What defines a Criminal Record in Arkansas?
A criminal record is defined as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities.
While the standard for criminal record collection and storage varies from county to county, a large percentage of Arkansas criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Arkansas State Records Online Database.
The amount of criminal records information presented on StateRecords.org varies from individual to individual. This is because different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes used in collecting information. Criminal records in the state of Arkansas generally include the following subjects:
Arkansas Arrest Records
An arrest record is an official document providing information regarding a person that has been questioned, apprehended, taken into custody, placed in detention, held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. In Arkansas, an arrest may be made by a certified law enforcement officer or by a private person.
Arkansas Arrest Warrants
An arrest warrant is an official document that is signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. It authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. In Arkansas, the police can arrest a person for committing a crime even without a warrant
. In most cases, this occurs when the person commits the crime in an officer’s presence.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. However, like felonies, a misdemeanor charge is categorized by a number-based system designed to describe the severity of the alleged crime. Misdemeanors in Arkansas may be designated as Class A, B, or C. Some misdemeanors are unclassified. The sentence depends on the classes, ranging from one year with Class A misdemeanors and coming down to a 30-day sentence in Class C.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year, which is to be served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. Felonies in Arkansas are crimes punishable by state prison terms. Arkansas’s lawmakers designate felonies as Class Y, A, B, C, or D. Some felonies are unclassified and, for these crimes, the sentence will be set forth in the criminal statute. Class Y felonies are the most serious crimes in Arkansas not punishable by death. A conviction for a Class Y felony can result in a prison term of 10 to 40 years or life.
Arkansas Sex Offender Listing
A sex offender listing
is a registry of persons who were convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they require registration for crimes besides the charges listed under the sex offender registration law. A judge may order an adult to register as a sex offender if the crime they were convicted of involves sexual motivation.
Arkansas Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. The law of the state of Arkansas gives points for traffic violations in accordance with the set regulations. Traffic tickets in Arkansas usually result in driving record points added to your driving record. Once you accumulate 14 points, the Arkansas Office of Driver Services
may suspend your driver's license for 3 months.
Arkansas Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded nolo contendere against criminal charges in a civilian or military court. The criminal charges can be classified as a felony, misdemeanor or other offense. Conviction also includes when a person has been judged delinquent, has been less than honorably discharged or has been placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment that was deleted by a pardon, set aside, reversed or otherwise rendered inoperative.
Arkansas Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who has been deprived of his/her civil liberties while on trial for a crime or while serving after being convicted of a crime. Like most states, the Arkansas Department of Corrections
maintains an inmate database that is often searchable online. It contains records that may include the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
Arkansas Parole Information
Parole records are an official document that includes information regarding the release of a prisoner who agreed to certain conditions prior to completion of their maximum sentence. While the prisoner is on supervised parole, the board shall require as a condition of parole that they pay a monthly supervision fee of not less than $30, unless the board agrees to accept a lower fee after determining inability of the prisoner to pay. The parole board
may also impose any conditions of parole, it deems appropriate in order to ensure the best interests of the prisoner and the citizens of Arkansas are served.
Arkansas Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Arkansas to serve their sentences out of custody, as long as they comply with probation conditions
imposed by the judge and probation officer. Probation is issued in proportion to the crime, so the length and nature of probation may differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that emphasizes punishment and control of the offender within the community.
Arkansas Juvenile Criminal Records
A juvenile criminal record is an official record of information regarding criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered to be convicted of a crime like an adult but instead are found to be “adjudicated delinquent.” These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Arkansas History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. Arkansas criminal records archives usually tend to go back as far as the 1970s when criminal and arrest data started to be centralized and compiled into an organized database much like we use today. Accuracy was more commonly affected by the human error in the past, but in the 1990s the quality and accuracy of recordkeeping improved exponentially due to the advent of the computer. As a result, the information provided on StateRecords.org will vary from person to person.
Arkansas Megan’s Law
Megan's Law is the term for state laws that create and maintain a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government implemented a requirement that all states establish sex offender registries
and provide the public with information about those registered. According to Arkansas law, anyone who has been found guilty of a sexually violent offense, a sex offense, or certain offenses where the victim was a minor must register. This includes those on probation or parole or anyone else serving any other form of community supervision. Juveniles are required to register in Arkansas when ordered by the court.