The ACIC form is a legal document used in Arkansas to petition for the sealing of criminal records, including nolle prosequi, dismissals, and judgments of acquittal. This form allows defendants to request that their past arrest records be sealed from public view, provided certain conditions are met. Understanding how to properly complete and file this form is essential for individuals seeking to move forward without the burden of their past legal issues.
The ACIC form plays a crucial role in the process of sealing criminal records in Arkansas, providing a structured means for defendants to request the removal of certain legal documents from public view. This form is specifically designed for individuals who have been charged with a crime but have had those charges dismissed, acquitted, or otherwise resolved in a manner that warrants the sealing of their records. It requires the defendant to provide essential information, including the details of their arrest, the nature of the charges, and the outcomes of any legal proceedings, such as an Order of Nolle Prosequi or a judgment of acquittal. Additionally, the form mandates that defendants confirm they have no pending felony charges and outlines whether they are required to register as sex offenders. By signing the form, the defendant attests to the truthfulness of the information provided, thereby affirming their eligibility to seek record sealing under Arkansas law. The form also includes a Certificate of Service, ensuring that the appropriate legal authorities are notified of the petition, which is a critical step in the process. Overall, the ACIC form serves as a vital tool for individuals seeking to move forward with their lives by erasing the stigma associated with past legal troubles.
The ACIC form is used to petition the court to seal certain criminal records. This includes cases where charges were dismissed, a nolle prosequi order was entered, or a judgment of acquittal was granted. Sealing records can help individuals move forward without the burden of past charges affecting their lives.
Any defendant who has had their charges dismissed, received a nolle prosequi order, or been acquitted can file this form. It's essential that the individual meets all the requirements outlined in the form, including having no pending felony charges in any state or federal court.
You will need to provide:
"Nolle prosequi" is a Latin term meaning "to not pursue." When this order is entered, it indicates that the prosecutor has decided not to pursue the charges against you. This can be a significant step towards clearing your record.
The processing time can vary based on the court's workload and specific circumstances of your case. Generally, it may take several weeks for the court to review your petition and issue a decision. It’s a good idea to follow up with the court if you haven’t heard back after a reasonable amount of time.
No, each case requires a separate ACIC form. You must file individual petitions for each case you want to seal. This ensures that the court can properly review and process each case on its own merits.
Once your records are sealed, they will no longer be accessible to the public. This means that most employers, landlords, and others will not be able to see your past charges. However, certain entities, like law enforcement, may still have access to sealed records.
While you can file the ACIC form on your own, having an attorney can be beneficial. They can help ensure that your petition is completed correctly and increase the chances of approval. If you're unsure about the process, consulting with a legal professional may be a good idea.
IN THE ______________ COURT OF ________________, ARKANSAS
____________ DIVISION
STATE OF ARKANSAS
PLAINTIFF
vs.
Case No. ______________
_______________________
DEFENDANT
(First, Middle and Last name)
PETITION TO SEAL RECORDS OF NOLLE PROSEQUI, DISMISSALS AND JUDGMENTS OF ACQUITTAL UNDER ACT 1460 OF 2013; A.C.A.16-90-1401, Et. Seq.
Comes the Defendant and for his/her petition to seal the record states:
1.The Defendant was arrested on the _______ day of ____________,
________, and charged with the offense(s) of:
_____________________________________________________
A Class _____ [_] felony [_] misdemeanor in violation of A.C.A.§
____________________
2.[_] An Order of Nolle Prosequi was entered in this case more than one (1) year ago and the prosecuting attorney or the city attorney has not refilled said charges against the Defendant; or
[_] An Order of Dismissal has been entered in this case; or
[_] A judgment of Acquittal was entered in this case and the acquittal was not for reason of mental disease or defect under A.C.A.§5-2-301, et seq.
3.The Defendant has paid all filing fees required to be paid with the filing of this Petition mandated by A.C.A §16-90-1419.
ACIC FORM
REVISED 01/01/2014
4.[_]Defendant has no pending felony charges in any state or federal court; or
[_]Defendant has one or more pending felony charges in state or federal court and the status of that/those charges is/are as follows:
5.Defendant [_] IS or [_] IS NOT required to register as a sex offender under the Sex Offender Registration Act of 1997 (A.C.A.§ 12-12-901, et seq)
6.As evidenced by my signature below, the above information is true and correct to the best of Defendant’s knowledge.
WHEREFORE, the Defendant, ______________________________,
prays this Court enter an Order Sealing the above referenced arrest(s) pursuant to A.C.A. §16-90-1410.
___________________________
Defendant’s Signature
Date
THE FOLLOWING INFORMATION IS REQUIRED FOR PROPER IDENTIFICATION OF THE DEFENDANT IN THE STATE AND NATIONAL RECORD SYSTEMS
Race ____________
Arrest Tracking Number ________________
Sex ____________
SID No.
_____________________
DOB ____________
FBI No. (if known)______________________
Certificate of Service
I, __________________________, do hereby certify that a true and correct
copy of the foregoing Petition has been provided to either the Prosecuting Attorney for the County in which the Petition has been filed or to the City Attorney depending on which office prosecuted the case and the arresting agency by placing a copy of this Petition in the United States mail, postage prepaid, to said office or by hand delivering a copy to said office.
Defendant or Defendant’s Attorney
Arkansas State Tax Phone Number - The withholding exemption applies until the member notifies the state of any changes.
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When filling out the ACIC form, it is essential to follow certain guidelines to ensure accuracy and completeness. Below are ten things you should and shouldn't do:
Incomplete Information: One of the most common mistakes is failing to fill in all required fields. Ensure that every section, especially the defendant's name and case number, is complete.
Incorrect Dates: Providing the wrong date of arrest or the date of the order can lead to delays. Double-check these dates for accuracy.
Misunderstanding the Charges: Some individuals may not fully understand the charges listed. It’s crucial to accurately describe the offense(s) to avoid confusion.
Signature Issues: Forgetting to sign the form or signing in the wrong place can invalidate the petition. Always ensure that the signature is present and correctly placed.
Missing Filing Fees: Not paying the required filing fees can halt the process. Make sure to confirm that all fees are paid before submission.
Failure to Notify: Not providing a copy of the petition to the appropriate prosecuting attorney or city attorney can lead to complications. Always ensure that proper notification is given.