What is Act 346 in the state of Arkansas?
Arkansas Crime Information Center Act 346: First Offender Probation Online Search.
How many years does a habitual felon get in Arkansas?
Habitual Offender Statute – A.C.A. § 5-4-501 Arkansas’s Habitual Offender statute is A.C.A. § 5-4-501. A sentence of 300 years under the Habitual Offender statute did not exceed life imprisonment since the only sentences greater than life would be life without parole and death.
How long does it take to expunge a record in Arkansas?
Legally, the judge may not grant your petition to expunge until at least 90 days after you served the prosecutor. The court may deny a petition at any time. However, I have had many judges grant my petitions to seal in as little as 45 days.
What is the punishment for a Class D felony in Arkansas?
Class D felonies are the least serious felonies in Arkansas, punishable by up to six years in prison and a fine of up to $10,000. Aggravated assault is an example of a Class D felony. (Ark. Code §§ 5-4-201, 5-4-401 (2019).)
How do I get off probation early in Arkansas?
Arkansas law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)
How much time do you serve on a 5 year sentence in Arkansas?
In other words, an offender who is guilty of a violent or sexual felony offense must serve 100% of their time if this is their second or subsequent violent or sexual offense. For example, an inmate sentenced to a five year sentence must serve five years or a forty year sentence must serve forty years. See A.C.A.
How much time does a habitual felon get?
The violent habitual felon laws were enacted in 1994. They provide for a mandatory sentence of life in prison without the possibility of parole for a defendant who, having already been convicted of two violent felonies, commits a third.
Does expungement restore gun rights in Arkansas?
Arkansas law does not allow an expungement to restore your right to carry a firearm unless the governor expressly restores it by receiving a pardon. However, if you were sentenced under the First Time Offender Act (listed above), you do not need to get a pardon in order to be eligible to carry a firearm.
Is a deferred plea a prior use of Act 346 in Arkansas?
State, 2010 Ark. 419 that a first offender type of deferred plea in New Mexico did not constitute a prior use of Act 346 of 1975. Thus the previous conviction could not serve to disqualify a person from utilizing the provisions of Act 346 in Arkansas for a subsequent offense.
Where can I find the Act 346 probation form?
Please be aware that until ACIC receives either the Act 346 Probation Form or the Act 346 Order to Seal, individuals WILL NOT be entered into the Act 346 database. The Act 346 Probation Forms can be found on our website ( www.acic.org ).
Do I need a criminal background check under Act 346?
If a search shows an individual HAS NOT used Act 346 previously this does not necessarily mean they are qualified. A criminal background check should be made to determine if an individual has met all other requirements before sentencing under Act 346.
Can I possess a firearm after a discharge and dismissal in Arkansas?
Act 1491 of 2009 provided that those receiving a discharge and dismissal were not prohibited from possessing a firearm under the felon in possession of firearm statute Arkansas Code Annotated § 5-73-103 (b) (2). How Do I Know if I Plead Under the Arkansas First Offender Act?