What is the First Offenders Act in Arkansas?

93-303 (Act 346 of 1975) The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you.

What does first time offender mean?

Definition of first offender

: one convicted of an offense for the first time.

How much of your sentence do you serve in Arkansas?

As a general rule, an offenders sentenced to a term of incarceration for offenses above the line must serve one-half of his sentence before he is eligible for transfer. An offenders sentenced for offenses below the line must serve one-third of his sentence before he is eligible for transfer.

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 long does a felony stay on your record in Arkansas?

In Arkansas: You must wait 60 days after completing your sentence if the records involve a non-violent misdemeanor. If the records involve a violent or sexual misdemeanor, you must wait five years and 60 days after completing your sentence. You must wait five years after completing probation for felony convictions.

CRIMINAL DEFENSE ATTORNEY BREAKS DOWN THE "FIRST OFFENDERS ACT"

What rights do felons lose in Arkansas?

In the state of Arkansas, a convicted felon loses certain civil rights: owning and using a firearm, voting, serving on a jury, running for public office and holding a government job. A person with a felony conviction can seek the governor's pardon to restore some or all of these rights.

Does your criminal record clear after 7 years?

The Seven Year Rule

Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.

How much time do you have to serve before eligible for parole in Arkansas?

Within 90 days of incarceration, the ADC will provide inmates who have a TE or PE date with a time card that will provide at a minimum the following information: (1) sentence length, (2) offense, (3) minimum required time to be served before transfer/parole eligibility, (4) jail time credit, (5) class status, and (6) ...

What happens if you fail a drug test on probation in Arkansas?

If you continue to violate your probation by failing drug tests, your probation officer may decide to request that your probation is revoked. A judge will make this decision and then they will decide what your punishment will be. Typically, you will have to finish your sentence in jail if your probation is revoked.

Can you leave the state on probation in Arkansas?

Unless you are given permission in advance, any requests to travel outside of the Eastern District of Arkansas must be approved by your U.S. Probation Officer. Failure to do so may result in a violation of your supervision.

What's the lowest felony you can get?

Class I felonies are the lowest in the class ranking.. This occurs if someone makes a threat to commit a crime that would result in the death, terror, serious injury, or serious physical property damage. However, a person can make a “threat” simply through innuendo and even body language.

How long can you be held in jail without seeing a judge?

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

What is 85% of a 5 year sentence?

ANSWER: Fifty-one months.

Do First time offenders go to jail?

Some first time felony offenders go to jail. However, it's possible for a person to receive a sentence for a felony conviction without a period of incarceration.

Who are first offenders?

A first offender is a person who has been found guilty of a crime for the first time.

Do you think it's fair that some first time offenders have to serve jail time while others are allowed to enroll in diversion programs?

I don't think it's fair for a first- time offender to serve jail time while others are allowed to enroll in diversion programs because it all depends on how severe the crime is and the crime for a first-time offender could be something minor meanwhile another first-time offender could have committed identity fraud and ...

What is a good excuse for failing a drug test?

Furthermore, employees may have excuses for failing a drug test: they ate too many poppy-seed bagels, accidently picked up the wrong brownie at a party or were stuck in a car with someone who was smoking weed. Perhaps they'll argue that the test is wrong. Employers need to consider how they'll handle these situations.

Is it better to fail a drug test or refuse?

Refusing to take a drug test is much like refusing to take a breathalyzer; it's your right to say no, but just taking the test is usually the better option. The question you pose shouldn't be whether you can refuse a drug test, but instead whether refusal is a smart decision. Drug tests are ordered for many reasons.

What happens if you pee dirty on parole?

The PO tests the urine and if it's positive, will send it to a lab for further confirmation. What happens if it's positive? The Probation Officer issues a probation violation report, the judge signs it and issues a warrant for your arrest. Usually takes 1-3 weeks.

How does probation work in Arkansas?

Basics Regarding Probation

An offender must report regularly to their probation officer. If they violate the conditions of their probation, it may be revoked. The offender may be arrested by a law enforcement officer and sent to county jail or prison for the maximum term for their criminal offense.

What is the point system for parole in Arkansas?

Under the new system, parole officers will submit a violation report to the Parole Board only after an offender's combined violations reach 40 points using the new weighted guidelines. The offenses are categorized as low-level, five points; medium level, 15 points; or high level, 40 points.

How does parole work in Arkansas?

Once an inmate is paroled they are transferred to the custody of the Arkansas Department of Community Correction. They are assigned to a Parole Probation Officer (PPO) whose job it is to ensure that all conditions of parole are followed. Q: Can a person be returned to prison while on parole? A: Yes.

Does a criminal record stay with you for life?

Why is it still on my record? Since 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.

How long do things stay on your criminal record?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

How do you get a criminal record removed?