Arkansas Criminal Laws: Penalties, Sentencing, and Sealing

Arkansas criminal laws divide every offense into one of three tiers: felonies, misdemeanors, and violations. Felonies run from Class Y at the top (10 to 40 years or life) down to Class D (up to 6 years). Misdemeanors split into Classes A, B, and C, with jail caps of one year, 90 days, and 30 days. Violations carry no jail time and a fine ceiling of $100 unless another statute sets a different amount. Where a charge lands in that structure drives almost everything that follows — the sentence range, whether probation is possible, when parole kicks in, and whether the record can ever be sealed.

Felony Classes and Penalties

Arkansas uses five felony classes. The sentence ranges come from Arkansas Code 5-4-401.¹

Class Y: 10 to 40 years, or life. Murder, rape, and large-scale drug trafficking.
Class A: 6 to 30 years. First-degree battery and certain drug offenses.
Class B: 5 to 20 years. Residential burglary is one example.
Class C: 3 to 10 years. Higher-value theft and some drug crimes.
Class D: Up to 6 years. Forgery falls here.

Fines are separate from imprisonment. A Class A or Class B conviction can carry a fine of up to $15,000, and a Class C or Class D up to $10,000.² A judge can also order restitution to victims on top of any fine.

Class Y offenses carry a ten-year floor with no probation option. Judges also weigh aggravating factors like the use of a deadly weapon or whether the victim was a child, elderly, or otherwise vulnerable.

Misdemeanor Classes and Penalties

Misdemeanors are less severe but still leave a criminal record. Arkansas recognizes three classes:

Class A: Up to one year in jail and a fine of up to $2,500. Third-degree domestic battery and lower-value theft.
Class B: Up to 90 days and a fine of up to $1,000. Harassment is one example.
Class C: Up to 30 days and a fine of up to $500. Disorderly conduct is common.

Jail limits come from Arkansas Code 5-4-401 and fine limits from Arkansas Code 5-4-201.¹² A misdemeanor conviction generally does not strip civil rights the way a felony does, but it still appears on background checks and can affect employment and housing.

Violations

Violations sit below misdemeanors. They carry no jail time, and under the Arkansas Criminal Code, are capped at a $100 fine unless a separate statute sets a different amount.² Traffic infractions and minor municipal code violations are the most common examples. Ignoring one can still escalate — a missed court date can lead to license suspension or a warrant.

Habitual Offender Enhancements

The ranges above apply to a first offense with no aggravating factors. Prior felonies change the picture significantly. Under Arkansas Code 5-4-501:

Two or three prior felonies: Class A tops out at 50 years instead of 30, Class B at 30 instead of 20, Class C at 20 instead of 10, and Class D doubles to 12.
Four or more prior felonies: Class A can reach 60 years, Class B 40, Class C 30, and Class D 15.

The same statute handles repeat violent offenders separately. A prior conviction for a violent felony or felony sex offense, followed by another one, can bring a life sentence.³

Probation and Suspended Sentences

Not every conviction means time behind bars. Arkansas courts can suspend a prison sentence and place you on probation, but only when the offense qualifies.

Probation is unavailable for capital murder, treason, Class Y felonies, second-degree murder, DWI/BWI, and other offenses specifically excluded by statute. It is also off the table if you have two or more prior felony convictions.⁴

When probation is available, a judge weighs the risk of reoffending, whether you need treatment best provided in a facility, and whether letting you remain free would undermine the seriousness of the offense.⁴ Probation can last up to the maximum sentence allowed for the offense. That means a Class A misdemeanor probation can run up to one year, and a Class A felony probation could extend to 30 years.⁵

Typical conditions include check-ins with a probation officer, maintaining employment, drug testing, and completing any court-ordered treatment. Violate them and the court can revoke probation and impose the original prison sentence.

A suspended sentence works similarly. The judge imposes a prison term but suspends it, meaning you do not serve the time unless you violate the conditions. A judge can also combine an executed prison term with a suspended additional term, adding supervision after release.⁶

Drug Courts and Diversion

Every judicial district in Arkansas is authorized to run a drug court program for defendants whose offenses are driven by substance abuse. The focus is treatment and supervision, and successful completion can result in charges being dismissed or reduced.

You are excluded from drug court if you have a pending violent felony charge, a prior violent felony conviction, or a requirement to register as a sex offender. Drug courts target medium- and high-risk offenders, so purely low-level cases may not be accepted. Individual courts can further restrict which offenses qualify.⁷

Some prosecutors also offer pretrial diversion for first-time offenders charged with non-violent misdemeanors or low-level felonies. Terms vary by judicial district, and availability depends on the local prosecutor’s office.

Parole Eligibility

Parole allows an inmate to finish a sentence under community supervision. The Arkansas Parole Board decides, weighing conduct in prison, participation in rehabilitation programs, and a risk-needs assessment.⁸

How much of the sentence you must serve before becoming eligible depends on the offense:

Lower-seriousness felonies (levels 1–6): eligible after one-third of the sentence, with good-time credit.
Higher-seriousness felonies (levels 7–10): eligible after one-half.
Certain violent offenses — first-degree murder, kidnapping, rape, aggravated robbery, methamphetamine manufacturing: 70% of the sentence.
Repeat violent or sex offenders: no parole eligibility; the full sentence must be served.

These thresholds come from the Parole Board’s administrative regulations.⁹ Being eligible does not guarantee release. The Board can deny parole and recommend a course of action, such as completing a treatment program, before reconsidering. For the most serious Class Y offenses, the Board has full discretion and is never required to grant release, even after any recommended course of action is complete.¹⁰ Parolees remain under supervision and can be sent back to prison for violations.

Consequences After the Sentence Ends

A conviction, especially a felony, carries consequences that outlast the jail term.

Firearms

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition.¹¹ That covers every Arkansas felony class, Y through D. Violating the ban is itself a federal crime carrying up to 15 years. Three or more prior violent felony or serious drug convictions push the mandatory minimum to 15 years.

Voting

A felony conviction suspends your right to vote in Arkansas, but the loss is not permanent. Rights can be restored once you complete your full sentence, including probation or parole, and pay all court costs, fines, and restitution. Restoration is not automatic. You must provide proof of completion to the county clerk’s office where you live and submit a new voter registration application.

Immigration

For non-citizens, even a misdemeanor can trigger deportation or block future immigration applications. Federal law treats certain categories — crimes involving dishonesty, theft with intent to permanently deprive, and offenses involving intentional serious bodily harm — as grounds for removal. An aggravated felony conviction, which covers a broader range of offenses than the name suggests, almost always makes a non-citizen deportable with very limited defenses.

Employment and Education

A felony on your record shows up on most background checks and can disqualify you from certain jobs, professional licenses, and housing. On the education side, the FAFSA no longer asks about criminal history, and incarcerated students became eligible for federal Pell Grants as of July 2023 if enrolled in an approved prison education program. A felony does not automatically disqualify you from federal student loans once released, though students currently incarcerated cannot access those loans.

Sealing a Conviction

Arkansas allows certain convictions to be sealed, which removes them from public databases so most employers, landlords, and members of the public cannot see them. Sealed records are not erased. Law enforcement and some government agencies keep access. For practical purposes, though, sealing restores much of the clean-slate status that a conviction took away.

Misdemeanors

You can petition to seal most misdemeanor convictions immediately after completing your sentence, paying all court costs and restitution, and handling any driver’s license reinstatement.¹² There is no waiting period for the vast majority of misdemeanors.

A handful require a five-year wait after sentence completion: third-degree battery, third-degree domestic battering, fourth-degree sexual assault, and negligent homicide charged as a Class A misdemeanor. Misdemeanor DWI convictions have their own timeline, tied to the lookback periods in the DWI statute.¹²

Felonies

Felony sealing is more restrictive. You can petition to seal a nonviolent Class C or Class D felony immediately after completing your sentence. Drug offenses under the Controlled Substances Act classified as Class A or Class B felonies are also eligible for immediate sealing, a notable exception to the general rule that higher-class felonies cannot be sealed.¹³

Violent Class C and Class D felonies require a five-year waiting period after sentence completion.¹³ There is also a hard cap: felony sealing is only available if you have no more than one prior felony conviction total. A previously sealed felony still counts toward that limit.

Some offenses can never be sealed. These include Class Y felonies, Class A felonies, and Class B felonies (other than the drug-offense exception above), manslaughter, felony sex offenses, and violent felonies listed under the habitual offender statute.¹⁴

How to File

File a petition in the circuit or district court in the county where the conviction occurred. There is a filing fee that varies by court. The prosecutor is notified and may object. A judge then evaluates your rehabilitation and any public safety concerns before deciding. If approved, the record comes off public-facing databases while remaining accessible to law enforcement and certain state agencies.

Victim Rights

Arkansas law gives crime victims enforceable rights through the criminal process. Victims have the right to be present at any court proceeding where the defendant has a right to be present, unless the judge finds that the victim’s presence would prevent a fair trial. If the victim attends, the court must also allow a support person to accompany them.

Law enforcement must promptly notify victims about their rights, available assistance programs, crime victim compensation, and whether a suspect has been arrested or released. If the defendant is convicted and imprisoned, the Department of Correction must notify the victim at least 30 days before the defendant is released on furlough or to a work-release program, if the victim has requested notification.

Victims can be heard at sentencing and parole hearings, can request the prompt return of property held as evidence, and can seek restitution for financial losses caused by the crime. A judge can order the defendant to pay for medical expenses, lost income, and direct financial losses the victim suffered.

1
Justia. Arkansas Code 5-4-401 – Sentence
2
Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
3
Justia. Arkansas Code 5-4-501 – Habitual Offenders – Sentencing for Felony
4
Justia. Arkansas Code 5-4-301 – Crimes for Which Suspension or Probation Prohibited – Criteria for Suspension or Probation in Other Cases
5
Justia. Arkansas Code 5-4-306 – Time Period Generally
6
Justia. Arkansas Code 5-4-104 – Authorized Sentences Generally
7
Justia. Arkansas Code 16-98-303 – Drug Court Programs Authorized
8
Arkansas Parole Board. Arkansas Parole Board Policy Manual
9
New York Codes, Rules and Regulations. Arkansas Administrative Code 154.00.1-VI-8 – Release
10
New York Codes, Rules and Regulations. Arkansas Administrative Code 158.00.1-2 – Consideration of Inmates Eligible for Parole / Transfer
11
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
12
Justia. Arkansas Code 16-90-1405 – Eligibility to File a Uniform Petition to Seal a Misdemeanor Offense or Violation
13
FindLaw. Arkansas Code 16-90-1406 – Felony Convictions Eligible for Sealing
14
FindLaw. Arkansas Code 16-90-1408 – Felony Convictions Ineligible for Sealing