Petition to Seal Instructions
Download and complete the following in addition to the instructions below:
The following requirements must be met in order to apply to have your felony/misdemeanor record sealed in Sebastian County:
- the suspended sentence time must be completed PLUS an additional five (5) years if you were convicted after January 1st, 2014;
- all terms and conditions of the suspended sentence must be met. This may include, but not limited to, paying any fines, costs, fees, restitution, completion of any Court ordered counseling, meetings, probation, or community service work.
Petition to Seal Felony/Misdemeanor Process
1. Complete the appropriate form on www.acic.org/forms. There are seven (7) different forms of Petition to Seal. You will need to determine which form is appropriate for your situation. The Clerk's Office will try to assist you, but we are not attorneys and are not responsible if the incorrect form is used.
a. *** If you do not have access to a computer at home, you may go to a Fort Smith Public Library and use their internet: there is no fee if you have a library card, if you do not have a library card, the fee is $3.00/per hour and then $.25/per page printed (the Petitions are about 4 pages).***
b. **YOU CAN CONTACT ARKANSAS LEGAL AID AT 1-800-9LAW AID FOR ANY QUESTIONS OR HELP WITH YOUR PETITION TO SEAL**
2. A background check will be required from the following five (5) offices (each office will give you a letter stating your history in Sebastian County. These letters will need to be submitted along with the Petition to Seal Packet):
a. Sebastian County Circuit Clerk - 901 South B Street, Sebastian County Courts Building, 2nd Floor, Room 205, 479-782-1046 **If you were age 14 before 1988, you will have to obtain this letter from the Circuit Clerk's Record Office at 40 South 4th Street, Fort Smith, AR 479-784-1581.
b. District Court Clerk’s Office - 901 South B Street, Sebastian County Courts Building, 1st Floor, Room 103, 479-784-2420.
c. Fort Smith Police Dept - ID Office - 100 South 10th Street, 479-709-5000 ---- $2.00 Fee
d. Sebastian County Sheriff’s Office - 800 South A Street, 479-783-1051 ---- $6.00 Fee
e. Clearance Letter, Driver Control - 616 Garrison Avenue, Suite 104, Fort Smith, AR (State Office Building) 479-783-2422 --- No Charge
Return the original packet, which is the original Petition & original (5) search letters plus an additional (2) complete copies of the packet, all of which you will file in the Sebastian County Circuit Clerk's Office with the FILING FEE of $50.00 -- cash or money order (made payable to: SEBASTIAN COUNTY CIRCUIT CLERK). **The original packet + 2 copies of the packet need to be in grouped order when you bring them to be filed at the Clerk's office. The grouped order is: (1) Petition to Seal, (2) Application for Petition to Seal, and then (3) the 5 search letters you obtained.
Once the Petition to Seal is filed, there is a NINETY (90) DAY waiting period for the arresting agencies to file any objections they may have. When the ninety (90) day waiting period has passed, the Court Administrators Office will prepare the Order to Seal for consideration by the Court. You will be mailed a file-marked copy of the Court Order, if it is granted or denied.