Arkansas Court Records

The Arkansas court system is structured into three tiers: district courts, circuit courts, and appellate courts. At the base of the structure are the district courts, which are courts of limited jurisdiction. Arkansas has two types of district courts: state district courts and local district courts.

State district courts are presided over by full-time judges and handle cases across wider jurisdictions, such as a city, a county, or even multiple counties. These courts have authority over traffic violations, misdemeanors, ordinance violations, preliminary felony matters, and civil disputes involving personal property or contracts where the amount in controversy does not exceed $25,000.

Local district courts are typically served by part-time judges who may also practice law. Their jurisdiction is often limited to a city or county, and they handle similar types of cases, but only for civil matters involving amounts up to $5,000. These courts also operate small claims divisions, providing a simplified legal process for resolving low-value disputes.

The circuit court is Arkansas's court of general jurisdiction. These courts hear a broad range of cases, including felony criminal trials, civil lawsuits involving large sums of money, divorce and custody matters, probate issues, and juvenile cases such as delinquency or dependency-neglect.

At the top of the system are the appellate courts, which include the Arkansas Court of Appeals and the Arkansas Supreme Court. The court of appeals is the intermediate appellate court and hears most appeals from circuit court decisions that are not deemed to involve significant legal or constitutional questions. It helps ease the caseload of the supreme court and issues written opinions that may be reviewed further if requested.

The Arkansas Supreme Court is the state's highest court and has the final word on legal and constitutional issues in Arkansas. It hears selected appeals, especially those involving the death penalty, life imprisonment, or major legal questions. The court also oversees the administration of the entire judicial system and sets procedural rules and ethical standards for all other courts in the state. Approximately one million cases are filed annually in Arkansas courts.

What Are the Types of Court Records In Arkansas?

In Arkansas, court records are created when a case is filed in any court within the state's unified judicial system. As the case progresses, additional documents and records are generated during court proceedings, including petitions, motions, orders, transcripts, and judgments. These materials are submitted by parties such as plaintiffs, defendants, attorneys, or created by the court itself during the administration of justice.

Each Arkansas court clerk serves as the official custodian of court records for their respective jurisdiction. Arkansas courts maintain the following specific records:

• Arkansas Supreme Court
• Opinions and Rulings: Final decisions in cases involving constitutional issues and significant legal questions. These are published and set binding precedent statewide.
• Case Dockets: Detailed records of filings, motions, and decisions in cases reviewed by the court.
• Administrative Orders: Issued to manage court operations statewide and to amend or interpret procedural rules.
• Petitions for Review: Requests for the Supreme Court to review rulings issued by the Arkansas Court of Appeals.
• Arkansas Court of Appeals
• Appellate Case Dockets: Records of civil and criminal appeals assigned by the Supreme Court.
• Court Opinions: Written decisions resolving appellate issues; binding unless overturned by the Supreme Court.
• Motions and Briefs: Legal filings by parties detailing arguments on appeal.
• Oral Argument Recordings or Summaries
• Arkansas Circuit Courts
• Criminal Case Records: Includes felony charges, arraignments, plea agreements, trial transcripts, and sentencing documents.
• Civil Case Records: Covers lawsuits related to contracts, tort claims, real property, and business disputes.
• Family Law Records: Encompasses divorce proceedings, custody orders, child support enforcement, and domestic violence cases.
• Probate and Guardianship Records: Wills, estates, guardianships of minors or incapacitated adults, and related petitions.
• Arkansas Juvenile Division (within Circuit Courts)
• Delinquency Case Records: Proceedings involving minors accused of criminal acts.
• Dependency and Neglect Cases: Hearings concerning child abuse, neglect, or foster care placement.
• Termination of Parental Rights and Adoptions: Proceedings that result in permanent legal changes to family structures.
• Juvenile Protective Orders: Orders of protection issued for or against minors in specific circumstances.
• Arkansas District Courts
• Traffic Violation Records: Citations and fines for speeding, DUIs, and other traffic offenses.
• Misdemeanor Case Records: Shoplifting, disorderly conduct, and other minor offenses.
• Small Claims and Civil Disputes: Claims for damages up to $5,000, contract disputes, and evictions.
• Ordinance Violations: Local code enforcement issues such as noise violations, illegal parking, and animal control matters..

Are Arkansas Court Records Public?

Most court records in Arkansas are considered public and accessible under the Arkansas Freedom of Information Act (FOIA). However, not all court records are open to public access. Certain records are restricted due to privacy concerns, statutory exemptions, or by court order. These confidential or sealed records typically include:

• Juvenile court records
• Adoption and guardianship proceedings
• Mental health commitment cases
• Protective orders and some domestic violence cases
• Grand jury transcripts and investigative materials
• Expunged or sealed criminal cases

Arkansas courts may seal records to protect the privacy of minors, victims of sexual assault or domestic violence, or to preserve the integrity of sensitive legal matters. In some cases, records may also be sealed to comply with federal or state confidentiality laws.

How Do I Search Arkansas Court Records?

You may search Arkansas court records using the following methods:

• SearchARCourts: This tool replaces the previous Arkansas Public CourtConnect tool and allows users to find public case information for state courts using the CCMS (Contexte Case Management System). You may use the tool to find public court information for participating courts if you know the name of a person in the case or the case number. SearchARCourts provides access to information such as the parties involved, the judge, filings in a case, charges and dispositions, judgments, and future events.
• Local court websites: Some courts have their own websites where the public may find court case information. Hence, if a court does not participate in the CCMS, you may check if the court or county where the court is located has a website through which public court case information may be accessed. For example, Washington County provides online access on its website for users to search public court case information.

In addition, the ArkansasSupreme Court and the court of appeals provide online tools for the public to search their opinions.

How To Retrieve Court Records Offline

You may obtain certified or standard copies offline via this process:

• Identify the Appropriate Court: Determine the court where the case was filed and then locate the court's physical address and contact information.
• Visit the Clerk's Office: Go to the clerk's office during business hours and submit a request containing specific information about the case, such as case number, party names, and filing dates, to assist the clerk's office in locating the records.

Note to specify whether you need standard or certified copies. Fees apply to obtain standard and certified copies. Typically, standard copies cost $0.25 per page while certification costs $5 per document. However, it is recommended that you contact the specific court clerk's office upfront or check the court's website to determine the actual cost for obtaining court records before submitting a request.

The processing times for court record requests may vary based on a court's workload and the complexity of the request. Some records, especially simple or recent court records, are typically available immediately, while complex or certified records may take several business days to process.

Can I Seal or Expunge an Arkansas Court Record?

Sealing a record means restricting access to adult criminal non-conviction and conviction records via a court process. On the other hand, expungement refers to the destruction of a record. Although the terms "sealing" and "expungement" may be used interchangeably, the state does not provide for the destruction of conviction or non-conviction records. However, a court may seal a criminal record, making it confidential. While the record still exists, it is not available to the public.

In Arkansas, juvenile criminal records are automatically sealed once the case is closed, provided the individual was not prosecuted as an adult. However, this automatic sealing does not apply to adult offenders, who must formally petition the court to have their records sealed.

Sealing is only available in Arkansas in specific circumstances, and the petitioner must have satisfied all required conditions of their sentence for expungement to be available. Typically, expungement is available in the following cases:

• The individual was acquitted of the charges.
• The charges were dismissed or withdrawn by the prosecution.
• The individual was found not guilty at trial.
• The individual successfully completed a drug court program.
• The individual received a pardon from the Governor.
• The individual was convicted but has fully served their sentence, including paying all fines and court costs

Most misdemeanors are eligible for sealing after completing the sentence, including payment of fines and restitution. Also, certain Class C and D felonies, and some drug-related Class A and B felonies, may be sealed after completing the sentence and a waiting period. However, Class Y felonies, violent or sexual felonies, and felonies with a maximum sentence of 10 years or more are generally not eligible for sealing.

The following waiting periods apply in the state:

• Misdemeanors: Generally, a 60-day waiting period after completing the sentence.
• Non-violent Felonies: A 5-year waiting period after completing the sentence

An expungement petition in Arkansas typically follows this process:

• Obtain Records: Get copies of your judgment and commitment order, and your criminal history record from the Arkansas Crime Information Center.
• Complete Petition: Fill out the Petition and Order to Seal form, available from the court or online.
• File Petition: Submit the petition to the circuit or district court in the county where the crime was committed.
• Notify Parties: Once you submit your petition, copies will be forwarded to the prosecutor and the arresting agency. If anyone objects to sealing your record, they must file a formal notice of opposition with the court within 30 days of your petition's submission. In their notice, they must provide a clear explanation of their reasons for opposing the request.
• Attend Hearing: If there are no objections, the court may approve the petition without a hearing. However, if a notice of opposition is filed, the court will schedule a hearing where you will appear before a judge. If the judge determines that your record should be sealed, they will sign the order to seal it. The signed order must then be filed with the court clerk to finalize the process.

How To Search Federal Court Records in Arkansas

The two federal district courts (Eastern District and Western District) in Arkansas handle federal cases, including civil and criminal matters. In addition, bankruptcy cases are handled in federal courts.

Records for both the Eastern and Western Districts of Arkansas can be accessed online through the PACER system (Public Access to Court Electronic Records). To use PACER, you must create a free account on the system and provide a case number, party name, or filing date to perform a search. Be aware that PACER charges $0.10 per page, but is pegged at no more than $3 per document.

If you prefer to access records offline, you may visit the clerk's office at any federal courthouse in Arkansas. Copy fees are usually charged at $0.50 per page and $11 per document for certification.

How To Get Arkansas Court Records Online for Free?

SearchARCourts, a tool provided by the Arkansas judiciary, allows users access to Arkansas public court case information online for free. You will need a party name or case number to search the tool. In addition, court of appeal and supreme court case information may be searched online. Since most court records in the state are public, you may also use a reliable third-party database such as PeopleRecords.us to get Arkansas court records online for free.