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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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with a sentence under act 346 of 1975 after completion does

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with a sentence under act 346 of 1975 after completion does a criminal record show when it comes to different jobs such as wanting to become a teacher etc and do you have to tell future employers about conviction
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 4 years ago.
Do you have a link to the section you are inquiring about?
Customer: replied 4 years ago.
no
Customer: replied 4 years ago.
i thought i would get a answer within 14 minutes
Expert:  AlexiaEsq. replied 4 years ago.

Not when you delay in clarifying for 14 hours and it is after 10:30 pm and I'm in bed after a long day's work :)

 

However, I can and will open this up for other colleagues.

Customer: replied 4 years ago.
can anybody answer thanks
Expert:  AlexiaEsq. replied 4 years ago.

Hi Jacustomer, welcome back,

 

With regard to your post:

 

with a sentence under act 346 of 1975 after completion does a criminal record show when it comes to different jobs such as wanting to become a teacher etc and -- A criminal records can show if the background check includes arrests and charges, which many do.

 

do you have to tell future employers about conviction -- According this XXX, no, one can deny a conviction, if you were not convicted because the judge deferred - "Because no judgment of guilt is entered, it may be successfully contended, as a general matter, that there is no conviction when further proceedings are deferred under Act 346 (§ 16-93-303, above). Cf. Duncan v. State, 308 Ark. 205, 823 S.W.2d 886 (1992) (concluding that the deferment as provided under Act 346 "...is [not] the equivalent of a conviction[,]" and that the defendant was therefore entitled to bail under Ark. Const. art. 2, § 8, which provides that ([a]ll persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses ....) 823 Ark. at 207 (emphasis added)."

 

However: "While it may therefore have been correct to deny the fact of "conviction," it should perhaps be noted that this follows from the nature of the proceedings under Act 346, and not from the rights attendant an "expungement" order. "Expungement" only occurs after fulfillment of the terms and conditions of probation, or the court's released therefrom. See A.C.A. § 16-93-303(b) (Supp. 1999). The court at that point will enter an order dismissing the case, discharging the defendant, and expunging the record. Id. When the "uniform order" is entered, it is at that point that "the individual's underlying conduct shall be deemed as a matter of law never to have occurred, and the individual may state that no such conduct ever occurred and that no such records exist." [Which is different and 'better' than merely being able to deny conviction.] A.C.A. § 16-90-902(b) (Supp. 1999). It appears that prior to the entry of this order, Act 346 offers no basis for denying the underlying conduct."


A wonderful explanation is found here: http://ag.arkansas.gov/opinions/docs/99-237.html


Already Tried:
sentence not complete and also can you get your probation time reduced --
Not as a practical matter, and not if you want the benefits of 346. Technically, yes, you can get the probations time reduced if you successfully appeal your plea and or sentence, which will generally take years, and by then, you will have already finished your probation. So a post facto reduction or eliminatation would not be helpful, as a practical matter, because it takes so long.

 

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AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience: 19+ Years of Legal Practice in Criminal Law.
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