Timothy Finley v. State of Arkansas

Cite as 2024 Ark. App. 567
ARKANSAS COURT OF APPEALS
DIVISION I
NO. CR-23-481

Opinion Delivered November 13, 2024

TIMOTHY FINLEY APPEAL FROM THE UNION
APPELLANT COUNTY CIRCUIT COURT
[NOS. 70CR-95-208 & 70CR-95-317]
V.

HONORABLE SPENCER G. SINGLETON,
STATE OF ARKANSAS JUDGE
APPELLEE
REVERSED AND REMANDED

KENNETH S. HIXSON, Judge

Appellant Timothy Finley appeals from two orders denying his petitions to seal his

felony convictions in Union County Circuit Court case numbers 70CR-95-208 (case 208)

and 70CR-95-317 (case 317).1 On appeal, Finley argues that (1) the trial court erred in

denying Finley’s motion to strike the prosecutor’s written objections to the petitions because

the prosecutor’s objections were filed outside the statutory thirty-day response time; (2) the

trial court erred in finding that Finley failed to meet his burden of proof in showing that the

sealing of his records would further the interests of justice; and (3) the trial court erred in

1
There were two separate appeals filed from these orders but because both appeals
concern the same issues applicable to both cases, we granted Finley’s motion to consolidate
the cases.
finding that because Finley had more than one prior felony conviction, none of his

convictions could be sealed. For the reasons explained herein, we reverse and remand.

I. Background and Relevant Facts

On October 2, 1995, Finley executed separate written plea agreements in case 208

and case 317 pleading guilty to multiple felony drug offenses. In case 208, Finley pleaded

guilty to possession of marijuana with intent to deliver and possession of drug

paraphernalia—both Class C felonies. In case 317, Finley pleaded guilty to possession of

marijuana with intent to deliver and possession of drug paraphernalia, and he also pleaded

guilty to operating a drug premises—a Class D felony. The plea agreement in case 208

provided that the prosecutor would recommend five years in prison followed by a five-year

suspended imposition of sentence, as well as costs and fees to be paid in full on the date the

plea was entered. The plea agreement in case 317 provided that the prosecutor would

recommend five years in prison followed by a five-year suspended imposition of sentence, as

well as court costs.

On October 11, 1995, a judgment and commitment order was entered for all five

convictions. The judgment reflected that the two drug offenses in case 208 were committed

on March 17, 1995, and that three drug offenses in case 317 were committed on April 27,

1995. For each of the five offenses, the trial court sentenced Finley to five years in prison

followed by a five-year suspended imposition of sentence, with all the sentences to run

concurrently. The judgment did not order Finley to pay any fines, and in the space for court

costs is the handwritten notation, “WAIVED/INDIGENT.”

2
Finley was also furnished with the written conditions of his suspended sentences in

case 208 and case 317. Neither of these written conditions required Finley to pay any fines

or court costs.

On January 11, 2023, Finley filed separate petitions in case 208 and case 317 to seal

the records of his felonies under Act 1460 of 2013, which is known as the Comprehensive

Criminal Record Sealing Act (CCRSA), codified at Arkansas Code Annotated sections 16-

90-1401 et seq (Repl. 2016 & Supp. 2021).2 In these petitions, Finley recited the felony

offenses with which he was charged and had pleaded guilty. Finley stated in the petitions

that he had completed his sentences, that he had paid all court costs and fines unless

payment had been excused by the court, that he has no pending felony charges in any state

or federal court, and that he has been rehabilitated. In the companion petitions, Finley

requested that all his felony convictions be sealed. The prosecutor was served with these

petitions on the same day they were filed.

On February 14, 2023, Finley submitted identical letters to the trial court in each case

wherein Finley noted that the prosecutor had not filed a response to his petitions within

thirty days as permitted by Ark. Code Ann. § 16-90-1413(b)(3)(A) (Repl. 2021). In these

letters, Finley’s counsel also stated that counsel had been persistently informed that the

Union County courts will not sign an order to seal without an executed “sign-off sheet”

2
Arkansas Code Annotated section 16-90-1406(a)(1) (Supp. 2021) permits a person
to petition a court to seal a record of a conviction after the completion of the person’s
sentence for a nonviolent Class C felony or nonviolent Class D felony.

3
signed by a local agency agreeing that the petitioner had completed his sentence, including

payment of any fines and costs. Finley acknowledged that he filed his petitions without the

“sign-off sheets” but argued that requiring petitioners to file such “sign-off sheet” constituted

an impermissible local rule and that there are other ways a petitioner can prove that he

completed his sentence and is entitled to seal his criminal record. Finley cited In re Changes

to Arkansas Rules of Civil Procedure, 294 Ark. 664, 742 S.W.2d 551 (1987), in which the

supreme court abolished Arkansas Rule of Civil Procedure 83, which formerly allowed

circuit courts to prescribe local rules. The supreme court abolished Rule 83 in part to

eliminate local “procedural rules which will detract from the ability of any litigant or member

of the bar of this state to know the fundamental rules of litigation which may affect their

rights adversely no matter what court of this state they may be before.” Id. at 666, 742

S.W.2d at 552. Finley’s letters to the trial court concluded by requesting that the trial court

either sign the proposed orders to seal or set the matter for a hearing. The trial court

subsequently set a hearing for April 11, 2023.

On March 30, 2023, the State filed written responses to each of Finley’s petitions to

seal his felony convictions. In these responses, the State admitted that Finley had been

charged with and convicted of the felony offenses recited in the petitions, but the State

denied the remaining allegations in Finley’s petitions and stated that it demanded strict

proof thereof upon a hearing in the matter. The State requested that Finley’s petitions be

denied.

4
On March 31, 2023, Finley filed identical motions to strike the State’s written

objections to his petitions in each case. In these motions, Finley noted that the State’s

responses were filed seventy-eight days after his petitions were filed and served on the

prosecutor and asserted that they were well outside the thirty-day window for objecting as

prescribed by Ark. Code Ann. § 16-90-1413(b)(3)(A). Finley’s motions to strike were

premised on Arkansas Rule of Civil Procedure 12(f), which provides:

Motion to Strike. Upon motion made by a party before responding to a pleading or, if
no responsive pleading is permitted by these rules, upon motion made by a party
within 30 days after the service of the pleading upon him or upon the court’s own
initiative at any time, the court may order stricken from any pleading any insufficient
defense or any redundant, immaterial, impertinent or scandalous matter.

Although Finley moved to strike the State’s written objections to his petitions, Finley stated

further in his motions:

Here, a hearing has been requested, and [Finley] does not demand that the court
grant the petition based only on the fact that the 30 days expired without entry of an
objection. Furthermore, [Finley] does not contend that the State cannot object at the
hearing.

The consolidated hearing on both of Finley’s petitions to seal was held as scheduled

on April 11, 2013. At the hearing, the trial court orally denied Finley’s motions to strike the

State’s written objections, and Finley offered testimony in support of his petitions.

Finley testified in his own behalf. Finley testified that, prior to the 1995 felony

convictions that he sought to have sealed in this case, he had once been adjudicated a

juvenile delinquent for a felony committed when he was under eighteen. Finley also stated

that in 1993, he was charged with “misdemeanor possession.” Finley stated that, after being

5
paroled from prison in relation to the 1995 convictions, he was arrested in 1999 for delivery

of a controlled substance, but that charge was later nolle prossed. However, according to

Finley, his parole was revoked at that time as a result of the 1999 drug charge. Finley stated

that after being released from the Arkansas Department of Correction he was on probation

and that he completed his probation.3

When asked if he had paid his court costs and fees, Finley stated that he was not

ordered to pay any costs or fees. When asked if he had paid his supervision fees during his

parole, Finley stated that he was not ordered to pay any supervision fees.

Finley stated that other than once being convicted of public intoxication in 2014, he

has not been in any trouble with law enforcement since the 1990s. He also stated that he

has no pending criminal charges or investigations against him.

Finley testified that he was about thirty-five when he committed the 1995 nonviolent

drug offenses and that he is now sixty-two. He stated that he wants to have his record sealed

so he can get a better job and move into an assisted housing apartment. Finley stated that

he immediately obtained employment after his release from the Arkansas Department of

Correction and that he currently works part time for a company called Clean Earth while

also receiving Social Security. Finley is also involved in the community and assists a nearby

3
The record reflects that Finley was actually on a five-year suspended imposition of
sentence and not probation. The only difference between probation and a suspension is
that probation is supervised by a probation officer and a suspension is not. Ark. Code Ann.
§ 5-4-101(3), (7) (Supp. 2021); Bangs v. State, 310 Ark. 235, 835 S.W.2d 294 (1992).

6
couple with daily tasks. Finley stated that he spends his time visiting friends and his brother,

who is a Vietnam veteran. Finley testified:

When I [got the 1995 drug charges] I was a young man, had an ego on my shoulder
and I was wrong. And I got nephews and nieces and cousins, family members who
look up to me. I want to be a, you know, a right citizen.

Finley’s sister-in-law, Renea Gentle, testified next. Renea stated that she has known

Finley since 1979, when she married Finley’s older brother. Renea stated that Finley has

changed since 1995 by being more responsible, and she stated that Finley helps her and her

husband around the house. Renea stated further that Finley is involved in the community

and that he helps three families with everyday tasks, such as buying groceries and

transportation to doctor visits. Renea stated that she did not think Finley would reoffend

or commit another crime.

Union County Circuit Clerk Cherry Govan testified next. Ms. Govan stated that the

circuit clerk’s office is not responsible for keeping records of payments of fines, fees, and

court costs in criminal proceedings. Accordingly, she had no knowledge of whether Finley

had paid any fines, fees, or court costs. She stated that such information would be held at

the sheriff’s office, the district court, or the prosecuting attorney’s office. Ms. Govan further

stated that a petitioner seeking to seal convictions could show payment of all fines, fees, and

court costs by going to those three offices and receiving a “signature page” on which those

offices sign off on whether a petitioner has a remaining balance on his or her fines, fees, and

court costs.

7
Deputy Charlie Phillips of the Union County Sheriff’s Office was the last witness to

testify. Deputy Phillips stated that his office collects and records fines, court costs, and fees

assessed in criminal proceedings. Deputy Phillips stated that his office had no record that

Finley owed any fines, court costs, or fees. Deputy Finley also testified that his office “didn’t

even collect the fines back [in 1995].”

At the conclusion of the hearing, the trial court announced from the bench that it

was denying both of Finley’s petitions to seal his felony convictions in cases 208 and 317.

The trial court made these specific findings:

Here is where we are. Mr. Finley presented to the Court two petitions to seal
in Case 95-208, 95-317. You testified about how you changed your life and turned
your life around. And I want to congratulate you on that. You have done an excellent
job. I am really proud of you for doing that.

Your attorney laid out that the standard of proof in this case is a clear-and-
convincing standard. That is higher than a preponderance of the evidence, not quite
the criminal standard we have of beyond a reasonable doubt. And right now, I don’t
have proof of that on two grounds. Number one, his payment of costs and fees. The
plea agreement you laid out indicated that there were court costs and fees due and
payable. And there is no proof that those were paid. And so that doesn’t meet that
burden. The second is that you indicated you had parole, and completing the
conditions of that parole if that was successfully done. So that is really something
that, quite honestly, your counsel didn’t get developed well enough for the Court
today. So, on those bases the burden of proof is not met.

Secondarily, and I invite appeal of this issue, because I have looked. There are
no appellate cases interpreting this subsection,[4] but as I read it, the petitioner,
meaning you, can have no more than one prior felony conviction to be sealed. So, it
is just one that can be [sealed]. And you have two prior. And because of the second
one, neither of them can be sealed. So unfortunately, at this time I am denying both
petitions in your case.

4
The subsection of the CCRSA referenced by the trial court here is Ark. Code Ann.
§ 16-90-1406(c), which will be discussed in our analysis of Finley’s points on appeal.

8
On April 14, 2023, the trial court entered an order denying Finley’s motion to seal

in case 317, and on April 20, 2023, the trial court entered an order denying Finley’s motion

to seal in case 208. These orders were identical and contained these findings:

Came to be heard on the 11th day of April 2023, was a Petition to Seal a prior
felony conviction entered herein against Defendant. Defendant appeared in person
and with counsel. The State appeared through the Prosecuting Attorney’s Office.
Upon the conclusion of said hearing and upon the testimony received, exhibits
entered, arguments of counsel and the record as a whole, the Court orally, from the
bench, announced its findings and conclusions in denying the petition. The oral
rulings are incorporated by reference and adopted herein.

The Court finds that the Defendant failed to sustain his burden of proof by
clear and convincing evidence. Therefore, the Court concludes that that the Petition
is thus denied.

IT IS THEREFORE ORDERED That the petition to seal is hereby denied.

This appeal followed.

II. Legal Framework

The CCRSA, which was enacted by the General Assembly in 2013, created a uniform

procedure for sealing a person’s criminal record and detailed the circumstances in which

individuals were eligible to have their records sealed. See Bolin v. State, 2015 Ark. 149, 459

S.W.3d 788. To seal a felony conviction under the provisions in the CCRSA, there is a two-

step process. First, a petitioner must establish under Ark. Code Ann. § 16-90-1406 (Supp.

2021) that he is eligible to have his felony conviction sealed. If the petitioner establishes

eligibility for sealing, he must then prove under Ark. Code Ann. § 16-90-1415 (Repl. 2016)

9
that he is entitled to relief. The following provisions of the CCRSA are relevant to this

appeal.

Arkansas Code Annotated section 16-90-1406 outlines the felony conviction that are

eligible for sealing. Subdivision (a)(1) provides in pertinent part, “[R]egardless of when the

felony occurred, a person may petition a court to seal a record of a conviction immediately

after the completion of the person’s sentence for a nonviolent Class C felony or nonviolent

Class D felony.” Subdivision (c)(1) provides:

(A) The petitioner can have no more than one (1) previous felony conviction.

(B) For the sole purpose of calculating the number of previous felony convictions
under this section, all felony offenses that were committed as part of the same
criminal episode and for which the person was convicted are a single conviction.

Therefore, in order to be eligible to have a conviction sealed under section 16-90-1406, the

petitioner must have completed his sentence, and the petitioner can have no more than one

previous felony conviction.

Arkansas Code Annotated section 16-90-1413 (Supp. 2021) prescribes the procedure

for sealing records. The pertinent provisions of this statute provide:

(a)(1) A person who is eligible to have a record sealed under this subchapter may
file a uniform petition in the circuit court or district court in the county where the
offense was committed and in which the person was convicted for the offense he or
she is now petitioning to have sealed.

....

(b)(1)(A) A copy of the uniform petition shall be served upon the prosecuting
attorney for the county in which the uniform petition is filed and upon the arresting
agency, if the arresting agency is a named party, within three (3) days of the filing of
the uniform petition.

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(B) It is not necessary to make the arresting agency a party to the action.

....

(3)(A) The prosecuting attorney may file a notice of opposition with the court for
a uniform petition seeking to seal a record of an eligible felony conviction setting
forth reasons for the opposition to the sealing within thirty (30) days after receipt of
the uniform petition or after the uniform petition is filed, whichever is the later date.

(B) If the prosecuting attorney files a notice of opposition with the court, the court
may set the matter for a hearing.

(C) The court may grant the uniform petition only after the hearing described in
subdivision (b)(3)(B) of this section has been conducted.

(c)(1) The court may grant or deny a uniform petition at any time after the thirty-
day period described in subdivision (b)(3)(A) of this section has expired.

Once eligibility is established, Arkansas Code Annotated section 16-90-1415 sets

forth the burden of proof for sealing a felony conviction and the standard of review.

Subdivision (b) provides:

(1) A uniform petition filed under § 16-90-1406 may be granted if the court finds
by clear and convincing evidence that doing so would further the interests of justice,
considering the following factors:

(A) Whether the person appears likely to reoffend;

(B) The person’s other criminal history;

(C) The existence of any pending charges or criminal investigations
involving the person;

(D) Input from the victim of the offense for which the person was convicted, if
applicable; and

(E) Any other information provided by the state that would cause a reasonable
person to consider the person a further threat to society.

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(2) The factors listed in subdivision (b)(1) of this section are not exclusive.

Subdivision (f)(1) provides that an appeal of the grant or denial of a petition to seal may be

taken by either party, and subdivision (f)(3) provides that in an appeal from the circuit court,

the appellate court shall review the case using an abuse-of-discretion standard. The supreme

court has held that an abuse of discretion is a high threshold that does not simply require

error in the circuit court’s decision but requires that the court acted improvidently,

thoughtlessly, or without due consideration. Beard v. State, 2020 Ark. 62, 594 S.W.3d 29.

III. Analysis

On appeal from the trial court’s orders denying his petitions to seal his felony

convictions, Finley makes three arguments. First, he argues that the trial court erred in

denying his motion to strike the prosecutor’s written objections to the petitions because the

prosecutor’s objections were filed outside the statutory thirty-day response time. Next, Finley

argues that the trial court erred in finding that he failed to meet his burden of proof in

showing that the sealing of his records would further the interests of justice. Finally, Finley

argues that the trial court erred in finding that because Finley had two prior felony

convictions, neither could be sealed.

We first address Finley’s argument that the trial court erred in denying his motion to

strike the prosecutor’s written objections to the petitions because the prosecutor’s objections

were filed outside the statutory thirty-day response time. Finley filed and served on the

prosecutor both of his petitions to seal on January 11, 2023. The prosecutor filed written

12
objections to each petition seventy-eight days later on March 30, 2023, generally denying the

allegations in Finley’s petitions and demanding that he provide proof of his allegations at

the hearing. The next day, Finley filed separate motions to strike the prosecutor’s objections

on the basis that they were filed outside the thirty-day time limit prescribed by Ark. Code

Ann. § 16-90-1413(b)(3)(A), which provides:

The prosecuting attorney may file a notice of opposition with the court for a uniform
petition seeking to seal a record of an eligible felony conviction setting forth reasons
for the opposition to the sealing within thirty (30) days after receipt of the uniform
petition or after the uniform petition is filed, whichever is the later date.

The trial court denied Finlay’s motions to strike at the hearing, and Finley argues on appeal

that this was erroneous due to the untimeliness of the prosecutor’s written objections. We

need not decide this issue because it is patently clear that the trial court’s refusal to strike the

prosecutor’s written objections resulted in no prejudice to Finley.

We have held that, although the prosecutor may file a notice of opposition to a

petition to seal, the prosecutor’s failure to so does not require the trial court to grant the

petition. See Talley v. State, 2020 Ark. App. 461, 610 S.W.3d 164. And Finley did not make

any such argument below, nor does he make that argument on appeal. In Finley’s motions

to strike, he specifically stated that he does not demand that the trial court grant his petitions

based on the prosecutor’s failure to timely file an objection to his petitions, and Finley stated

further that he did not contend that the prosecutor could not object at the hearing. While the

prosecutor’s written objections generally denied that Finley’s felony convictions should be

sealed, the trial court afforded Finley a full hearing on the matter wherein the prosecutor

13
appeared and made numerous specific objections with respect to Finley’s petitions. Even

had the trial court granted Finley’s motions to strike, this would not have changed the

outcome of the proceedings because at the hearing, the prosecutor objected to Finley’s

petition as Finley had expressly agreed the prosecutor could do.

We do not reverse for an alleged error absent a showing of prejudice. Goldsmith v.

State, 301 Ark. 107, 782 S.W.2d 361 (1990). We need not decide whether the trial court

erred in denying Finley’s motions to strike because, even assuming arguendo that this was

erroneous, Finley has not demonstrated prejudice.

We now turn to Finley’s remaining two arguments, which are that the trial court erred

in finding that he failed to meet his burden of proof in showing that the sealing of his records

would further the interests of justice, and also that the trial court erred in finding that

because Finley had failed to complete his sentencing and had two prior felony convictions,

neither of the convictions could be sealed. We address these arguments together because

the arguments overlap. Our analysis of these arguments is focused first on whether Finley

established eligibility to have his convictions sealed under the requirements of Ark. Code

Ann. § 16-90-1406 and, if he did establish eligibility for sealing, whether he is entitled to

relief under Ark. Code Ann. § 16-90-1415.

As explained above, the decision to seal a criminal conviction is a two-step process.

First, the petitioner must prove his convictions are eligible for sealing. Arkansas Code

Annotated § 16-90-1406 requires that the petitioner must have completed his sentence and

that the petitioner can have no more than one previous felony conviction. Then, assuming

14
the convictions are eligible for sealing, pursuant to Ark. Code Ann. § 16-90-1415, the

petition may be granted if the court finds by clear and convincing evidence that doing so

would further the interests of justice.

In 1995, Finley was involved in two criminal episodes: case 208 and case 317. In case

208, on March 17, 1995, Finley was arrested for two felony drug offenses. In case 317, on

May 27, 1995, Finley was arrested for three felony drug offenses. On October 11, 1995, a

combined judgment and commitment order was entered for all five of these convictions.

Arkansas Code Annotated § 16-90-1406(c)(1)(B) provides, “For the sole purpose of

calculating the number of previous felony convictions under this section, all felony offenses

that were committed as part of the same criminal episode and for which the person was

convicted are a single conviction.” Therefore, for the purpose of sealing convictions under

the CCRSA, the three convictions in case 208 are deemed one conviction, and the two

convictions in case 317 are deemed one conviction. Of importance here, the combined

judgment did not order Finley to pay any fines or costs, and in the space for court costs is

the handwritten notation, “WAIVED/INDIGENT.”

Finley petitioned the trial court to seal two convictions: the conviction in case 208

and the conviction in case 317. In reviewing the petition to seal the conviction in case 208,

we note that Finley did not have any prior convictions; therefore, the conviction in case 208

would be eligible for sealing if Finley completed his sentence. In reviewing the petition to

seal the conviction in case 317, we note that Finley had one prior conviction (case 208);

therefore, the conviction in case 317 would be eligible for sealing if Finley completed his

15
sentence because subdivision (c)(1)(A) allows a conviction to be sealed if the petitioner has

no more than one previous felony conviction. In reviewing the conviction in case 317, Finley

had only one prior conviction and, therefore, would be eligible for sealing under subdivision

(c)(1)(A). As such, we hold that—if Finley completed his respective sentences—the conviction

in case 208 would be eligible for sealing and the conviction in case 317 would be eligible for

sealing.

We next turn to whether Finley completed his sentences in case 208 and case 317.

The trial court found that Finley did not complete his sentencing because he failed to prove

by clear and convincing evidence that he paid the fines and costs associated with the

sentencing. We disagree. Finley testified that neither conviction in case 208 or case 317

required him to pay fines or costs. Further, in reading the combined sentencing order, we

note that the sentencing order does not order Finley to pay either fines or costs and states

clearly on the face of the order in the space for court costs, “WAIVED/INDIGENT.”

Accordingly, we hold that the trial court erred in finding that Finley did not prove that he

completed his sentences as required by § 16-90-1406(a)(1).

In its brief, the State seizes on the fact that Ark. Code Ann. § 16-93-104(a)(1) (1987),

which was the effective version of that statute when Finley was convicted of the felonies,

provides, “Any offender . . . on parole from a facility of the Department of Correction who

remains under the supervision of the Department of Correction shall pay to the department

a fee as determined by the Board of Correction.” Subdivision (c) of that statute provides

that a parolee may be imprisoned for a violation of parole if the offender is financially able

16
to make the payments and if they are not made. Notwithstanding these provisions, there is

nothing in the record to show that Finley was actually ordered to pay parole-supervision fees

in compliance with the statute nor was there any evidence that Finley’s parole was ever

revoked for nonpayment of any fees. Finley testified that he had not been ordered to pay

supervision fees, and the State presented no contrary evidence showing that any portion of

Finley’s sentence remained unfulfilled. Thus, the State’s argument that Finley failed to prove

payment of parole-supervision fees as a requirement of his parole is without merit.

For the reasons explained above, we conclude that Finley established that his

conviction in case 208 and his conviction in case 317 are eligible for sealing under Ark. Code

Ann. § 16-90-1406.

However, eligibility for sealing does not complete our analysis. Once we have

determined that the convictions in case 208 and case 317 are eligible for sealing, we then

turn to whether Finley satisfied the requirements in Ark. Code Ann. § 16-90-1415(b), which

provides:

(1) A uniform petition filed under § 16-90-1406 may be granted if the court finds
by clear and convincing evidence that doing so would further the interests of justice,
considering the following factors:

(A) Whether the person appears likely to reoffend;

(B) The person’s other criminal history;

(C) The existence of any pending charges or criminal investigations involving the
person;

(D) Input from the victim of the offense for which the person was convicted, if
applicable; and

17
(E) Any other information provided by the state that would cause a reasonable
person to consider the person a further threat to society.

(2) The factors listed in subdivision (b)(1) of this section are not exclusive.

Because the trial court incorrectly determined that Finley’s convictions in case 208

and case 317 were not eligible for sealing, the trial court did not take the second step and

evaluate whether in the interests of justice the convictions should be sealed. The court stated

in pertinent part:

Here is where we are. Mr. Finley presented to the Court two petitions to seal in Case
95-208, 95-317. You testified about how you changed your life and turned your life
around. And I want to congratulate you on that. You have done an excellent job. I
am really proud of you for doing that.

While the trial court congratulated Finley on doing an excellent job turning his life around,

the trial court did not make a determination of whether in “the interests of justice” the

convictions should be sealed as required by § 16-90-1415(b)(1). Therefore, we reverse the

order of the trial court and remand for the trial court to determine whether, under

subdivision 16-90-1415(b), Finley’s convictions in case 208 and case 317 should by clear and

convincing evidence be sealed.

IV. Conclusion

In conclusion, we hold that the trial court erred in denying Finley’s petitions to seal

his felony convictions on the basis that he failed to prove eligibility for sealing under Ark.

Code Ann. § 16-90-1406. Because of the trial court’s error in finding that Finley’s felonies

were not eligible for sealing, the trial court did not make any findings below on whether, in

18
light of the evidence presented by Finley at the hearing, he met his burden by clear and

convincing evidence in the second step of the process under Ark. Code Ann. § 16-90-

1415(b)(1) of showing that the sealing of his record would further the interests of justice.

Accordingly, we reverse and remand with instructions to the trial court to consider Finley’s

petitions under the factors listed in section 16-90-1415(b) and to determine whether Finley’s

convictions in case 208 and case 317 should be sealed.

Reversed and remanded.

ABRAMSON and VIRDEN, JJ., agree.

Center for AR Legal Services, by: Riley Cauley and Helen Newberry, for appellant.

Tim Griffin, Att’y Gen., by: Walker K. Hawkins, Ass’t Att’y Gen., for appellee.

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