Arkansas Misdemeanors

A misdemeanor is a criminal offense less serious than a felony, yet more serious than a mere infraction. Typically, misdemeanors expose a defendant to fines and short jail terms (ranging from days to months). Because each state defines and penalizes misdemeanors differently, this guide explains how Arkansas classifies these offenses.

What Is a Misdemeanor in Arkansas?

Arkansas law groups crimes into felonies, misdemeanors, and violations. A misdemeanor charge is defined as an offense punishable by less than one year of incarceration. By contrast, violations are lower-level offenses punishable only by a fine, while felonies carry state-prison exposure measured in years.

In Arkansas, common misdemeanor examples include third-degree assault, criminal trespass, public intoxication, or lower-level theft. The state also considers many first-offense impaired-driving cases as unclassified misdemeanors unless they are elevated by prior convictions or aggravators.

Misdemeanor Classes and Penalties in Arkansas

For misdemeanors, the Arkansas Code caps incarceration and penalties by class. The state uses Class A, B, and C (plus unclassified) categories, each with specific jail and fine limits, listed below:

• Class A: Attracts a penalty of up to one year in a county jail and a fine of up to $2,500.
• Class B: Carries a maximum jail time of 90 days and a fine of up to $1,000.
• Class C: Penalties include a 30-day maximum jail term and a fine of up to $500. Penalties for unclassified misdemeanors are set by the specific statute.

Judges may also order probation, community service, restitution, counseling, and license-related sanctions (especially in traffic-related and DUI/DWI matters). For DUI/DWI cases, additional administrative penalties (such as license suspensions) are administered by the Department of Finance and Administration.

Misdemeanor Court Process in Arkansas

In Arkansas, District Courts handle most misdemeanor prosecutions, traffic offenses, city ordinance violations, and similar matters. A typical sequence for a court process (misdemeanors) in Arkansas includes:

• Arrest or citation. An officer arrests an individual and issues a citation (often with a return date to District Court).
• Initial appearance/arraignment. The judge advises the defendant of the charge against them and their rights. At the arraignment, the defendant will be asked to enter a plea of guilty, no contest, or not guilty. A defendant is given a public defender or their own private counsel.
• Pre-trial & negotiation. A counsel may file motions and negotiate with the prosecutor for a dismissal, diversion, or a plea to a lesser offense.
• Trial. If no plea is reached, the case proceeds to trial, which may involve a jury (the availability of a jury depends on the charge and the forum).
• Sentencing. Upon conviction or plea, the court may impose a sentence within the statutory range upon the defendant. Misdemeanor confinement is served in county or local detention facilities.
• Appeal. A convicted defendant may appeal their case to the Circuit Court within 30 days of the judgment. In misdemeanor matters, this is typically a trial de novo (a fresh trial).

Misdemeanor Records in Major Arkansas Cities

Misdemeanor case filings are similar in the major counties in Arkansas. However, individuals are advised to file their misdemeanor matters with the District Court in their county, especially where the crime took place. Three major cities with high-volume cases include:

• Little Rock (Pulaski County). The Pulaski County District Court deals with misdemeanors in this area. Fines may be paid online through the court's payment system, in person at the courthouse, or via mail.
• Fayetteville (Washington County). Individuals may file and search for misdemeanor records at the Fayetteville District Court. If the defendant fails to appear in Court, they may be arrested and punished by serving one year in jail and paying a $1000.00 fine.
• Fort Smith (Sebastian County). The Sebastian County District Court for the Fort Smith District handles misdemeanors.

How to Search for Misdemeanor Records in Arkansas

Misdemeanor case files are available to the public upon request. However, certain parts of the record that contain sensitive information may be redacted. Record seekers may find the charge, statute, filings, events, disposition, and financial details (fines, fees, or restitution). Individuals must identify the proper court that tried the case. Then, they may proceed to:

• Use the statewide portal. Arkansas maintains a centralized public portal for many courts, though access and details may vary by court and county. Individuals may use the Case Search Portal provided by the Arkansas Judicial Branch to access court records, including misdemeanors. The portal allows them to look up parties, case numbers, court calendars, and docket entries for participating courts.
• Visit the Clerk’s office. They may contact the District Court clerk directly for in-person review or request certified copies by mail.
• Check criminal-related records. For criminal history, which includes misdemeanors, individuals may contact the Arkansas Crime Information Center (ACIC). The ACIC provides the public with procedures and timelines for processing sealing orders.
• Visit the Arkansas State Police (ASP): Individuals may contact the ASP or other sheriff’s office where the crime took place to perform criminal background checks.
• Third-party public record tools: Record seekers may order court records that include misdemeanors from private record aggregators. This process is fast, but users should be careful how they process the information; it is an unofficial source.

How Long Does a Misdemeanor Stay on Your Record in Arkansas?

In Arkansas, convictions for misdemeanors remain permanently on individuals’ records unless they obtain relief. Arkansas’s Comprehensive Criminal Record Sealing Act allows most misdemeanors to be sealed after completion of the sentence (with certain waiting periods for specified offenses). Individuals convicted of alcohol-related driving offenses (DWI) may wait for longer periods before they can file a petition to seal their case.

After the court grants a Uniform Order to Seal, the clerk circulates it to state repositories (including ACIC and the Administrative Office of the Courts). Sealed records are then removed from public view, though law enforcement and certain agencies may still access them.

Unless a case is sealed, a misdemeanor can remain visible to the public across all court dockets and background checks. Given the nuances (eligibility carve-outs, offense-specific waiting periods, fees, and paperwork routing), it is advisable for individuals to consult an attorney for additional information.