expungement denied, why?

[773rd]

What is the name of your state? AR

I had a felony conviction for possesion of marijuana in 1997 and was placed on probation, I could not afford my probation officer so was in turn arrested for violation of my probation when involved in a car accident in 2000 and went to jail to do my time for 6mo in RPF in Texarkana AR, I am trying to get my record expunged and sent all the paperwork into the prosecutor who in turn sent a letter back to the judge and myself saiying I was not sentenced uder any statue that would allow for sealing of my record. I have been clean for almost 10 years and have not been in any other trouble, why can I not get this expunged? What are additional steps I can take to appeal this? Anything? I cant get a decent job to care for my family due to this. Please send advice. Thanks in advance.

 

[fairisfair]

Ark. Code Ann. 16-93-1207

Upon the successful completion of probation, the court may direct that defendants record be expunged of the offense of which defendant was convicted where:

Defendant was under age 26 at the time of the commission of the felony offense and had no more than 1 previous felony conviction, which felony was not:
(1) capital offense, (2) 1st-degree murder, (3) 2nd-degree murder, (4) 1st-degree rape, (5) kidnapping, or (6) aggravated robbery; or

defendant was over age 18 and does not have a previous conviction for delivering controlled substances to a minor; or
defendant has no prior felony convictions.


Do you meet the criteria for expungment in Arkansas?

 

[773rd]

Yes I was under age 26, and there were no previous convictions against me, this is why I am so confused at the prosecutors decision. Is the prosecutors word the final answer or is there a court date following this letter? there is nothing else in the letter except that I was not sentenced under any statue that would allow for sealing, I honeslty dont even know what that means. Is this the answer I have to accept?

 

[fairisfair]

maybe these people can help you

http://www.arkansaslegalservices.org/Home/PublicWeb/HotDocs/Criminal

 

[You Are Guilty]

Ark. Code Ann. 16-93-1207

[highlight]Upon the successful completion of probation[/highlight], the court may direct that defendants record be expunged of the offense of which defendant was convicted where:

Defendant was under age 26 at the time of the commission of the felony offense and had no more than 1 previous felony conviction, which felony was not:
(1) capital offense, (2) 1st-degree murder, (3) 2nd-degree murder, (4) 1st-degree rape, (5) kidnapping, or (6) aggravated robbery; or

defendant was over age 18 and does not have a previous conviction for delivering controlled substances to a minor; or
defendant has no prior felony convictions.

Do you meet the criteria for expungment in Arkansas?

I've highlighted what appears to be the problem:

had a felony conviction for possesion of marijuana in 1997 and was placed on probation, I could not afford my probation officer so was in turn [highlight]arrested for violation of my probation[/highlight] when involved in a car accident in 2000 and went to jail to do my time for 6mo in RPF in Texarkana AR

Just a guess though