Video Guides

Learn about common legal topics in Arkansas through educational videos and written guides.

The videos and written guides on this page are for general educational purposes.
These videos and guides are designed to help Arkansans understand common legal topics. It is not legal advice and does not create an attorney–client relationship. Laws change, and every situation is different. If you have questions about your own case or need legal help, contact Legal Aid of Arkansas, or another qualified attorney.

Record Sealing

Watch the video above, then explore the written guide below for a clear overview of record sealing in Arkansas. Each section matches a part of the video and includes key details and next steps.

Part 1: Understanding Criminal Records and Record Sealing

When we talk about sealing a criminal record, it helps to first understand what a criminal record actually is. Most people hear that phrase and picture one single file with all your information. In reality, your record is made up of several parts that live in different places. Some of those parts can stay around even if your case was dismissed or never made it to court.

What Makes Up a Criminal Record

Your criminal record usually includes:

The arrest — when and where it happened
The charges — what you were accused of
The outcome — what happened next, such as probation, dismissal, or conviction

Even if you were arrested but never convicted, that arrest can still appear on your record, which surprises a lot of people.

And it’s not just one office that keeps those records. In Arkansas, several different agencies have their own copies:

The Arkansas Crime Information Center (ACIC) keeps the state’s main criminal history database
The court where your case was handled keeps a case file
The police department that made the arrest has internal records
The prosecutor’s office keeps its own file
Private background check companies often collect public information online and store it in their own databases

Because all these records are separate, cleaning them up or “sealing” them can take a few steps.

What It Isn’t: Expungement vs. Record Sealing

A lot of people use the words expungement and record sealing like they mean the same thing, but under Arkansas law, they don’t.

In some states, expungement means the record is permanently destroyed. Arkansas law uses the term record sealing, which means the record is hidden from public view, not erased.

When your record is sealed:

It’s no longer visible to the public
Prosecutors, law enforcement, and ACIC can still access it
The record is marked “not for public view”

So, the record still exists, but it’s no longer available for the public to see.

What Sealing Does for You

When a court signs the order to seal your record, the law says something powerful:

“The person’s underlying conduct shall be deemed, as a matter of law, never to have occurred.”

That means you can legally say the event never happened.
For example, if a job application asks whether you’ve ever been convicted of a crime, you can truthfully answer “no” once your record is sealed.

That can make a real difference when you’re trying to move forward. Many employers and landlords treat sealed cases as resolved and will give people another chance.

Why Sealing Still Matters

You might wonder, if law enforcement can still see it, what’s the point?
Here’s why it still matters:

Most employers and landlords only see public records, not sealed ones
It gives you peace of mind knowing your record isn’t following you everywhere
You can honestly say you were not convicted

It’s also important to know what sealing does not do:

It doesn’t restore gun rights
It doesn’t end probation or parole
It doesn’t remove someone from the sex offender registry
It doesn’t automatically restore voting rights

Many people can already vote again once they’ve finished their sentence and probation, even without sealing.

What About Background Checks?

Once your record is sealed, it shouldn’t show up in standard background checks that use state or court databases.
The ACIC record will note that the case is sealed, but that information is private. Only you or law enforcement can see it.

Private background check websites sometimes keep old data they’ve collected online. If that happens, you can contact those companies to ask them to update or remove it. It can take some time, but it’s worth doing.

In Short

Record sealing doesn’t erase your past. It closes the public door on it.
You’ll still be able to apply for jobs, rent housing, and truthfully say you have no criminal record.

Part 2: Gathering the Right Documents Before You Apply

Before you start the process of sealing a record, the first and most important step is gathering the right documents. These papers help you confirm what’s actually on your record and what the state says about your history.

The main documents you’ll need are:

Your criminal history report from the Arkansas Crime Information Center (ACIC)
The original charging document (sometimes called an “information” or “citation”)
Your sentencing order showing what the court decided
Proof that all fines or fees have been paid — often called a Satisfaction of Judgment

Having these on hand gives you a full picture of your case and makes it much easier to fill out the petition later.

1. Requesting Your ACIC Criminal History

You can request your criminal history directly from the Arkansas Crime Information Center.
There’s a simple form on their website called a Criminal History Record Check Request. You fill it out, have it notarized, and mail it in. Then ACIC will send you a copy of what they show as your criminal history.

It may look a little confusing at first — almost like an old report printed on carbon paper — but it’s one of the most important documents you’ll use.

Each arrest is listed separately, along with:

The arrest date
The arresting agency
The charges
The case number or tracking number

This information helps you match each arrest to the right court file or sentencing order.

Keep in mind, ACIC depends on local agencies to report updates. Sometimes a court or police department may forget to send in the final outcome, so your report could show an arrest without saying what happened afterward. That doesn’t necessarily mean the information is wrong — it just means more research is needed.

2. Reviewing the Report

Each entry in your ACIC report lists an Arrest Tracking Number (ATN), which connects that arrest to any court records. It’s a good idea to write that number down for every case you want sealed.

You’ll also see abbreviations next to the charges. For example:

“MA” means Misdemeanor A
“FC” means Felony C

If the report only lists the arrest and not the final outcome, you’ll need to contact the court to find out what happened. Ask if there’s a case file, what the charge was reduced to, and whether a sentencing order was entered.

3. Understanding Sentencing Orders

A sentencing order is the document that officially shows how your case ended. It lists what you were convicted of, your sentence, and whether you were placed on probation or received a dismissal.

Older cases can be tricky to find because they might not be available online. In those situations, call the circuit clerk’s office in the county where the case was handled. They can often mail or email you a copy.

The sentencing order is the controlling document. It’s what the court and ACIC rely on to confirm how your case was resolved. If anything on your ACIC report doesn’t match what’s on your sentencing order, the sentencing order takes priority.

When reviewing, also look for any handwritten notes at the bottom or along the sides. Judges sometimes add extra instructions there, such as community service hours or restitution that needs to be completed before a record can be sealed.

4. Proof of Payment

Before you can seal a record, all fines, court costs, and restitution have to be paid in full.
In many counties, the sheriff’s office collects fines and can give you a receipt or letter showing a zero balance. Bring that to the clerk’s office and ask for it to be filed as a Satisfaction of Judgment so the court record officially reflects that you’ve paid everything owed.

5. Putting It All Together

Once you have:

Your ACIC criminal history report
The charging document
The sentencing order
Proof that fines are paid

you’re ready to check if your case qualifies for sealing.

The next step is understanding which law applies to your situation, because Arkansas has several record-sealing laws, each with its own rules.

Part 3: Understanding Eligibility & Which Law Applies to You

Once you’ve gathered your paperwork, the next step is to figure out which law lets you seal your record.
Arkansas has several laws that cover different situations. Each one has its own requirements, so it helps to know which category your case fits into.

The main ones are:

Act 346 – The First Offender Act
The Comprehensive Criminal Record Sealing Act of 2013 (CCRSA)
The Community Punishment Act (Act 531)
Specialty Court Programs, such as Drug Court or Veterans Court

Let’s look at what each one means.

1. Act 346 – The First Offender Act

This is one of the most powerful tools for clearing a record in Arkansas.
It’s designed for people who pled guilty to their first offense and were sentenced under Act 346 by the judge.

To qualify:

You must have been sentenced under Act 346 at the time of your conviction (it should be noted on your sentencing order).
You can only use this law once in your lifetime.
You must have successfully completed probation without being revoked.
You must not have been convicted of certain serious or violent crimes.

When you meet these conditions, Act 346 works like a dismissal.
Once your probation ends, the judge can seal your record right away — there’s no waiting period.
While you’re still on probation you’re technically considered a felon, but once it’s completed, your record is dismissed and sealed at the same time.

Why Act 346 matters:
This is the only sealing law that can restore your gun rights automatically because it treats the case as dismissed rather than convicted. It also allows you to honestly say you have not been found guilty of a crime.

A few practical notes:

Some prosecutors automatically sign off on these petitions, but others may take longer.
If the prosecutor objects, the judge can still grant the order once the requirements are met.
Even if your case happened years ago, you can still file for sealing. There’s no deadline.

2. The Comprehensive Criminal Record Sealing Act (CCRSA)

If your case doesn’t qualify under Act 346, this is the next most common option.
The CCRSA covers both misdemeanors and felonies that aren’t excluded by law.

Misdemeanors

You can usually seal a misdemeanor after you’ve completed your sentence and paid all fines and restitution.
There’s no limit on how many misdemeanors you can seal, but some types require a waiting period first.
These include offenses such as negligent homicide, battery, domestic battery, sexual assault in the fourth degree, indecent exposure, public sexual indecency, and driving while intoxicated.

For these, you have to wait a few years after finishing your sentence before you can apply.

Felonies

Felonies are split into categories:

Class C or D felonies (and unclassified felonies) can generally be sealed.
Class A or B felonies can only be sealed if they were drug offenses.
You can seal up to two felony convictions in total.
If you were charged with multiple crimes in one incident, they count as one criminal episode, which can all be sealed together.

Before sealing, you must have completed your sentence and any probation or parole.
There’s no waiting period for non-violent offenses, but you must wait five years after finishing your sentence for violent ones.

Felonies that cannot be sealed include:

Class Y felonies
Class A or B felonies that aren’t drug-related
Felony sex offenses
Felony traffic offenses by commercial drivers
Any felony involving violence

3. Arrests, Dismissals, and Acquittals

Even if you were never convicted, you can still seal an arrest record.
Here’s how it works:

If you were arrested but never charged, you can seal it one year after the arrest.
If your case was dismissed or marked “nolle prosequi” (meaning dropped by the prosecutor), you can seal it immediately once the order is entered.
If you were acquitted (found not guilty), you can also seal it right away unless the case involved a mental disease or defect finding.

This is helpful for people who were cleared of charges but still see the arrest appear on background checks.

4. Specialty Court Programs

If you went through a specialty court, such as Drug Court or Veterans Court, those programs usually help with record sealing once you graduate.
The court often handles sealing your case automatically as part of your re-entry process, but it’s always good to double-check that the paperwork was actually filed.

5. Juvenile Records

Juvenile records are treated separately.
If a judge ordered your record to be sealed when you turned 18 but the court never followed through, you can contact the clerk’s office to make sure it’s done.
Clerks are legally required to remove those files from public view and replace them with a blank docket sheet showing that the record has been sealed.

6. Applying for Licenses or Professional Programs

If you’re applying for a professional license, medical or law school, or another state-regulated program, you’ll likely still need to disclose that a record exists — even if it’s sealed.
Agencies that handle licensing for jobs involving public trust, such as nursing or teaching, are allowed to view sealed records.

That doesn’t mean you’ll be denied. It just means they’ll see the case, and you can explain it.
If you’re unsure, it’s safer to disclose that the record was sealed and note the date it was closed by the court.

7. What Happens After Sealing

Once the judge signs the order, the court clerk removes the case from public access.
If you search your name online or through the court’s website, that case should no longer appear.
On an ACIC report, you’ll still see the case number with a note that says “Sealed – Not for Public View.”

That’s how you’ll know the process worked.

Part 4: What to Do After Your Record Is Sealed

Once your record has been sealed, there are a few things you should do to protect that order and make sure it’s recognized everywhere it needs to be.

1. Keep Your Paperwork Safe

When the judge signs your order to seal, ask for a certified copy from the clerk’s office.
This is the official document showing your record has been sealed.
Keep it in a safe place, like with your birth certificate or social security card.
If you ever need to prove that your case was sealed — for example, if an employer questions a background check — this is the document you’ll show.

2. Update Background Check Companies

Private background check websites sometimes hang on to old data even after your record has been sealed.
There’s a nonprofit group called the Foundation for Continuing Justice that can help with this.
They work with major background check companies and send them updates to remove outdated or sealed information.

You can send them a copy of your sealing order, and they’ll distribute it to their list of participating companies.
It’s not instant, but it can help clear up any records still showing up online.

3. Double-Check Your ACIC Report

A few months after your record is sealed, it’s a good idea to request your ACIC report again.
This lets you confirm that the record now shows as “sealed” and that there aren’t any mistakes.

If something looks wrong, contact the court clerk or ACIC for clarification. Sometimes there’s a short delay while updates are processed between agencies.

4. Remember What Sealing Does and Doesn’t Do

It’s important to remember that sealing your record does not:

Restore your right to own or carry firearms (except in Act 346 cases)
End probation or parole early
Remove you from the sex offender registry
Automatically fix federal or immigration issues

However, it does mean that, under Arkansas law, your past conduct is considered not to have happened. You can truthfully say that you have not been convicted of a crime when applying for jobs, housing, or most licenses.

5. If You’re Not Eligible to Seal, Consider a Pardon

If your record can’t be sealed under Arkansas law, you might still be able to apply for a pardon through the governor’s office.
A pardon doesn’t erase the record, but it can restore some civil rights and may improve employment opportunities.
If this applies to you, talk with a legal aid attorney or visit the Arkansas Board of Pardons and Paroles website for more information.

6. Volunteering and Community Support

Joshua ended the session by reminding participants that Legal Aid of Arkansas, the Center for Arkansas Legal Services, and Arkansas Access to Justice regularly host free clinics — sometimes called Super Saturday Events — where attorneys and volunteers help people prepare sealing petitions.

If you’re an attorney or law student and want to volunteer, these events are a great way to make a difference.
If you’re someone hoping to seal your record, attending one of these clinics can be the best way to get hands-on help and check your eligibility.

In Summary

Sealing a criminal record doesn’t erase the past, but it gives you something even more important — the chance to move forward without old mistakes defining you.

Once sealed, your record is hidden from public view, and by law, you can say that the conviction never occurred.
Keep your paperwork safe, check your record again after a few months, and follow up with background check companies if needed.

Presented by: Joshua Eide, Legal Aid of Arkansas

Video Overview

In this video, attorney Joshua Eide explains what it means to seal a criminal record in Arkansas, who may qualify, and the steps to take.
He also discusses common questions about background checks, job applications, and how to prepare petitions for record sealing.

Topics Covered

Understanding what a criminal record is
Difference between expungement and sealing
What record sealing does and does not do
How to gather court and ACIC records
Eligibility under Arkansas law
Petition process and what happens after sealing
Frequently asked questions from attorneys and volunteers

Record Sealing Forms

More Info

Guardianship

Watch the video above, then explore the written guide below for an overview of guardianships in Arkansas. Each section matches a part of the video and includes key details and next steps.

Part 1: What a Guardianship Is and When It’s Needed

A guardianship is a legal way for someone to help another person who can’t safely make important decisions on their own.
The court appoints a guardian to take care of the person’s well-being, manage their property, or both. That person is called the ward.

Guardianships can be created for both children and adults, depending on the situation.

When a Guardianship May Be Needed

Guardianships are usually a last resort.
The law says they should only be used when there is no less-restrictive way to meet a person’s needs.

Here are some common reasons one might be needed:

For a minor: A child’s parents can’t care for them because of illness, military deployment, incarceration, or other serious reasons.
For an adult: A person has a disability, dementia, brain injury, or other condition that keeps them from making or communicating important decisions about their health, safety, or finances.
In emergencies: Someone needs immediate help making medical or financial decisions for another person who can’t do it themselves.

If a power of attorney, supported decision-making agreement, or other plan could meet the same need, the court prefers that option over a guardianship.

Who Can Be a Guardian

To become a guardian in Arkansas, you must:

Be at least 18 years old
Live in Arkansas
Be of sound mind
Not be a convicted felon unless you can show the judge the records from your case and the judge decides you are still eligible

If you have a felony on your record, the judge will look at certified copies of your sentencing order and decide whether to allow your petition to move forward.

Types of Guardianships

Minor Guardianship – for children under 18 who are not emancipated or married.
The guardian makes decisions about the child’s care, education, and health.
Adult Guardianship – for adults who are unable to care for themselves or manage their affairs because of a disability or medical condition.
The guardian can be appointed over:
- The person, meaning they make personal and medical decisions,
- The estate, meaning they handle finances and property, or
- Both the person and the estate.

Least Restrictive Option

Judges are required to choose the least restrictive option that still protects the individual.

That means if someone only needs help managing their money, the court might appoint a guardian of the estate but not of the person.
If the person can make most decisions with support, the judge might deny the guardianship and suggest a less formal arrangement instead.

Why Guardianships Matter

Guardianships can protect people who can’t protect themselves, but they also remove some of a person’s legal rights.
That’s why judges are careful about approving them.

The goal is to keep the person safe while still allowing as much independence as possible.

Part 2: How the Guardianship Process Works

Once you’ve determined that a guardianship might be necessary, the next step is to understand how the process works in Arkansas.
The process is detailed, but if you take it one step at a time, it becomes much easier to follow.

Step 1: Check the Basics

Before filing, make sure the person asking to become a guardian meets these requirements:

Age: Must be 18 or older
Residency: Must live in Arkansas
Sound mind: Must be able to handle the responsibilities of a guardian
Criminal record: If there’s a felony conviction, the judge will need to see certified copies of the old case before deciding if the petition can move forward

These checks protect the person who needs help and make sure the proposed guardian can be trusted with important responsibilities.

Step 2: Identify Who Needs the Guardianship

The person who may need a guardian is called the ward (or sometimes the proposed ward if the case is still pending).

There are two main categories:

Minor guardianship: for children under 18 who are not married or emancipated
Adult guardianship: for adults who can’t meet essential needs for their health, safety, or finances because of a disability or medical condition

If the person doesn’t meet either of these definitions, a guardianship may not be appropriate.
In that case, the judge might suggest other options like a power of attorney or supported decision-making agreement.

Step 3: Prepare and File the Petition

The next step is to file a petition for guardianship in the probate division of the circuit court in the county where the person lives.

The petition should include:

The name, address, and relationship of the petitioner
The name, age, and address of the proposed ward
The reason a guardianship is needed
Whether the request is for a guardian of the person, the estate, or both
A list of relatives who must receive notice about the case
Any consent forms from parents or family members (helpful but not required)

For adult guardianships, the petition must also include a Professional Evaluation Affidavit from a doctor, psychologist, or licensed social worker.
This document must be based on an exam done within the last six months and describe the person’s physical and mental abilities, medical condition, and the doctor’s opinion about whether a guardianship is needed.

Step 4: Give Proper Notice

Once the petition is filed, the law requires that certain people be notified of the hearing.
This step is called service of notice, and it must be done correctly.

Here are some general rules:

Notices must be sent or delivered at least 20 days before the hearing.
In minor guardianships, any child who is 15 or older must be personally served with a copy of the petition and a statement of their rights.
Parents, close relatives, and other interested parties must also receive notice.

Because every county does things a little differently, it’s smart to call the probate clerk or the judge’s trial court administrator before filing.
They can tell you what forms or procedures your local court prefers.

Step 5: The Hearing

After notice has been given, the court will schedule a hearing.
At the hearing, the judge reviews all of the documents, hears testimony if needed, and decides whether to approve the guardianship.

If the judge agrees that the guardianship is necessary and that all requirements have been met, they will sign an Order of Guardianship.

If the judge denies the petition, they’ll usually explain why. For example: missing paperwork, incomplete medical evaluations, or a finding that less restrictive options are available.

You can often fix the issue, correct the petition, and refile.

Step 6: Acceptance and Letters of Guardianship

If the guardianship is approved, the new guardian must sign an Acceptance of Appointment, promising to carry out their duties faithfully.
Then the clerk issues official Letters of Guardianship. This is a document that proves to others that the guardian has legal authority.

For example:

A school or daycare will need a copy for a minor guardianship.
A hospital or doctor’s office will need a copy for an adult guardianship.

These letters act like proof of authority and can be shown instead of the full court order.

Part 3: After the Hearing

Once the court approves the guardianship, the new guardian’s job officially begins.
At this stage, the court has given you important legal authority, but it also expects you to stay organized and keep the court informed.

1. The Order of Guardianship

After the hearing, the judge signs an Order of Guardianship.
This is the official ruling that establishes the guardianship and outlines what type it is, whether it’s over the person, the estate, or both.

Keep a copy of this order in a safe place. It’s the foundation for everything that follows.

2. Acceptance of Appointment

The next step is for the new guardian to sign an Acceptance of Appointment.
By signing, you’re promising to carry out your responsibilities honestly and in good faith.
You’ll then file that signed acceptance with the court clerk.

3. Letters of Guardianship

Once the order and acceptance are filed, the court clerk will issue Letters of Guardianship.
These letters serve as proof that the guardianship exists.

You’ll use them when you need to show authority to others, for example:

Giving a copy to your child’s school or daycare
Providing one to doctors, hospitals, or insurance companies
Showing it to banks or agencies that require proof of guardianship

You don’t have to show the full order every time; these letters are the official verification.

4. Bonds and Estates

If the guardianship includes control over the ward’s property or finances, the judge may require a bond.
A bond is like an insurance policy that protects the ward’s money or property in case the guardian misuses funds.

The court may set the bond amount based on the size of the estate.
Some judges waive the bond requirement if there isn’t any property involved or if all the income is from Social Security (since SSA already requires annual reports).
Always ask your judge or clerk whether a bond is required for your situation.

5. Annual Reports

Every guardian must file an Annual Report with the court.
This report updates the judge on how the ward is doing and confirms that the guardianship is still needed.

The form is short (usually no more than two pages) and asks questions such as:

Is the ward still living in the same place?
How is their health?
Are there any major changes in their situation?

You’ll file it each year around the anniversary date of when the guardianship was approved.
Even if nothing has changed, the report is still required. Failing to file it can cause problems or delays in future court actions.

6. Financial Reports (If Over the Estate)

If you were appointed guardian over someone’s estate, you may also have to file:

An Inventory listing their assets and property
An Accounting Report that shows how money was managed
Notices to anyone entitled to know how funds are used

Real property (like a house) doesn’t count as cash in the accounting since it’s not expected to pass through the guardian’s hands.
However, income, benefits, and bank accounts must be carefully tracked.

7. How Long the Guardianship Lasts

A guardianship stays in place until:

The ward turns 18 (in minor cases)
The adult ward regains capacity and the court ends it
The ward passes away
A replacement guardian (called a successor guardian) is appointed
The guardian resigns and the court approves the change

If a guardian wants to step down, the court must approve it first to ensure someone else can take over.

8. Staying in Touch with the Court

Some courts keep guardianship cases marked “open for review” year-round so they can accept annual reports easily.
Others close the case after the order and require a small fee to reopen it each year for filing.

If you’re unsure how your county handles this, ask the probate clerk. They can tell you exactly what your local judge prefers.

Part 4: New Law Changes and Common Questions

Guardianship law in Arkansas has changed over the past few years, especially around emergency cases and the rights of people under guardianship.
Below is a summary of what’s new and some common questions that come up for families and attorneys.

1. The Ward’s Bill of Rights

Arkansas recently updated the law to include a “Ward’s Bill of Rights.”
This section of the law makes it clear that people under guardianship still keep all legal rights unless a court specifically limits them.

Those rights include:

The right to communicate and visit with family and friends (unless limited by court order)
The right to have copies of court documents about their case
The right to attend hearings and speak for themselves
The right to be treated with respect and dignity

If someone has physical custody of the ward, that person must make reasonable efforts to bring the ward to court hearings or explain why they can’t attend.
Judges take this right seriously, especially in adult guardianships.

2. Emergency and Temporary Guardianships

In the past, emergency guardianships had to be heard within three days, which was often too short to notify everyone properly.
Now, the law gives 14 days to hold that hearing.

An emergency guardianship lets a judge quickly appoint a temporary guardian if someone’s health or safety is at risk and there’s no time for the full process.
After the emergency period, the case moves into a regular guardianship hearing if continued care is needed.

3. Minor Guardianships and Parental Rights

Recent Arkansas court decisions have clarified how parental consent affects guardianships over minors.

If a parent voluntarily consents to a guardianship, the court does not consider that parent “unfit.”
When that parent later asks to end the guardianship, they are presumed fit unless proven otherwise.
The guardian can still raise concerns about fitness, but they must present evidence that the parent is not currently able to care for the child.

The court cannot deny a parent’s request to end a guardianship simply because the guardian has provided a stable home. The court must first find the parent unfit before considering other factors.

This rule protects parents’ constitutional rights to raise their own children while balancing the child’s best interests.

4. Professional Evaluations in Adult Guardianships

For adult guardianships, the Professional Evaluation Affidavit is one of the most important documents in the case.
It must:

Be completed by a licensed doctor, psychologist, or social worker
Be based on an exam done within the last six months
Describe the person’s physical, mental, and adaptive abilities
Clearly state whether a guardianship is recommended and how broad it should be

If any of these details are missing, the judge can deny the petition or it can be overturned on appeal.
Always make sure the evaluation is complete before filing.

5. Bonds and Financial Oversight

When a guardian manages a ward’s money or property, the court may require a guardian’s bond.
The bond helps protect the ward’s assets if funds are mishandled.

Judges can sometimes waive the bond if:

The estate has little or no property
The ward only receives Social Security income
The funds are placed in an FDIC-insured account

Each county handles bonds differently, so it’s always best to confirm local procedures with the probate clerk.

6. Ending or Changing a Guardianship

A guardianship can end or be modified if:

The minor turns 18
The adult ward regains capacity
The guardian resigns and the court approves a successor
The court finds that the guardianship is no longer necessary

If a guardian wants to step down, they must stay in the role until the court approves a replacement or finds another arrangement.

7. Common Questions

Q: What if there’s no family member who can serve as guardian?
A: The court can appoint a public guardian, often through Disability Rights Arkansas or other approved organizations. Some law firms and nonprofit groups also serve as guardians when needed.

Q: How fast can an emergency guardianship happen?
A: It can happen very quickly — sometimes within a few days — if there’s an immediate risk to the person’s health or safety. The judge must hold a follow-up hearing within 14 days.

Q: What if one parent agrees to a guardianship and the other doesn’t?
A: The case will move forward, but the parent who doesn’t agree has the right to appear in court and state their objections. Judges look carefully at each family’s situation before deciding.

Q: What if the guardian and ward no longer get along?
A: The guardian can ask the court to step down and request a replacement. The court must ensure someone else is ready to take over before approving the change.

Q: Where can I find guardianship forms?
A: You can download the most current forms from the Arkansas Judiciary website at arcourts.gov, or visit arlegalservices.org/guardianship-scroll for flowcharts, forms, and a 20-minute walkthrough video.

8. Final Thoughts

Guardianship can feel overwhelming at first, but it’s a process designed to protect vulnerable people while respecting their rights.
Whether you’re caring for a child, an adult with a disability, or an aging parent, there are clear steps and legal safeguards to help you do it correctly.

Presented by: Hannah Rowe, Legal Aid of Arkansas

Video Overview

In this video, attorney Hannah Rowe explains how guardianships work in Arkansas and when they may be needed for children or adults.
She walks through the step-by-step process for filing a guardianship, discusses what judges look for, and highlights recent updates to Arkansas law.
The session also includes real-world examples, case law updates, and answers to common questions from attorneys and families.

Topics Covered

What a guardianship is and when it’s needed
Who can serve as a guardian and how to qualify
The difference between minor and adult guardianships
Required forms, evaluations, and notice procedures
How hearings work and what happens afterward
Annual reports, bonds, and ongoing guardian duties
Recent law changes and the Ward’s Bill of Rights
Common issues families face and where to get help

Guardianship Forms

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