Bolin v. State

Summary

The Arkansas Court of Appeals held that the Comprehensive Criminal Record Sealing Act applied retroactively to Bolin’s misdemeanor convictions but not to his felony conviction. The court reversed and remanded for consideration of sealing the felony under the Community Punishment Act in effect at the relevant time and the misdemeanors under the applicable CCRSA provisions.

Holdings

1. The Comprehensive Criminal Record Sealing Act does not apply retroactively to Bolin's felony conviction because the legislature expressly authorized retroactive application for misdemeanors but included no comparable authorization for felonies.
2. Even if the Comprehensive Criminal Record Sealing Act is procedural or remedial, its procedural or remedial character cannot override the legislature's clearly expressed decision to make it retroactive for misdemeanors but not felonies.
3. Bolin's misdemeanor records are eligible for sealing under section 16-90-1405 if he satisfies that statute's requirements, and eligibility does not depend on a notation in the sentencing order that he was sentenced under the Community Punishment Act.

Questions Presented

1. Whether the Comprehensive Criminal Record Sealing Act applies retroactively to records of offenses committed before its effective date.
2. Whether the Comprehensive Criminal Record Sealing Act applies retroactively to Bolin's felony conviction.
3. Whether the Comprehensive Criminal Record Sealing Act applies retroactively to Bolin's misdemeanor convictions.
4. Whether Bolin's misdemeanor records may be sealed even though his sentencing order did not specifically state that he was sentenced under the Community Punishment Act.

Disposition

reversed_and_remanded