Arkansas criminal penalties are set by offense class: five felony classes (Y, A, B, C, D) carrying anywhere from no statutory minimum up to life in prison, and three misdemeanor classes (A, B, C) carrying up to one year, 90 days, or 30 days in jail. Fines run from $500 to $15,000 depending on the class, and a conviction can bring firearm bans, immigration consequences, and employment barriers that outlast the sentence itself.
Felony Classes and Prison Terms
Judges must sentence within the statutory range for the class of felony charged, unless an enhancement applies.
- Class Y felony: 10 to 40 years, or life. The most serious category, covering murder, rape, and aggravated robbery.
- Class A felony: 6 to 30 years. First-degree battery and certain drug trafficking offenses sit here.
- Class B felony: 5 to 20 years. Residential burglary and larger drug distribution charges.
- Class C felony: 3 to 10 years. Theft of property worth more than $5,000 but less than $25,000 is a typical example.1Justia. Arkansas Code 5-36-103 – Theft of Property
- Class D felony: Up to 6 years, with no statutory minimum. Second-degree forgery and various fraud offenses are common Class D charges.2Justia. Arkansas Code 5-4-401 – Sentence
Some felonies are unclassified. For those, the sentencing range comes from the specific statute defining the crime rather than the general class table. If a charging document doesn’t list a standard class, check the statute cited.
Misdemeanor Classes and Jail Terms
Misdemeanors carry shorter jail terms but still leave a criminal record.
- Class A misdemeanor: Up to 1 year in jail. Theft of property worth $1,000 or less, third-degree domestic battery, and resisting arrest.1Justia. Arkansas Code 5-36-103 – Theft of Property
- Class B misdemeanor: Up to 90 days. Public intoxication and harassment.
- Class C misdemeanor: Up to 30 days. Disorderly conduct and minor traffic offenses.2Justia. Arkansas Code 5-4-401 – Sentence
Classification alone doesn’t capture every consequence. A misdemeanor domestic violence conviction triggers a federal firearm ban under the Lautenberg Amendment regardless of the state class.3U.S. Marshals Service. Lautenberg Amendment
Fines and Restitution
Fines can be imposed alongside or instead of a jail sentence. The ceiling tracks the offense class.
- Class A or B felony: up to $15,000
- Class C or D felony: up to $10,000
- Class A misdemeanor: up to $2,500
- Class B misdemeanor: up to $1,000
- Class C misdemeanor: up to $5004Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Restitution is separate. A judge or jury determines the victim’s actual economic loss, and the defendant can be ordered to cover medical costs, therapy, property replacement, and lost income. For injuries caused by the offense, restitution is capped at $50,000.5Justia. Arkansas Code 5-4-205 – Restitution
Longer Sentences for Repeat Offenders
Prior felony convictions push the sentencing range higher. A defendant with more than one but fewer than four prior felonies faces an extended range. A Class B felony that normally tops out at 20 years, for example, becomes 5 to 30 years. Four or more priors raises the maximums further, and at the top end a Class Y felony can carry up to life.6Justia. Arkansas Code 5-4-501 – Habitual Offenders – Sentencing for Felony
The harshest enhancement targets repeat violent offenders. Someone convicted of a qualifying violent felony who has even one prior violent felony conviction faces a mandatory sentence of 40 to 80 years, or life. Qualifying offenses include capital murder, first-degree murder, kidnapping, rape, and aggravated robbery.6Justia. Arkansas Code 5-4-501 – Habitual Offenders – Sentencing for Felony
Probation Instead of Jail
A court can order probation in place of incarceration. The Arkansas Department of Community Correction supervises probationers, with conditions typically including regular check-ins, employment requirements, drug testing, and travel restrictions.
If the court finds by a preponderance of the evidence that you violated a condition without reasonable excuse, probation can be revoked. On revocation, the court can impose any sentence that was available for the original offense, minus credit for any jail time or fines already served. The court can also extend the probation period instead of revoking it outright.7Justia. Arkansas Code 16-93-308 – Probation Generally – Revocation
Specialized drug court and mental health court programs offer structured treatment and can lead to reduced charges or dismissal on successful completion.
When You Become Eligible for Release
Arkansas uses a transfer system for most inmates. The Post-Prison Transfer Board decides when someone moves from the Division of Correction to community supervision, and the minimum time served depends on where the offense falls on the state’s Seriousness Reference Table.8Justia. Arkansas Code 16-93-615 – Parole Eligibility Procedures – Offenses Committed After January 1, 1994
- Seriousness levels 1 through 6: eligible after one-third of the sentence, with good-time credit.
- Seriousness levels 7 through 10: eligible after one-half.
- 70-percent offenses: first-degree murder, kidnapping (Class Y), aggravated robbery, rape, trafficking of persons, and manufacturing or trafficking methamphetamine.
- 100-percent rule: a defendant convicted of a violent felony or felony sex offense who has a prior conviction in either category must serve the full sentence with no early release.
Once released to community supervision, you must comply with conditions that can include electronic monitoring, curfews, and regular reporting. Violations can send you back to prison.
Consequences That Outlast the Sentence
Some of the heaviest costs of a conviction land after the sentence is served.
Firearms
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition. Every Arkansas felony class except Class D carries a minimum above one year, and Class D carries a potential six-year sentence, so virtually any felony conviction triggers a lifetime federal firearm ban.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A misdemeanor domestic violence conviction brings the same federal ban.3U.S. Marshals Service. Lautenberg Amendment
Voting
Arkansas automatically restores voting rights once you fully discharge your sentence, including any probation, parole, or supervised release. You’ll need to re-register and present your discharge letter.10U.S. Courts. If I Am Convicted of a Felony in Federal Court, Can I Vote?
Employment and Licensing
A felony conviction narrows your options but doesn’t close every door. Most federal jobs remain open to applicants with records; agencies weigh the nature of the offense, how long ago it happened, and evidence of rehabilitation. Positions involving national security or firearms access have stricter bars.11USAJOBS Help Center. Can I Work for the Government if I Have a Criminal Record? Licensed professions such as healthcare, law, and education run background checks and may deny licensure based on specific convictions.
Immigration
If you are not a U.S. citizen, the immigration consequences of a conviction can be far more severe than the criminal sentence. Federal law defines a category called “aggravated felonies” that triggers mandatory deportation and bars nearly all forms of relief. Despite the label, some state misdemeanors can qualify as aggravated felonies under federal criteria. Talk to an immigration attorney before entering any plea.
Travel
A felony conviction can complicate international travel. Some countries deny entry to travelers with criminal records, a passport can be revoked depending on the offense, and trusted-traveler programs like TSA PreCheck and Global Entry can refuse enrollment based on criminal history.
Sealing an Arkansas Record
Many Arkansas convictions can be sealed under the Comprehensive Criminal Record Sealing Act of 2013. Sealing doesn’t erase the record, but it blocks public access, so employers, landlords, and most background-check services cannot see it.12Justia. Arkansas Code 16-90-1401 – Title
Most non-violent misdemeanors and felonies become eligible as soon as you complete your sentence and pay all fines, restitution, and court costs. Some offenses carry a wait:
- Five years: negligent homicide (Class A misdemeanor), third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault, and third-degree domestic battering.
- Ten years: misdemeanor DWI convictions.
Class Y felonies, sex offenses, and certain violent crimes are generally not eligible. There is no filing fee for the petition, which is filed with the court that handled the original conviction. Prosecutors can object, and the court weighs rehabilitation before granting a uniform sealing order.
Once sealed, the underlying conduct is treated as a matter of law as never having occurred, and you can legally say the conviction does not exist when asked by employers or on applications. Courts, law enforcement, and some licensing boards can still see the record, and it can still be used in future criminal proceedings, for habitual offender determinations, and for impeachment during cross-examination.13Justia. Arkansas Code 16-90-1417 – Effect of Sealing
If Federal Charges Are Also Possible
A single act can violate both Arkansas and federal law. Drug trafficking, bank robbery, and firearms offenses are common examples. Under the dual sovereignty doctrine, an Arkansas prosecution does not block a federal prosecution for the same conduct, and double jeopardy protection does not cross between the two sovereigns. A past Arkansas conviction can also be counted in federal sentencing if you later face a federal charge, and sealed state records may still be considered in some circumstances.