Arkansas Pardon and Parole Laws


Arkansas laws on pardon and parole can be found in chapter 93, subtitle 6, Title 16 of Arkansas code.  Pursuant to A.C.A. § 16-93-201, a Parole Board is created of seven members to be appointed from the state at large by the Governor and confirmed by the Senate.

Pursuant to A.C.A. § 16-93-207, at least 30 days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor must file with the Secretary of State a notice of his or her intention to grant the application.  The Governor must also direct the Department of Correction to send notice of his or her intention to the judge, the prosecuting attorney, and the sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim’s next of kin.

A.C.A. § 16-93-207 provides that if the Governor does not grant an application for pardon, commutation of sentence, or remission of fine or forfeiture within 240 days of the Governor’s receipt of the recommendation of the Parole Board regarding the application, the application is deemed denied by the Governor, and any pardon, commutation of sentence, or remission of fine or forfeiture granted after the 240 day period is null and void.  Except as provided above, if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied in writing by the Governor, the person filing the application is not eligible to file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense for a period of 4 years from the date of filing of the application that was denied.

A.C.A. § 16-93-207 provides that if an application for pardon, commutation of sentence, or remission of fine or forfeiture is denied by the Governor, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense.  The Parole Board may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture if:

1) It has been at least 12 months after the date of filing the application that was denied; and
2) The Parole Board determines that the person whose application was denied has established that:

  • New material evidence relating to the person’s guilt or punishment has been discovered;
  • The person’s physical or mental health has substantially deteriorated; or
  • Other meritorious circumstances justify a waiver of the waiting period.

If an application for pardon, commutation of sentence, or remission of fine or forfeiture of a person sentenced to life imprisonment without parole is denied by the Governor, the person filing the application may immediately file a new application for pardon, commutation of sentence, or remission of fine or forfeiture related to the same offense[i].

Pursuant to A.C.A. § 16-93-207, the Parole Board or the Governor may waive the waiting period for filing a new application for pardon, commutation of sentence, or remission of fine or forfeiture if:

1) It has been at least 12 months after the date of filing the application that was denied; and
2) The Parole Board determines that the person whose application was denied has established that:

  • New material evidence relating to the person’s guilt or punishment has been discovered;
  • The person’s physical or mental health has substantially deteriorated; or
  • Other meritorious circumstances justify a waiver of the waiting period.

A.C.A. § 16-93-207 provides that if an application for pardon, commutation of sentence, or remission of fine is granted, the Governor must:

1) Include in his or her written order the reasons for granting the application; and
2) File with the Senate and the House of Representatives a copy of the order that includes:

A) The applicant’s name;
B) The offense of which the applicant was convicted;
C) The sentence imposed upon the applicant;
D) The date that the sentence was imposed; and
E) The effective date of the pardon, commutation of sentence, or remission of fine.

Arkansas Pardon and Parole Laws

[i] A.C.A. § 16-93-207.