Terminating The Need To Register In Arkansas As A Sex Offender

Arkansas law allows for convicted sex offenders to terminate their obligation to register. This topic is currently receiving attention in our state as the waiting requirement to request termination has now passed for certain persons. If you have been convicted of a sex offense in Arkansas, and you meet the requirements discussed below, then contact Accessible Legal Services at 501-620-4242 to begin the process of terminating your registration requirements.

Arkansas allows for those convicted of a sex offense to request that they no longer be required to register

Arkansas’ criminal code allows one to request an Order from the Court stating that they no longer be required to register as a sex offender. Arkansas Code 12-12-919 allows for one to apply for termination of the registration requirement if it has been fifteen years since they were released from prison or since they were first placed on probation. The first step of ending the obligation to register is to file an application with the Court. The Court will schedule a hearing at which the prosecutor may request that registration requirements continue. The State will be permitted to call witnesses and present evidence in support of any claim that one should remain required to register as a sex offender in Arkansas.

Terminating the requirement to register as a sex offender can have enormous benefits. Termination means that one no longer has to worry about their neighbors finding out through a database that they have been convicted of a sex offense. Terminating the obligation also reduces the risk that one will pick up a new charge for failing to register or updating basic information such a home address. Our lawyers are able to assist those eligible under Arkansas law to terminate the need to register as a sex offender.

Arkansas residents wishing to terminate their sex offender registration requirements should contact an attorney

If you wish to terminate Arkansas’ requirement that you register as a sex offender then you should contact an attorney immediately. The process of terminating the registration requirement involves several steps in the legal process and making a mistake can result in your application being denied. Properly applying for termination of the requirement means that the correct paperwork must be properly filed with the court. It also requires that a proper notice of the hearing be timely given to the prosecutor. Also, should the prosecutor dispute the termination then having a qualified attorney to argue on your behalf can possibly make the difference between your application being granted or denied.

It is not advisable that you go through the process alone. Call our office today at 501-620-4242 with help through this process.

Why Should You Create a Will?

Drafting a will isn’t something that people look forward to doing – after all, planning for your own mortality isn’t anyone’s idea of recreation. The reality, though, is that having your affairs in order can make life much lighter. Putting your basics down on paper can be a huge help to your family.

The process of creating a will should not be that complicated, but I recommend that people have a professional adviser assist them with doing their will.  For most people, preparing a will and putting their estate plan together usually involves a visit to a lawyer.

 

What people have to recognize is that a will is a very important document, but a will is just one part of the planning process. What you’re really trying to do is to get your affairs in order, but you have to look at your total plan. You have to look at what your assets are, and what they’re likely to be in the future. You have to look at what your family situation is. Everybody’s situation is unique, but you’re trying to get your affairs in order so that when you pass away, everything will be looked after with a minimum of fuss. For most people, a will is the largest part of that plan.

But there are a lot of common things that people place in their will. They have properties in joint tenancy with their spouse and it will pass automatically to that person. They’ll have life insurance that’ll go automatically to a named beneficiary. There’s a lot of other things that you want to d,o and the process of putting your will together is usually the time that you want to review all of those things, to make sure you’re not leaving your life insurance to your ex-spouse, things like that.

One of the main things to do in a will is appoint an executor who then has legal authority from the moment of death to look after your estate.  One of the first things that an executor is instructed to do – gather up the estate assets, but also to pay all the debts, the funeral, testamentary expenses.

 

I’m always a fan of people having a professional adviser to assist them and the reason for that is that the process usually involves a complete review of your own situation, discussion of the law and how it applies to your situation and then what it is you want to do and putting it into effect. It’s actually a fairly complex area of the law and I’ve seen a lot of tragedies and huge bills later on…

With any additional questions about creating a will, contact us at Accessible Legal Services at 501-620-4242.

How To Expunge An Arrest Record

If you are like many people in Arkansas who have a RAP sheet, you have wondered how to expunge an arrest record.

 

Fortunately, many people who have arrest records are eligible to expunge them—it is just a matter of knowing what to do, which forms to file, and where to file the petition. For that reason, most people choose to work with an expungement attorney who understands the law and how it applies in different cases.

Expungement is not a simple process, and many people choose to have an attorney walk them through the process to ensure that they get the best possible outcome.

The first thing you need to expunge your arrests is obtain your complete criminal history. You can get a copy of your rap sheet (that stands for record of arrests and prosecutions) from the agency that arrested you, or you can obtain a copy from ACIC.

Once your lawyer has reviewed your record, she will determine whether you are eligible for expungement or criminal record sealing. If you are eligible, she’ll prepare and file all the documents necessary to clear your name.

What if the Court Won’t Let You Expunge Your Arrest Record?

The court does not have to grant your request to expunge or seal your criminal record. If the state’s attorney objects to your expungement or sealing, your lawyer will be able to argue your case in front of a judge.

What Else Can You Expunge (Besides an Arrest Record)?

In some cases, if you were found guilty of a crime and placed on court supervision, and you successfully completed the term of supervision (and maintained a clean criminal record since then), you could be eligible for expungement or sealing.

Do You Need to Talk to an Attorney About How to Expunge Your Arrest Record?

If you’re thinking about expunging your arrest record, we may be able to help you.

Call Accessible Legal Services at 501-620-4242 for a free case review today. We will look at your situation and start developing a strategy that gets you the best possible outcome.

What is the Criminal Expungment Process?

For many people, the process of expunging or sealing a criminal record is a complicated one—but it does not have to be that way. Working with an expungement attorney from the moment you decide to clear your criminal record can make things simpler (and save you time).

Before you can petition the court to clear your criminal record, you will need a complete copy of that record. You can get your own criminal record by contacting the agency where you were processed, or you can ask request your criminal record from Arkansas Crime Information Center (ACIC).

Once you have your entire criminal record, you can determine whether you are eligible to have your criminal record sealed or expunged. If you are not, you could still be eligible for a pardon through the Governor’s office.

When your attorney determines that you are eligible for expungement, she will file the appropriate petition with the court, and that is the first step in clearing your name and getting the fresh start you deserve.

In some cases, the state’s attorney—the lawyer that represents the State’s best interests in criminal cases—will object to an expungement. If that happens in your case, you may be entitled to a hearing where you can explain your side of the story. Your lawyer can argue on your behalf if the state objects to your petition.

If the judge in your case approves your expungement, the court will order the law enforcement agencies that have your criminal records to seal them.

If you need to talk to an attorney about clearing your name so you can move forward and leave the past behind, call us right away at 501-620-4242 for a free case evaluation. We will look at your record and explain your options, and then we will develop a strategy that gets you the best possible outcome.

Modifying Child Support

For Arkansas parents who are required to pay child support, the laws can be complex and difficult to understand. If a non-custodial parent has a change in their financial situation, such as a new job, they may have to pay more or be allowed to pay less child support.

If a non-custodial parent changes jobs and is paid less, they will have to petition the court to get the child support order changed. Before the modification request is approved, however, the court will consider a variety of factors to determine if the change in the amount of child support is warranted. For example, the non-custodial parent must have a substantial change in circumstances before the modification is approved. Two parents can also make an agreement out of court as long as the new amount of support is within the state’s child support guidelines.

It is important that non-custodial parents who can suddenly no longer afford their child support payments act as quickly as possible. This is because child support modifications are not retroactive, and the parent will still be held responsible for any back child support. Non-custodial parents must file a motion with the court that issued the original order. If parents reach an agreement outside of court, the agreement must be put in writing and be signed by a judge.

When parents cannot come to an agreement regarding child support outside of court, a family law attorney may assist with filing a modification request in court. The lawyer may also help gather financial evidence to back the request.  If you need this type of assistance, call Accessible Legal Services at 501-620-4242.

What Indicators Lead to Divorce?

Believe it or not, divorce is considered to be a major health problem. While doctors can predict the risk for major health issues such as diabetes, cancer and heart attack, they now are trying to predict the risk for divorce which accounts for 50 percent of U.S. marriages.

The breakdown of a marriage can play havoc on one’s emotional and physical health. People in troubled relationships are more likely to suffer from anxiety, depression and high blood pressure. Historically, the medical profession has had little advice for preventing divorce but now there is plenty of new research out that helps scientists discern what qualities lead to a lasting marriage or a divorce. For instance, eye-rolling after a spouse’s comment can be a strong indicator for divorce whereas, marriages with traditional gender roles are indicative of long-lasting marriages.

Some of the findings, while they may seem obvious, run counter to the way many marital counselors work, and thus, could force counselors to rethink their whole approach to couple’s therapy.

John Gottman, a psychology professor at the University of Washington and a leading divorce-prediction researcher (www.gottman.com), has videotaped thousands of couples and codes positive and negative facial expressions, body language and comments. He and his colleagues have calculated that successful marriages have at least a five-to-one ratio of positive to negative interactions. When the ratio drops, the marriage becomes high risk for divorce.

While it is not logistically possible in real life to tally the positive and negative displays, therapists say it’s important to ramp up the positives after a negative occurs so the ratio doesn’t dip to dangerous levels. The strongest predictors of divorce are four negative qualities: contempt, criticism, defensiveness and stonewalling. And couples should be aware of subtle negative facial expressions.

Half of all marriages end in the first seven years but a study in Family Process claims that another risky time for divorce is midlife. The study followed 79 Bloomington, Ind., couples that had been married for an average of five years. Four years after the research started, 9% had divorced and by the end of the 14-year study, 22 couples, or 28% had divorced.

It has been shown that “active listening,” a traditional counseling method, doesn’t work because the spouse would just repeat the complaint and say, “I hear what you’re saying.” Happily married couples don’t respond that way. They take a gentler approach to starting a conversation and if an argument escalates, they know how to end it and repair the damage.

Traditional counseling will also have a couple give up their idealized view of relationships and romance but this has been shown to be the contrary: People with the highest expectations for marriage have the highest quality marriages.

Another predictor of divorce has to do with the influence the wife has on the decision making process. In marriages at high risk for divorce, the wife has little to no influence over her husband.

Age can be another risk factor. There is a divorce risk for women who marry younger men but men can marry younger women without any risk factor.

Another huge factor has to do with having children. Studies show that marital satisfaction drops by 70% in the first few years of having a child but later helps the couple to stay married.

And finally, some marital arguments can’t be solved. One study interviewed a couple and came back four years later to find that the couple was still arguing about the same problems in exactly the same way. This has led to what is called “acceptance” therapy which encourages couples to accept the minor weaknesses of their partners instead of trying to change them.

No one wants to go through a divorce, however if you are facing that situation, Accessible Legal Services can help.  Call 501-620-4242.

Source: Can Eye-Rolling Ruin a Marriage? Researches Study Divorce Risk, By Tara Parker-Pope, The Wall Street Journal