Arkansas

State Resource Guide

The Post-Conviction Process

Click on the underlined links to view more information.

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.

These can include motions to arrest the judgment, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled.
Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”

On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
The Arkansas Attorney General represents the State on direct appeal. To receive updates on appeals, victims sign up for notifications through the Arkansas Victim Notification System (VNS).

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed and filed after the direct appeal process has ended.

These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
The Arkansas Attorney General represents the State in state post-conviction proceedings. To receive updates on appeals, victims sign up for notifications through the Arkansas Victim Notification System (VNS).

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Arkansas law may go to federal court in a process called “habeas corpus.”

Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
The Arkansas Attorney General represents the State in federal habeas proceedings. To receive updates on appeals, victims sign up for notifications through the Arkansas Victim Notification System (VNS).

Early Release Programs

These programs can include parole, medical parole, early release to transitional housing, or participation in certain programming.

If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Arkansas, including parole, medical parole, early release to transitional housing, or—if they are incarcerated at Hawkins and Ester, they may be released 18 months early if they participate in certain religious programming and do community service.
To receive notification about an incarcerated individual’s release and movement, including parole hearings, medical release, furlough, changes in status or custody, escape, recapture, and death, victims should register through the Arkansas Victim Notification System (VNS).

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.

The governor can grant clemency to people convicted of felonies under Arkansas law. The Post-Prison Transfer Board helps the governor in this process. Clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
To receive updates on appeals, victims sign up for notifications through the Arkansas Victim Notification System (VNS).

Victims Rights
Post-Conviction

In Arkansas, victims have the right to:

Notification of any appeals that are filed*
Notification of the date, time, and place of any post-conviction or appellate hearing*
Notification of the decision in an appeal or post-conviction proceeding*
Presence at all court proceedings
Request an extended post-conviction no contact order for certain offenses
Notification about the confinement, release, furlough, and escape of an incarcerated person*
Notification of parole hearings, commutation, or pardons*
Be heard at parole hearings
Request restitution and apply for crime victim’s compensation
Prompt return of property when it is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Arkansas Crime Victims Reparations Program (CVRB) reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
Victims may reach out to the Office of the Prosecutor Coordinator for assistance with restitution and connection to a prosecutor-based victim assistance program. Victims may access an Arkansas Crime Victims Reparations Program (CVRB) application and additional information online or by telephone (501-682-1020). Victims may apply within 5 years of the crime or within 5 years of their 18th birthday if the victim was a minor at the time of the crime.

Arkansas

The Post-Conviction Process

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims Rights Post-Conviction

Compensation

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Victims Rights
Post-Conviction