§ 5-64-413 - Probation -- Discharge and dismissal. - Arkansas Statutes

5-64-413. Probation -- Discharge and dismissal.

(a) When any person who has not previously pleaded guilty or been found guilty of any offense under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, stimulant, depressant, or a hallucinogenic drug pleads guilty to or is found guilty of possession of a controlled substance under 5-64-401, with the exception of a conviction for possession of a substance listed under Schedule I, the court without entering a judgment of guilt and with the consent of the defendant may defer further proceedings and place the defendant on probation for a period of not less than one (1) year under such terms and conditions as may be set by the court.

(b) The court may require as a condition for probation that the defendant undergo an evaluative examination by a physician or medical facility approved by the court and, if warranted, undergo in-patient or out-patient treatment and rehabilitation for drug abuse.

(c) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

(d) (1) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her.

(2) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent conviction under 5-64-408.

(3) There may be only one (1) discharge and dismissal under this section with respect to any person.

(4) A person against whom proceedings are discharged or dismissed may seek to have the criminal records sealed, consistent with the procedures established in 16-90-901 et seq.