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Sealing your misdemeanor criminal record in Arkansas

Posted on 23. Jan, 2014 by .

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Recent changes in Arkansas law that took effect on January 1, 2014 have made it possible to seal misdemeanor criminal records that couldn’t previously be sealed. When a record is sealed/expunged it will no longer appear on your State or Federal criminal background checks and the law allows you to deny that the incident ever occurred. Almost all misdemeanors can be sealed / expunged after one year. Some misdemeanors including DWIs, battery charges, and sexual offenses will require a five-year waiting period. There is no limit on the number of misdemeanors that you can seal.  I’ve had good success getting charges sealed under the new law and recently sealed four DWIs for a client. By clearing these DWIs from her record she has been the able to move forward with goals in her life that were previously hampered by her criminal record. If you or anyone you know has prior misdemeanors that you would like to get off of your record please give me a call. I do not charge anything for the initial consultation. Tim Snively, attorney, 479-695-2444.

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Sealing your felony criminal record in Arkansas

Posted on 23. Jan, 2014 by .

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Recent changes in Arkansas law that took effect on January 1, 2014 have made it possible to seal many more felony criminal records that couldn’t previously be sealed. When a record is sealed/expunged it will no longer appear on your State or Federal criminal background checks and the law allows you to deny that the incident ever occurred. Some felony record can be sealed after the completion of the sentence and other require a five year waiting period. I’ve had good success getting charges sealed under the these laws.  By clearing these records my clients have been the able to move forward with goals in their lives that were previously hampered by their criminal records. If you or anyone you know has a prior felony that they would like to get off of their record please give me a call. I do not charge anything for the initial consultation. Tim Snively, attorney, 479-695-2444.

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The Family Medical Leave Act (FMLA) in Arkansas

Posted on 19. Jun, 2012 by .

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Who is qualified to take FMLA leave

The Family Medical Leave Act protects workers for taking leave for illness for themselves and other family members. To qualify for the Family Medical Leave Act, your employer must have at least 50 employees and you must have been employed for at least a one year period. If you qualify, then you are entitled to a 12 week, unpaid leave for the illness of yourself or other certain family members. If you are not provided with this leave, discriminated against for taking the leave, or terminated when entitled to the leave, you may have a claim against your employer for violation of the Family Medical Leave Act.

Notice Requirements

The Family Medical Leave Act requires you to provide certain notices to your employer when the leave is foreseeable. If you are taking any such leave, be sure to keep your employer fully informed and provide them with the proper notices. Your employer should have forms that are required to be filled out. Make sure you properly provide your employer with notice and fill out the proper forms in order to ensure that you are protected under the rights of the Family Medical Leave Act.

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Filing for divorce in Arkansas

Posted on 19. Jun, 2012 by .

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If you desire to file for divorce in the State of Arkansas, you will need to file a complaint for divorce in the county in which you reside. The law requires that you have been a resident of the state for at least 60 days prior to filing for divorce in the State of Arkansas. You will file the divorce at the circuit clerk’s office in the county in which you reside. There is a $165.00 filing fee for filing the divorce. After the divorce is filed, the opposing party will need to be served a copy of the divorce complaint along with a summons. Service will need to be made through an authorized process server of the county, sheriff’s deputy, or can be perfected through certified mail with restricted delivery. Once the opposing party has been served, they have 30 days from receipt of proper service to file a responsive pleading or they are in default.

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Discrimination in the workplace in Arkansas

Posted on 19. Jun, 2012 by .

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Your legal protections:  If you work in Arkansas and feel like you are being discriminated against because of your age, race, gender, religion, or due to a disability, you may have a claim against your employer, if the discrimination is affecting you in the workplace. You have protection pursuant to Title VII of federal law and pursuant to the Arkansas Civil Rights Act.

Statute of limitations: Under federal law, you are required to file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. If you fail to file this claim before your statute of limitations has run, then you are forever barred from filing a federal claim for the employment discrimination. This is a very short statute of limitations. You must be careful not to allow the time to lapse. Under the Arkansas Civil Rights Act, however, there is a one year statute of limitations. Therefore, you will need to file any case against your employer within one year of the discriminatory act in Arkansas courts.

 

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Child Support Modification in Arkansas

Posted on 19. Jun, 2012 by .

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 If you believe that the child support amount that you are being paid or are paying is incorrect, you can petition the court for a child support modification. The court will review the income records of the payor and determine if there has been a change in the amount of pay warranting modification of child support.

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Amount of Child Support in Arkansas

Posted on 19. Jun, 2012 by .

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Under Arkansas law the noncustodial parent is required to pay child support for the support and maintenance of their minor children. The amount of child support they pay is based on their income. In determining the amount of child support, you will calculate the net income of the payor of the child support. The net income is derived from taking their gross pay and subtracting any taxes, social security paid and the costs of insurance that they are providing for the minor children. Once the net income is determined, you refer to the Arkansas Child Support Guidelines which can be found online and it will state the amount of child support to be paid. Courts are required to follow the Arkansas Child Support Guidelines in determining child support unless there are circumstances that warrant modification from the Arkansas Child Support Guidelines.

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Child Support in Arkansas

Posted on 02. Jun, 2011 by .

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Under Arkansas law the noncustodial parent is required to pay child support for the support and maintenance of their minor children.  The amount of child support they pay is based on their income.  In determining the amount of child support, you will calculate the net income of the payor of the child support.  The net income is derived from taking their gross pay and subtracting any social security paid and the costs of insurance that they are providing for the minor children.  Once the net income is determined, you refer to the Arkansas Child Support Guidelines which can be found online.  It will state the amount of child support to be paid.  Courts are required to follow the Arkansas Child Support Guidelines in determining child support unless there are circumstances that warrant modification from the Arkansas Child Support Guidelines.  In most cases the courts will follow the guidelines, unless there are some exceptional circumstances with regard to the child or parent that would warrant a modification and deviation from the Arkansas Child Support Guidelines.

If you believe that the child support amount that you are being paid or are paying is incorrect, you can petition the court for a child support modification.  The court will review the income records of the payor and determine if there has been a change in the amount of pay warranting modification of child support.

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