Judges: WINSTON BRYANT, Attorney General
Filed Date: 10/2/1991
Status: Precedential
Modified Date: 7/5/2016
The Honorable Randy Thurman State Representative P.O. Box 584 Heber Springs, AR 72543-0584
Dear Representative Thurman:
This is in response to your request for an opinion on the following questions:
(1) Does Act 378 of 1975 give the State Board of Parole the right to discharge or expunge a sentence handed down by a Circuit Judge when money is still owed by the inmate on costs, fines, and restitution?
(2) If the answer is yes, then what recourse is left to the Counties and victims to collect the costs, fines, and restitution?
It is my opinion that Act 378 of 1975, codified at A.C.A. §§
Section 16-93-510(a) of the Alternative Service Act provides for the expungement of a conviction from an eligible offender's record "upon the completion of sentence or probation imposed under this subchapter." It is my opinion that any fines, costs, or restitution imposed upon an offender for a particular offense are part of the judgment and sentence imposed by the court for that offense. See generally A.C.A. §
The answer to your first question renders your second question moot.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
Winston Bryant Attorney General
WB/CCT:ch