Supreme Court of Arkansas

Brian Haile, Appellant v. Josh Johnston

February 11, 20162016 Ark. LEXIS 48

Summary

The court affirmed the dismissal of the declaratory-judgment petition and the grant of summary judgment, holding that Johnston's sealed misdemeanor conviction could not disqualify him from seeking or holding public office. The sealing statute deemed the underlying conduct never to have occurred and restored his rights, and none of the statutory exceptions applied. The court also held that res judicata did not apply because the effect of the sealed record had not been litigated in the earlier proceeding. Special Justice Lambert, concurring, would have resolved the case by holding that the misdemeanor was not an infamous crime, while Chief Justice Brill, concurring, separately explained why res judicata was inapplicable.