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Court grants petition to expunge sex abuse conviction Thursday, Jun 14, 2007 By Rob Moritz Arkansas News Bureau LITTLE ROCK - A Benton County man who pleaded guilty to sexual and carnal abuse of minors should have his conviction expunged because the crimes occurred before a 1999 law went into effect to keep such records on the books, the state Court of Appeals ruled Wednesday. The decision reversed a Benton County Circuit Court ruling that denied Henry "Hank" James McBride's petition to expunge the convictions. On June 23, 2000, McBride pleaded guilty to first-degree sexual abuse that occurred on April 24, 1999, and third-degree carnal abuse that occurred between March and April 1999. The victims involved were under 18. McBride was placed on five year's probation. In 2005, McBride petitioned the court to have his record expunged, saying he had complied with the conditions and orders of the court. The state objected, arguing that McBride was ineligible for because the Legislature in 1999 enacted Act 1407, which went into effect July 30, 1999, before he pleaded guilty to the charges. Act 1407 prohibited people convicted of some sexual offenses against children, such as carnal abuse, sexual abuse and rape, from having their criminal records expunged. Circuit Judge Tommy J. Keith modified McBride's sentence to reflect that he was sentenced after the new law went into effect and was ineligible for expungement under the previous law, which did allow for expungement in some cases. In his appeal, McBride argued he was eligible for expungement because Act 1407 of 1999 took effect after he committed the crimes. In an unanimous decision, the appeals court cited Supreme Court precedent establishing that sentencing "must be in accordance with the statutes in effect on the date of the crime." The three-judge panel also noted that both sides agreed McBride had satisfactorily complied with all conditions and orders of the circuit court, and the appeals court sent the case back to circuit court with instructions to grant McBride's expungement petition. |
