Little Rock litigation attorneys McKenzie Raub, Andrew King and Shayla Dawson recently teamed up with the Center for Arkansas Legal Services to win an appellate victory from the Arkansas Court of Appeals, overturning a lower court’s refusal to consider the felony record expungement request from an Arkansas man. 

The Kutak Rock team was approached by the Center for Arkansas Legal Services when the original team assigned to the man’s case was unable to continue. Raub, King and Dawson argued that the trial court made a mistake in denying their client’s motion petition to seal. 

In short, the client was convicted of nonviolent felony drug offenses nearly 30 years ago. Since then, he demonstrated he was a law-abiding citizen who completed his sentence, maintained employment, and is involved in his community. He produced evidence to demonstrate completion of his sentence as required by the Comprehensive Criminal Sealing Act of 2013, but due to various administrative hurdles imposed by the local court—some of which the State itself was unable to satisfy—the client’s request was denied. 

Raub, King and Dawson categorically rebutted the State’s arguments about the client’s eligibility to have his record sealed and the proof the client provided to demonstrate completion of his sentence. The Court of Appeals agreed with their reasoning, resulting in a reversal that will allow the client to move forward with his request to seal the felony conviction at the local court.

“This reversal helps set precedent in appeals cases and is valuable to the expungement system,” said King. “Sometimes Arkansas trial courts are reluctant to grant expungements. We are pleased that our client will now have the opportunity to make his case.” 

For Raub, this case holds special meaning. “This was my first pro bono case,” she said. “It’s incredibly gratifying to know that our work has the potential to make a big difference in our client’s life.” 

Kutak Rock has a long-standing relationship with the Center for Arkansas Legal Services, which provides free civil legal services to low-income Arkansans. Pro bono is a vital service central to Kutak Rock’s identity, beginning with founders Robert Kutak and Harold Rock, who both worked  to personally provide pro bono services and to champion the inclusion of such services in the Model Rules of Professional Conduct. Read about the “Kutak Commission” here.