A former state legislator once convicted of writing hot checks is now eligible to run for sheriff, according to the state's highest court.
On Thursday, the Arkansas Supreme Court ruled that Josh Johnston -- who wants to run for Cleburne County sheriff -- should not be disqualified from the ballot because of a past crime because that crime has since been sealed.
This marks the third time Johnston has sought the position. In 2014, opponents were able to stop his bid to get on the ballot after a circuit judge ruled that his past misdemeanor conviction counted as an "infamous" crime and, per the state constitution, disqualified him from holding public office.
Johnston was charged with a felony violation of the state's hot-check law in early 1995, but he later pleaded guilty to a misdemeanor count of the crime and has since paid restitution, fines and court fees.
Johnston was elected as a Republican to the House of Representatives in 2010. In 2012, he ran for sheriff and lost the race by about 500 votes.
In early 2014, he again filed to run for sheriff in Cleburne County, a move that was met by a lawsuit from two other Republican candidates.
Article 5 of the state constitution bars anyone convicted of "infamous" crimes from holding office. An infamous crime can involve an "act of deceit, fraud or false statement."
In May 2014, the Cleburne County Circuit Court ruled in favor of Johnston's rivals and denied a petition to stay the order.
In June 2014, Johnston petitioned the court to seal his criminal record, which the court did, and filed again to run for sheriff last November.
One of his challengers in the 2014 primary again filed suit in November, but the case was dismissed because Johnston's record was sealed and expunged and, thus, he was eligible to run for office.
On Thursday, the Supreme Court found that Johnston's offense didn't fall into the exceptions to the state law allowing the expungement or sealing of records. Thus, it is as if it never happened.
"In sum, here, based on the plain language of the state at issue, as a matter of law, Johnston's misdemeanor conviction never occurred, Johnston never had a record, and all of his privileges and rights are restored," wrote Justice Karen Baker. "Accordingly, the plain language dictates that it is as if Johnston never had the misdemeanor conviction. Thus, Johnston is eligible to run for and hold office."
Officials with the Cleburne County clerk's office said that Johnston's name will appear on the ballot, along with two other Republicans, seeking the party nomination in the March 1 election. The winner will face a Democrat in the November general election.
Metro on 02/12/2016