Expungement and Gun Rights

Arkansas has some of the best hunting in the south with the stunning Northwest Arkansas Mountains and the duck hunting capital. However, you cannot get many animals this hunting season without a gun. Let Morton Law handle your expungement and restore your hunting season.


Expungement is a process where the legal record of an arrest or criminal conviction becomes confidential. In Arkansas, when a person meets the requirements to have a record expunged, his or her record becomes confidential.  For more information on other topics of expungement, check out our other blogs. Continue reading

3 Ways Morton Law Group Can Help Your Student in a Disciplinary Case

What Sets Us Apart

At Morton Law Group, we know how

criminal defense attorneys in fayetteville arkansas

important your student is to you and your family. You have invested time, money, and energy into their education and their future. We know how difficult it is towatch your child endure a criminal law case and we want you to know that we’re here to help. Here are three reasons why we are your go-to criminal defense lawyers for your student in Fayetteville, Arkansas at The University of Arkansas. Continue reading

Arkansas Shoplifting Law

Shoplifting: the act of taking or intention of taking an item in a place of business that person would not pay money in exchange for an item. In Arkansas shoplifting is charged with Theft of Property.

Punishment for Shoplifting

Most punishments will depend on the value of the item stolen. However, most punishments range from a misdemeanor to felony charges. The following shows fines, punishments, and the amount of money value stolen: Continue reading

Expungement in Arkansas


Expungement is a court-ordered process where the legal record of an arrest or criminal conviction is removed from the eyes of the law, but not destroyed. Arrest or conviction records are sealed and therefore treated as confidential material. In Arkansas, when a person meets the requirements to have a record expunged, his or her record becomes confidential, and the matter is treated as if the crime never happened. Continue reading

Arkansas Public Intoxication Laws

Public Intoxication

Someone commits the offense of public intoxication if they appear in a public place under the influence of alcohol or a controlled substance causing the following;

  • The person is likely to endanger himself or herself or another person or property; or
  • The person unreasonably annoys a person in his or her vicinity

Arkansas courts have decided that admitting to drinking two beverages at a private location combined with an officer testimony was enough evidence. If the officer witnessed any of the; “smell of alcohol; watery eyes, blurry, and glassy; and behavior” there is sufficient evidence to support a charge of public intoxication. Continue reading

Assault vs. Aggravated Assault

The Arkansas Assault Laws in Washington County with the help of Morton Law Firm. Assault offenses in Arkansas range from a misdemeanor to a felony whether it is in the first, second, and third degree or an aggravated assault.


To have the charges of assault one must either threaten with words behaviors or inflict minor harm. The victim of the assault must have feared being injured by the actions or threats. Continue reading

Arkansas Possession Laws

What is a Controlled Substance in Arkansas?

A controlled substance is a drug falling in the unlicensed spectrum, which can affect or harm a person health and future wellbeing. The classification of controlled substances in Arkansas is divided up into six schedules that are arranged by their dependency of abuse, addictiveness, and possible medical use. The Arkansas State Board of Health determines what substances are considered a Controlled Substance. The Arkansas Department of Health (ADH) recognize historical patterns of abuse, current scientific evidence, federal laws, public health and the risk for individuals to become dependent. Continue reading

The Difference between an Employee and a Contract Worker

In the wake of increased government regulation including the Affordable Care Act, many employers have misclassified their employees as “contractor workers.”  In response, the Department of Labor (“DOL”) has issued an Administrator’s Interpretation to clarify the difference between employees and contract workers.


The Fair Labor Standards Act (“FLSA”) broadly defines the term “employ” as “to suffer or permit to work.”  The DOL uses this definition, and has reemphasized that “most workers are employees under the FLSA’s broad definitions.”


In addition to the FLSA definition, the DOL endorses the “economic realities test” used by courts to determine if an individual is an employee or a contract worker.  The economic realities test considers many factors, including:

(1)   the extent to which the work performed is an integral part of the employer’s business;

(2)   the worker’s opportunity for profit or loss depending on his or her managerial skill;

(3)   the extent of the relative investments of the employer and the worker;

(4)   whether the work performed requires special skills and initiative;

(5)   the permanency of the relationship; and

(6)   the degree of control exercised or retained by the employer.

Although these factors are all considered together and no one factor is dispositive as to classification, courts have historically viewed the employers degree of control over the work performed and the employee/worker as the most important when determining if one is an employee or a contract worker.

In its latest interpretation, the DOL diminished the importance of the employer’s control as a factor of the economic realities test.  In other words, even if an employer has little control over the work being performed, the worker may nonetheless be classified as an employee and not a contract worker.


The DOL’s interpretation is consistent with the current trend to improve the wages and rights of workers.  Employers who rely on independent contractors should be clear on what does and does not constitute an employee, and should be cautious not to misclassify employees as contract workers.

For more information, click here.