What Is Drug Treatment Court in Arkansas and Could It Resolve Your Case?
- Ryan Renauro
- Jul 8
- 11 min read
If you're facing a drug-related charge in Washington or Benton County, there is an option that most people in your situation never hear about. Not from the arresting officer. Not at booking. And often not even at arraignment, unless you have an attorney who knows to raise it.
It's called Drug Treatment Court. For some eligible participants, it may provide an opportunity to avoid a conviction or significantly reduce the long-term consequences of a drug-related offense through treatment and court supervision.
Neither of your main options in the standard criminal process does much about the thing that actually drove the charge. Treatment Court is different. It's built around the understanding that for many people facing drug-related offenses, what's underneath the charge is a substance use disorder, and that addressing the disorder is both better for the person and more effective at preventing future contact with the criminal justice system.
Jayson Mitchell spent years as a public defender in both Kansas and Arkansas before joining Rise Criminal Defense. Ryan Renauro has worked as a prosecutor and public defender across Northwest Arkansas. Between them, they have sat inside drug court team meetings, worked with participants at every stage, and know these programs from the inside. What follows is what they wish more people knew before making decisions about their cases.
Table of Contents
What Arkansas Drug Treatment Court Actually Is
Drug Treatment Court is not a lighter version of the criminal process. It is harder than a standard plea in many respects. It demands more of participants, involves closer supervision, and requires a genuine commitment to recovery and accountability.
What it offers in exchange is something the standard process rarely provides: the possibility of dismissal and record sealing for eligible participants who successfully complete the program and satisfy the statutory requirements.
Under Arkansas Code Ann. § 16-98-303, each judicial district in Arkansas is authorized to establish its own drug court program. These programs are supervised by a circuit judge and involve a coordinated team that includes the prosecuting attorney, a probation officer, substance use counselors, and defense counsel. The Arkansas Judiciary describes Adult Drug Court statewide as a voluntary, 14 to 18 month, multi-phase intervention program designed for adults with underlying substance use disorders who are at increased risk of reoffending.
Admission into Drug Treatment Court is not automatic simply because someone requests it. Eligibility depends on Arkansas law, local program policies, the nature of the charges, criminal history, substance use assessments, and approval by the court and other participating agencies. Even if someone appears eligible, acceptance into the program remains discretionary.
The two programs serving Northwest Arkansas operate in Washington County and Benton County. They share the same core framework but differ in structure, location, and some eligibility requirements.
The Two NWA Programs
Washington County Drug Treatment Court
Washington County's Drug Treatment Court operates under Circuit Court Division 4, located at the Washington County Courthouse in Fayetteville. The program serves Washington and Madison Counties.
The mission stated by the court is direct: "treatment works," and the program reflects that. It is built on the belief that placing substance-involved offenders in a structured, therapeutic program is a more effective alternative to incarceration, and that adding judicial accountability to the treatment process strengthens both outcomes.
Washington County also operates a separate, lighter-touch program called the Drug/Workforce Diversion Court, also under Division 4. This program targets minimum risk offenders and focuses on helping participants meet court-mandated financial obligations, obtain career readiness credentials, and potentially leave without a conviction. It is a distinct track from the full Drug Treatment Court and may be appropriate in different circumstances.
Benton County Adult Drug Court
Benton County's Adult Drug Court operates as part of the county's Specialty Courts under the 19th Judicial District's Third Division Circuit Court, presided over by Judge Tom Smith. The administrative office is located at 1301 Melissa Drive, Suite 5, in Bentonville.
Benton County explicitly describes its program's mission as allowing "non-violent offenders without serious records the opportunity to address their addiction in lieu of more punitive measures." The program includes counseling, therapeutic meetings, and probationary supervision.
Benton County also offers a Veterans Treatment Court and a Mental Health Court under the same Specialty Courts umbrella.
Who Qualifies
The Benton County Adult Drug Court publishes its eligibility criteria directly. To be considered, you must generally:
Have been referred by First or Second Division Circuit Court on new felony charges, or on drug-related probation or parole violations
Have an active or recent history of substance use disorder diagnosis
Live in Benton or Washington County (you cannot relocate to another state while participating)
Be at least 18 years old
Have no violent felony offenses on your record
Have no history of sexual offenses of any kind, misdemeanor or felony
Be willing to address any uncontrolled mental health diagnosis as part of the program
Under Arkansas Code Ann. § 16-98-303, state law establishes minimum eligibility requirements for Adult Drug Court, while local programs may impose additional restrictions. Individuals with certain violent offenses, sex offense histories, or other disqualifying criminal histories may be ineligible depending on the applicable statute and local program rules. Each local program may add further restrictions beyond those statutory minimums.
Washington County's program applies similar eligibility criteria, though program details and track structure differ. Drug court judges also retain discretion: meeting the eligibility criteria does not guarantee acceptance. The judge, prosecutor, and program staff all play a role in determining who is admitted.
What Participation Actually Looks Like
This is where Treatment Court separates itself from most alternatives. It is demanding by design.
Participants in the Benton County program are required to call in daily to find out if they have been selected for drug testing that day. Testing is conducted at the Arkansas Community Correction office at 1001 W. Walnut in Rogers. Court appearances happen twice a month in the early phases and decrease to once a month as participants progress. Participants are required to work at least 32 hours per week or be enrolled full-time in school. Unannounced home visits by program staff or law enforcement are part of the supervision structure.
Treatment includes individual and group counseling, 12-step or recovery program involvement, and participation in educational or vocational programs. Participants who have not completed high school or obtained a GED are required to do so during the program.
Benton County structures its program across multiple tracks based on individual treatment needs. Track I participants are enrolled for a minimum of 15 months. Track II is a shorter track of at least 6 months. The total program is a minimum of 15 months, with additional time possible depending on compliance and treatment progress.
This is not a passive option. Missing tests, missing court appearances, continuing to use substances, and failing to meet employment or education requirements all carry consequences. Sanctions escalate with repeated violations and can include jail time. If a participant is expelled from the program, the case goes back to the standard criminal track.
What Happens When You Complete the Program
Successful completion is not the end of the process, but it opens a significant door.
Under Ark. Code Ann. § 16-98-303(g)(1), a drug court program judge may order the dismissal of a case and the sealing of the record upon successful completion. To do so, the judge must determine that the participant has:
Successfully completed the program
Received aftercare programming
The judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record
After considering the participant's past criminal history, the judge determines that dismissal and sealing are appropriate
This relief is not automatic. The prosecutor must affirmatively recommend it and the judge must independently determine it is warranted. For pre-adjudication participants who entered the program before any conviction was entered, successful completion can result in the original charge being dismissed entirely. For post-adjudication participants who entered after a conviction, the record sealing process operates under the same § 16-98-303(g)(1) framework, though the specifics of what has already been adjudicated affect how that sealing works in practice.
The practical outcome for eligible participants who successfully complete may be a dismissed case and a sealed record when the statutory requirements are satisfied and the court grants that relief.
What Happens If You Don't Complete the Program
The reverse side matters too. If a participant is expelled from Drug Treatment Court, their case is transferred back to the standard criminal division, and they face prosecution on the original charges. Time spent in the program does not automatically reduce the penalties a person may face if removed from the program. Whether any credit applies depends on the specific circumstances of the case and any orders entered by the court.
This is why the decision to pursue drug court is one that requires careful thought and honest self-assessment. It is a genuine opportunity, but it is not a safe fallback that costs nothing if it doesn't work out.
Why Having an Attorney Matters More Than Most People Realize
Here is what the Benton County Adult Drug Court program guide says about how to get in: "First, let your defense attorney know you are interested in the program. They can work with the prosecutor to request a referral."
That sentence carries more weight than it might appear.
Drug court admissions are not automatic. They require a referral, an assessment, prosecutorial agreement, and judicial approval. The process is collaborative, involving the judge, the prosecutor, the program staff, and the defense attorney. A participant who enters without representation, or with an attorney unfamiliar with how these programs operate, may be less likely to have Drug Treatment Court evaluated as a realistic option early in the case.
Both Ryan Renauro and Jayson Mitchell have worked inside this system. As a public defender in Benton County, Jayson sat in drug court team staffing meetings alongside the judge, prosecutor, and treatment staff. He has watched how admissions decisions are made, what the team looks for, and what kinds of presentations move cases in the right direction. Ryan has seen the same dynamics from the prosecution side.
That kind of direct experience with the mechanics of these programs, not just their existence, shapes how we evaluate whether drug court is right for a client and how we position a case to be considered.
Who you are as a person matters to these programs. Your history, your willingness to engage with treatment, your support system, your stability: all of these are part of what the admissions team evaluates. An attorney who knows how to present those factors clearly and honestly, and who has a working relationship with the program staff, can help determine whether Drug Treatment Court is appropriate for a particular case and advocate throughout the referral process.
Is This Right for Your Case?
Drug Treatment Court is not the right answer for everyone. It requires a significant time commitment, genuine engagement with treatment, and a willingness to meet demanding supervision requirements for 15 months or more. For someone who is not ready to engage seriously with that process, it is the wrong choice.
But for someone facing a felony drug charge who has a substance use problem they want to address, who is not excluded by the eligibility criteria, and who is prepared to do the work, it may be the most important option available. For eligible participants who successfully complete the program, dismissal and record sealing may be available if the statutory requirements are met. That relief can significantly reduce the long-term impact of a criminal case. It affects what jobs you can hold, where you can live, and what your life looks like years from now.
The first step, as the Benton County program guide puts it, is telling your attorney you are interested. If you want to understand whether you qualify and what your realistic options look like, we are here to have that conversation.
Call 479-334-0355 or contact us online for a free case review.
This article is for general informational purposes only and does not constitute legal advice. Program requirements, eligibility criteria, and procedures may change. No attorney-client relationship is formed by reading this content. If you are facing criminal charges in Arkansas, please consult a qualified criminal defense attorney about your specific situation.
KEY TAKEAWAYS
Drug Treatment Court is an intensive, voluntary alternative to standard criminal prosecution for eligible people with substance use disorders.
Both Washington County (Circuit Court Division 4) and Benton County (19th Judicial District, Division III) operate programs in NWA.
Eligibility generally requires non-violent felony charges, a substance use disorder, residency in Benton or Washington County, and no sex offense history.
Participation is demanding: daily call-in for drug testing, regular court appearances, employment or school requirements, and 15+ months of program involvement.
Under Ark. Code Ann. § 16-98-303(g)(1), successful completion can result in case dismissal and record sealing. The judge must receive a recommendation from the prosecuting attorney and independently determine this relief is appropriate.
Getting into drug court requires attorney involvement. The process begins with your defense attorney requesting a referral to the program.
Expulsion from the program returns your case to the standard criminal track.
FAQ SECTION
Q: What is the difference between Drug Court and Treatment Court in Arkansas?
A: "Treatment Court" is the umbrella term used statewide by the Arkansas Judiciary for its specialty court programs, which include Adult Drug Court, DWI Court, Veterans Treatment Court, and Mental Health Court. In Washington and Benton Counties, the specific program for drug-related offenses is called "Adult Drug Court" or "Drug Treatment Court." They refer to the same program category.
Q: Can misdemeanor drug charges qualify for Drug Court in Northwest Arkansas?
A: Benton County's Adult Drug Court is primarily accessed through felony charges or drug-related probation and parole violations. Washington County's Drug/Workforce Diversion Court may address some misdemeanor-level situations. Eligibility depends on the specific charge, criminal history, and program availability. An attorney can help determine which program, if any, applies to your circumstances.
Q: How long does Drug Court take in Arkansas?
A: The Arkansas Judiciary describes Adult Drug Court statewide as 14 to 18 months. Benton County's program has a minimum of 15 months, with additional time possible. Participants who do not meet program requirements may remain in the program longer. The process is individualized based on treatment needs and compliance.
Q: What happens to my record if I complete Drug Court in Arkansas?
A: Under Ark. Code Ann. § 16-98-303(g)(1), a drug court judge may order dismissal of the case and sealing of the record upon successful completion. The judge must receive a recommendation from the prosecuting attorney for dismissal and sealing, and must independently determine this relief is appropriate based on the participant's criminal history. This is not automatic. For pre-adjudication participants, no conviction was entered before the program, meaning successful completion may result in the original charge being dismissed entirely.
Q: Do I need a lawyer to apply for Drug Court?
A: Although Arkansas law does not require every Drug Court participant to hire private counsel, most referrals begin through defense counsel. An attorney can evaluate your eligibility, discuss alternatives, and work through the referral process when Drug Treatment Court may be appropriate. The official Benton County Adult Drug Court materials state: "First, let your defense attorney know you are interested in the program. They can work with the prosecutor to request a referral." Without an attorney initiating that referral and presenting your case appropriately, you may not be considered.
Q: What happens if I am removed from Drug Court?
A: If a participant is expelled from the program for violations, the case is transferred back to the standard criminal division and prosecuted on the original charges. The time spent in the program does not reduce the criminal exposure in the standard track.
Q: Is Drug Court in Benton County the same as in Washington County?
A: The programs operate under the same statewide statutory framework (Ark. Code Ann. § 16-98-303) but differ in structure, location, judicial oversight, and specific requirements. Benton County's program is administered by the 19th Judicial District Specialty Courts under Judge Tom Smith in Bentonville. Washington County's program operates under Circuit Court Division 4 in Fayetteville. Program details, eligibility screening, and track structure vary between the two counties.
