§ 16-90-1201 - Expungement of record.
16-90-1201. Expungement of record.
(a) The record of a felony offense for possession of a controlled substance or counterfeit substance in violation of 5-64-401(c) shall be expunged pursuant to this section.
(b) This section shall apply if:
(1) The intake officer appointed by the court determines that the defendant has a drug addiction and recommends the defendant as a candidate for residential drug treatment;
(2) The court places the defendant on probation and includes as part of the terms and conditions of the probation that:
(A) The defendant successfully complete a drug treatment program approved by the court; and
(B) The defendant remain drug free until successful completion of probation; and
(3) The defendant successfully complete the terms and conditions of the probation.
(c) Nothing in this section shall require or compel any court of this state to order probation under this section, nor shall any defendant be availed the benefit of this section as a matter of right.
(d) This section shall be supplemental to all other laws concerning probation and expungement.
(e) As used in this section, the procedure, effect, and definition of "expungement" shall be in accordance with that established in 16-90-901 et seq.