§ 5-4-105 - Expungement and sealing options.

5-4-105. Expungement and sealing options.

(a) An expungement or sealing of the records of a criminal prosecution is governed by the following provisions of law:

(1) If no judgment of guilt is entered as a consequence of a plea of guilty or nolo contendere, eligibility for an expungement or a sealing of the records of the criminal prosecution is governed by 5-4-311, 5-64-413, or 16-93-301 -- 16-93-303; and

(2) If a judgment of guilt is entered as a consequence of a plea of guilty or nolo contendere or after a finding of guilt by a judge or a jury, eligibility for an expungement or a sealing of the records of the criminal prosecution is governed by 16-93-1201 et seq.

(b) Eligibility for an expungement or a sealing of the records of a criminal prosecution that was terminated by an acquittal, dismissal, or nolle prosequi is governed by 16-90-906.

(c) The procedure for an expungement or a sealing of the records of a criminal prosecution is governed by 16-90-901 et seq.