§ 12-1.3-1 - Definitions.
SECTION 12-1.3-1
§ 12-1.3-1 Definitions. – For purposes of this chapter only, the following definitions apply:
(1) "Crime of violence" includes murder, manslaughter, firstdegree arson, kidnapping with intent to extort, robbery, larceny from theperson, first degree sexual assault, second degree sexual assault, first andsecond degree child molestation, assault with intent to murder, assault withintent to rob, assault with intent to commit first degree sexual assault,burglary, and entering a dwelling house with intent to commit murder, robbery,sexual assault, or larceny.
(2) "Expungement of records and records of conviction" meansthe sealing and retention of all records of a conviction and/or probation andthe removal from active files of all records and information relating toconviction and/or probation.
(3) "First offender" means a person who has been convicted ofa felony offense or a misdemeanor offense, and who has not been previouslyconvicted of or placed on probation for a felony or a misdemeanor and againstwhom there is no criminal proceeding pending in any court.
(4) "Law enforcement agency" means a state policeorganization of this or any other state, the enforcement division of thedepartment of environmental management, the office of the state fire marshal,the capitol police, a law enforcement agency of the federal government, and anyagency, department, or bureau of the United States government which has as oneof its functions the gathering of intelligence data.
(5) "Records" and "records of conviction and/or probation"include all court records, all records in the possession of any state or localpolice department, the bureau of criminal identification and the probationdepartment, including, but not limited to, any fingerprints, photographs,physical measurements, or other records of identification. The terms "records"and "records of conviction, and/or probation" do not include the records andfiles of the department of attorney general which are not kept by the bureau ofcriminal identification in the ordinary course of the bureau's business.