§ 12-1.3-3 - Motion for expungement – Notice – Hearing – Criteria for granting.
SECTION 12-1.3-3
§ 12-1.3-3 Motion for expungement –Notice – Hearing – Criteria for granting. – (a) Any person filing a motion for expungement of the records of his or herconviction pursuant to § 12-1.3-2 shall give notice of the hearing dateset by the court to the department of the attorney general and the policedepartment which originally brought the charge against the person at least ten(10) days prior to that date.
(b) The court, after the hearing at which all relevanttestimony and information shall be considered, may in its discretion order theexpungement of the records of conviction of the person filing the motion if itfinds:
(1) That in the five (5) years preceding the filing of themotion, if the conviction was for a misdemeanor, or in the ten (10) yearspreceding the filing of the motion if the conviction was for a felony, thepetitioner has not been convicted nor arrested for any felony or misdemeanor,there are no criminal proceedings pending against the person, and he or she hasexhibited good moral character;
(2) That the petitioner's rehabilitation has been attained tothe court's satisfaction and the expungement of the records of his or herconviction is consistent with the public interest.
(c) If the court grants the motion, it shall, after paymentby the petitioner of a one hundred dollar ($100) fee to be paid to the courtorder all records and records of conviction relating to the conviction expungedand all index and other references to it deleted. A copy of the order of thecourt shall be sent to any law enforcement agency and other agency known byeither the petitioner, the department of the attorney general, or the court tohave possession of the records. Compliance with the order shall be according tothe terms specified by the court.