§ 12-1.3-4 - Effect of expungement of records – Access to expunged records – Wrongful disclosure.
SECTION 12-1.3-4
§ 12-1.3-4 Effect of expungement ofrecords – Access to expunged records – Wrongful disclosure. –(a) Any person having his or her record expunged shall be released from allpenalties and disabilities resulting from the crime of which he or she had beenconvicted, except, upon conviction of any subsequent crime, the expungedconviction may be considered as a prior conviction in determining the sentenceto be imposed.
(b) In any application for employment, license, or othercivil right or privilege, or any appearance as a witness, a person whoseconviction of a crime has been expunged pursuant to this chapter may state thathe or she has never been convicted of the crime; provided, that if the personis an applicant for a law enforcement agency position, for admission to the barof any court, an applicant for a teaching certificate, under chapter 11 oftitle 16, a coaching certificate under § 16-11.1-1, or the operator oremployee of an early childhood education facility pursuant to chapter 48.1 oftitle 16, the person shall disclose the fact of a conviction.
(c) Whenever the records of any conviction and/or probationof an individual for the commission of a crime have been expunged under theprovisions of this chapter, any custodian of the records of conviction relatingto that crime shall not disclose the existence of the records upon inquiry fromany source unless the inquiry is that of the individual whose record wasexpunged, that of a sentencing court following the conviction of the individualfor the commission of a crime, or that of a bar admission, character andfitness, or disciplinary committee, board, or agency, or court which isconsidering a bar admission, character and fitness, or disciplinary matter, orthat of the commissioner of elementary and secondary education, or that of anylaw enforcement agency when the nature and character of the offense with whichan individual is to be charged would be affected by virtue of the person havingbeen previously convicted of the same offense.
(d) The custodian of any records which have been expungedpursuant to the provisions of this chapter shall only release or allow accessto those records for the purposes specified in subsections (b) or (c) of thissection or by order of a court. Any agency and/or person who willfully refusesto carry out the expungement of the records of conviction pursuant to §12-1.3-2, or this section or willfully releases or willfully allows access torecords of conviction, knowing them to have been expunged, shall be civillyliable.