§ 12-1-12.1 Motion for sealing of recordsof persons acquitted or otherwise exonerated. – (a) Any person who is acquitted or otherwise exonerated of all counts in acriminal case, including, but not limited to, dismissal or filing of a no truebill or no information, may file a motion for the sealing of his or her courtrecords in the case, provided, that no person who has been convicted of afelony shall have his or her court records sealed pursuant to this section.
(b) Any person filing a motion for sealing his or her courtrecords pursuant to this section shall give notice of the hearing date set bythe court to the department of the attorney general and the police departmentwhich originally brought the charge against the person at least ten (10) daysprior to the hearing.
(c) If the court, after the hearing at which all relevanttestimony and information shall be considered, finds that the person isentitled to the sealing of the records, it shall order the sealing of the courtrecords of the person in that case.
(d) The clerk of the court shall, within forty-five (45) daysof the order of the court granting the motion, place under seal the courtrecords in the case in which the acquittal, dismissal, no true bill, noinformation or other exoneration has been entered.
(e) Notwithstanding any other provision of this section, inall cases involving a filing subsequent to a plea of not guilty, guilty or nolocontendere to a charge of a crime involving domestic violence, the court havingjurisdiction over the case shall retain the records of the case for a period ofthree (3) years from the date of filing. The records shall not be expunged,sealed, or otherwise destroyed for a period of three (3) years from the date ofthe filing.
§ 12-1-12.1 Motion for sealing of recordsof persons acquitted or otherwise exonerated. – (a) Any person who is acquitted or otherwise exonerated of all counts in acriminal case, including, but not limited to, dismissal or filing of a no truebill or no information, may file a motion for the sealing of his or her courtrecords in the case, provided, that no person who has been convicted of afelony shall have his or her court records sealed pursuant to this section.
(b) Any person filing a motion for sealing his or her courtrecords pursuant to this section shall give notice of the hearing date set bythe court to the department of the attorney general and the police departmentwhich originally brought the charge against the person at least ten (10) daysprior to the hearing.
(c) If the court, after the hearing at which all relevanttestimony and information shall be considered, finds that the person isentitled to the sealing of the records, it shall order the sealing of the courtrecords of the person in that case.
(d) The clerk of the court shall, within forty-five (45) daysof the order of the court granting the motion, place under seal the courtrecords in the case in which the acquittal, dismissal, no true bill, noinformation or other exoneration has been entered.
(e) Notwithstanding any other provision of this section, inall cases involving a filing subsequent to a plea of not guilty, guilty or nolocontendere to a charge of a crime involving domestic violence, the court havingjurisdiction over the case shall retain the records of the case for a period ofthree (3) years from the date of filing. The records shall not be expunged,sealed, or otherwise destroyed for a period of three (3) years from the date ofthe filing.
§ 12-1-12.1 Motion for sealing of recordsof persons acquitted or otherwise exonerated. – (a) Any person who is acquitted or otherwise exonerated of all counts in acriminal case, including, but not limited to, dismissal or filing of a no truebill or no information, may file a motion for the sealing of his or her courtrecords in the case, provided, that no person who has been convicted of afelony shall have his or her court records sealed pursuant to this section.
(b) Any person filing a motion for sealing his or her courtrecords pursuant to this section shall give notice of the hearing date set bythe court to the department of the attorney general and the police departmentwhich originally brought the charge against the person at least ten (10) daysprior to the hearing.
(c) If the court, after the hearing at which all relevanttestimony and information shall be considered, finds that the person isentitled to the sealing of the records, it shall order the sealing of the courtrecords of the person in that case.
(d) The clerk of the court shall, within forty-five (45) daysof the order of the court granting the motion, place under seal the courtrecords in the case in which the acquittal, dismissal, no true bill, noinformation or other exoneration has been entered.
(e) Notwithstanding any other provision of this section, inall cases involving a filing subsequent to a plea of not guilty, guilty or nolocontendere to a charge of a crime involving domestic violence, the court havingjurisdiction over the case shall retain the records of the case for a period ofthree (3) years from the date of filing. The records shall not be expunged,sealed, or otherwise destroyed for a period of three (3) years from the date ofthe filing.
