US Lawyer Database

§ 16-90-1404. Definitions

As used in this subchapter: (1) “Completion of a person’s sentence” means that the person, after being found guilty: (A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court; (B) Served any time in county or […]

§ 16-90-1406. Felony convictions eligible for sealing

(a) Unless prohibited under § 16-90-1408, a person may petition a court to seal a record of a conviction immediately after the completion of the person’s sentence for: (1) A nonviolent Class C felony or nonviolent Class D felony; (2) An unclassified felony; (3) An offense under § 5-64-401 et seq. that is a Class […]

§ 16-90-1408. Felony convictions ineligible for sealing

(a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter: (1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406; (2) Manslaughter, § 5-10-104; (3) An unclassified felony if the maximum sentence of imprisonment for the […]

§ 16-90-1409. Sealing records of arrests

(a) A person may petition a district court or circuit court to seal a record of a prior arrest if charges have not been filed by the prosecuting attorney within one (1) year of the date of the arrest. (b) The petition shall be filed in the county in which the arrest was made.

§ 16-90-1413. Procedure for sealing of records

(a) (1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed. (2) […]