§ 16-90-1405 — Eligibility to file a uniform petition to seal a misdemeanor offense or violation

(a) A person is eligible to file a uniform petition under this subchapter to seal his or her record of a misdemeanor or violation immediately after: (1) The completion of his or her sentence for the misdemeanor or violation, including full payment of restitution; (2) Full payment of court costs; (3) Full payment of driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest or conviction for the misdemeanor or violation; and (4) The completion of all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest or conviction for the misdemeanor or violation. (b) There is not a limit to the number of times a person may file a uniform petition to seal his or her record of a misdemeanor or violation, except that the person may not file: (1) A new uniform petition to seal one (1) of the following criminal offenses until after a period of five (5) years has elapsed since the completion of the person's sentence for the conviction: (A) Negligent homicide, § 5-10-105 , if it was a Class A misdemeanor; (B) Battery in the third degree, § 5-13-203 ; (C) Indecent exposure, § 5-14-112 ; (D) Public sexual indecency, § 5-14-111 ; (E) Sexual assault in the fourth degree, § 5-14-127 ; or (F) Domestic battering in the third degree, § 5-26-305 ; (2) A new uniform petition to seal a misdemeanor violation of driving or boating while intoxicated, § 5-65-103 , until after the applicable lookback periods under § 5-65-111 have elapsed; (3) A new uniform petition to seal a criminal offense listed in subdivisions (b)(1)(A)-(F) or subdivision (b)(2) of this section before one (1) year from the date of the order denying the previous uniform petition; (4) A new uniform petition to seal a misdemeanor or violation before ninety (90) days from the date of an order denying a uniform petition to seal the misdemeanor or violation; (5) A new uniform petition to seal a misdemeanor or violation under this section if an appeal of a previous denial of a uniform petition to seal a misdemeanor or violation for the same misdemeanor or violation is still pending; or (6) A new uniform petition to seal a misdemeanor or violation under this section if: (A) The person was a holder of a commercial driver license or commercial learner's permit at the time the misdemeanor or violation was committed; and (B) The misdemeanor or violation was a traffic offense, other than a parking violation, vehicle weight violation, or vehicle defect violation, committed in any type of motor vehicle. (c) Except as provided in subsection (b) of this section, a person is eligible to file a uniform petition to seal a misdemeanor or violation under this section even if his or her misdemeanor or violation occurred before January 1, 2014.

Legislative History

Amended by Act 2021, No. 1037,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 680,§ 1A, eff. 7/24/2019. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.