§ 10A-2-5-213 — Pardon by Governor — Motion to set aside conviction —

Release from penalties, destruction of records. A. Upon the motion of a person who has been adjudicated and sentenced as a youthful offender and who has been subsequently transferred to the adult system pursuant to Section 10 of this act, with the recommendation of the sentencing court, the Governor may grant a full and complete pardon and restore citizenship to any person who has been convicted and sentenced as an adult and who has completed the sentence or been discharged from parole. B. Upon the motion of a person convicted as a youthful offender, and three (3) years after the expiration of the sentence of the youthful offender, the court may set aside the conviction if: 1. The court has previously found that the person has reasonably complied with the rehabilitation plan and objectives; 2. The person was discharged from supervision by the Office of Juvenile Affairs, or was granted early discharge from such supervision by the court; or 3. The person has completed the sentence imposed as a result of his first conviction as a youthful offender and has no subsequent convictions. If a conviction is set aside pursuant to this subsection, the youthful offender shall thereafter be released from all penalties and disabilities resulting from the offense for which such person was convicted, including but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law. The court may in addition order any law enforcement agency over whom the court has jurisdiction to produce all files and records pertaining to said arrest and conviction of the youthful offender and shall order the clerk of the court to destroy the entire file and record of the case, including docket sheets, index entries, court records, summons, warrants or records in the office of the clerk or which have been produced by a law enforcement agency in which the name of the youthful offender is mentioned. The court may order probation officers and counselors to destroy all records, reports, and social and clinical studies relating to said youthful offender that are in their possession except when said documents are necessary to maintain state or federal funding.

Legislative History

Added by Laws 1994, c. 290, § 29, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 175, eff. July 1, 1997. Renumbered from § 1507.26 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2000, c. 373, § 9, eff. July 1, 2000; Laws 2006, c. 286, § 10, eff. July 1, 2006; Laws 2009, c. 234, § 91, emerg. eff. May 21, 2009. Renumbered from § 7306-2.12 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009. Amended by Laws 2022, c. 375, § 12, eff. Nov. 1, 2022. NOTE: Laws 1996, c. 247, § 48 amended the effective date of Laws 1995, c. 352, § 175 from July 1, 1996, to July 1, 1997.