(a)An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual’s most recent conviction of a felony or misdemeanor in any jurisdiction, or not sooner than five years after the individual’s release from incarceration pursuant to a criminal sentence in any jurisdiction, whichever is later. The individual seeking restoration of rights shall provide the prosecutor’s office with notice of his or her petition.
(b)Except as otherwise provided in section 8012 of this title, the court may issue a certificate of restoration of rights if, after reviewing the petition, the individual’s criminal history, any filing by a victim under section 8015 of this title or a prosecuting atto
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(a) An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual’s most recent conviction of a felony or misdemeanor in any jurisdiction, or not sooner than five years after the individual’s release from incarceration pursuant to a criminal sentence in any jurisdiction, whichever is later. The individual seeking restoration of rights shall provide the prosecutor’s office with notice of his or her petition.
(b) Except as otherwise provided in section 8012 of this title, the court may issue a certificate of restoration of rights if, after reviewing the petition, the individual’s criminal history, any filing by a victim under section 8015 of this title or a prosecuting attorney, and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that:
(1) the individual is engaged in or seeking to engage in a lawful occupation or activity, including employment, training, education, or rehabilitative programs, or the individual otherwise has a lawful source of support;
(2) the individual is not in violation of the terms of any criminal sentence or that any failure to comply is justified, excused, involuntary, or insubstantial;
(3) a criminal charge is not pending against the individual; and
(4) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or to any individual.
(c) A certificate of restoration of rights must specify any restriction imposed and mandatory sanction from which relief has not been granted under section 8013 of this title.
(d) A certificate of restoration of rights relieves all mandatory sanctions, except those listed in section 8012 of this title and any others specifically excluded in the certificate.
(e) If a mandatory sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in section 8008 of this title. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)