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A person can petition to seal records from a criminal case in which all charges were completely dismissed and can do so immediately.  A person can also immediately petition to seal in any criminal case in which they were completely acquitted at trial (found not guilty of all charges). However, in any case in which they entered into a diversion or deferred judgment, petitioner would have to wait the required time period. Lastly, in any uncharged cases, the petitioner would have to wait until the longest possible statute of limitations completely expired (run out for the uncharged offenses).

A petition to file to seal a conviction for a dismissed case can only be filed once each twelve month period. A petition to file to seal records may not be sealed if, an offense was not charged pursuant to a plea agreement in another case, if the case was dismissed entirely pursuant to a plea agreement in another case or if the person seeking to seal the records, still owes court costs, fines or restitution. In other words, the person seeking to seal their records must be completed with the case and cannot still owe money.

The general rule is that a person cannot seal the record of a completed deferred judgment and sentence that was deferred as a part of a plea bargain in another case. However, a person may still petition to seal records if they are records of official actions involving a case that was dismissed pursuant to a plea agreement in another case, if

1.       10 years have passed since final disposition of all criminal proceedings against the petitioner, AND    

2.       The petitioner has not been charged for a criminal offense in the 10 years since the date of final disposition of all criminal proceedings. The petitioner filing to seal the records is also responsible for obtaining and paying for a verified copy of their criminal history.

EXCEPTIONS

                This section does not apply to class 1 or class 2 misdemeanor traffic offenses, class A or class B traffic infractions, convictions for DUI/DWAI or for any conviction for an offense involving unlawful sexual behavior as defined in §16-22-102(9). A person may still petition to seal records for DUI/DWAI charges that were completely dismissed or in which they were acquitted at trial.

This section also does not apply to records pertaining to a conviction of an offense concerning the holder of a commercial driver’s license as in §42-2-402, or the operator of a commercial vehicle as defined in §42-4-402. 

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