45.0142 Records of court proceedings-Petition for expungement.

Cite as [A.S.C.A. § 45.0142]

(a) Any person who has been adjudicated under paragraph (a)(l) or (a)(2) of 45.0115, who was handled under paragraph (3) of 45.0302, or who was the subject of a petition dismissed under subsection (b) of 45.0332 may petition the Court for the expungement of his record and shall be so informed at the time of adjudication, or the Court, on its own motion or on the motion of the juvenile officer, may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the Court. Except as otherwise provided in this section, the petition shall be filed or the Court order entered no sooner than 2 years after the date of termination of the Court’s jurisdiction over the person, or 2 years after his unconditional release from parole supervision, if he had been committed to the Corrections Bureau. Only by stipulation of all parties involved may expungement be applied for prior to the expiration of 2 years from the date of termination of the Court’s jurisdiction or termination of the Court’s supervision under an informal adjustment.

(b) Upon the filing of a petition or entering of a Court order, the Court shall set a date for a hearing and shall notify the Attorney General and anyone else whom the Court has reason to believe may have relevant information related to the expungement of the record.

(c) The Court shall order sealed all records in the petitioner’s case in the custody of the Court and any records in the custody of any other agency or official, including the records specified in 45.0206 and 45.0207 if at the hearing the Court finds that:

(1) the subject of the hearing has not been convicted of a felony or of a misdemeanor or has not been adjudicated under paragraph (a)(l) of 45.0115 since the termination of the court’s jurisdiction or his unconditional release from parole supervision;

(2) no proceeding concerning a felony, a misdemeanor, or a petition under paragraph (a)(l) of 45.0115 is pending or being instituted against him; and

(3) the rehabilitation of the person has been attained to the satisfaction of the court.

(d) Upon the entry of an order to seal the records, the proceedings on the case are con-sidered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter.

(e) Copies of the order are sent to each agency or official named in it.

(f) Inspection of the records included in the order may afterward be permitted by the Court only upon petition by the person who is the subject of the records and only to those persons named in the petition.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-1-111.