Felony convictions ineligible for sealing

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  1. (a) A record of a conviction of any of the following offenses is not eligible to be sealed under this subchapter:

    1. (1) A Class Y felony, Class A felony, or Class B felony, except as provided in § 16-90-1406;

    2. (2) Manslaughter, § 5-10-104;

    3. (3) An unclassified felony if the maximum sentence of imprisonment for the unclassified felony is more than ten (10) years;

    4. (4) A felony sex offense;

    5. (5) A felony involving violence under § 5-4-501(d)(2); and

    6. (6) A felony for which a person served any portion of his or her sentence as an inmate in the Division of Correction.

  2. (b)

    1. (1) A felony traffic offense committed in any type of motor vehicle if the person was a holder of a commercial learner's permit or commercial driver license at the time the felony offense was committed is not eligible for sealing under this subchapter.

    2. (2) As used in this subsection, “traffic offense” does not include a parking violation, vehicle weight violation, or vehicle defect violation.


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