Sealing records of nolle prosequi, dismissed cases, or cases when the disposition is an acquittal

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  1. (a) A person may petition to seal the records of a case in which there was for any reason:

    1. (1) Entry of an order nolle prosequi upon motion of the prosecuting attorney after one (1) year has passed since the date of the entry of the order nolle prosequi;

    2. (2) Entry of an order of dismissal;

    3. (3) An acquittal, unless that acquittal was for reason of mental disease or defect under § 5-2-301 et seq.; or

    4. (4) A decision by the prosecuting attorney not to file charges.

  2. (b) The petition shall be filed in the court in which the order nolle prosequi or order of dismissal was entered.


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