Sealing of records for a pardoned person — Pardons for youthful felony offenders

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  1. (a)

    1. (1) The Governor shall notify the court upon issuing a pardon, and the court shall issue an order sealing the record of a conviction of the person pardoned.

    2. (2) The record of a conviction relating to the conviction of a person pardoned before July 15, 1991, shall be sealed upon the filing of a copy of the pardon with the court by the person.

    3. (3) This section does not apply to a pardon issued for:

      1. (A) Any offense in which the victim is a person under eighteen (18) years of age;

      2. (B) A sex offense; or

      3. (C) An offense resulting in death or serious physical injury.

  2. (b) A person shall have his or her record of a conviction sealed by the court if the person:

    1. (1) Committed a felony in this state while under sixteen (16) years of age;

    2. (2) Was convicted and given a suspended sentence;

    3. (3) Received a pardon for the conviction; and

    4. (4) Has not been convicted of another criminal offense.

  3. (c) This section does not prevent a person from requesting that his or her criminal record be sealed under § 16-90-1405 or § 16-90-1406.


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