Record sealing upon completion

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  1. (a) A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if:

    1. (1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program judge;

    2. (2) The pre-adjudication probation program judge has received a recommendation from the prosecuting attorney for sealing and dismissal of the case; and

    3. (3) The pre-adjudication probation program judge, after considering the past criminal history of the participant in the pre-adjudication probation program, determines that sealing and dismissal of the case is appropriate.

  2. (b) Unless otherwise ordered by the pre-adjudication probation program court, sealing under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.


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