(a) The Court may expunge the record of a misdemeanor conviction of an individual, including finger prints, photographs, and DNA samples, and records of other police or judicial proceedings of the individual, upon the petition of the individual and subject to the provisions of this chapter and rules of the Court. Any person wishing to have his record of misdemeanor conviction expunged must petition the Court and send a copy of the Petition to the Department of Justice.
(b) The Department of Justice has the burden of proving by clear and convincing evidence that a Petition for Expungement should not be granted. The Court shall grant the Petition for Expungement, if the Department of Justice fails to meet its burden.