As used in this subchapter:
(1) "Completion of a person's sentence" means that the person, after being found guilty:
(A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court;
(B) Served any time in county or regional jail, a Department of Community Correction facility, or a Department of Correction facility in full; and
(C) If applicable:
(i) Has been discharged from probation or parole;
(ii) Completed any suspended sentence;
(iii) Paid any court-ordered restitution;
(iv) Completed any court-ordered community service;
(v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense;
(vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and
(vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole or probation;
(2) "Conviction":
(A) Includes the following, after the final act of judgment:
(i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense;
(ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial;
(iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere;
(iv) A sentence of supervised probation on a felony charge;
(v) A suspended imposition of sentence, as defined in § 16-93-1202, with a fine;
(vi) A sentence under § 16-93-1201 et seq.;
(vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or
(viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and
(B) Does not include:
(i) An order nolle prosequi;
(ii) A suspended imposition of sentence, as defined in § 16-93-1202, with no fine;
(iii) An acquittal for any reason;
(iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed;
(v) A court-ordered probationary period under:
(a) The former § 5-64-413; or
(b) Section 16-93-301 et seq.;
(vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.;
(vii) The entry of a directed verdict by a court at trial; or
(viii) The dismissal of a charge either with or without prejudice;
(3) "Court" means a sentencing district court or sentencing circuit court, unless otherwise specifically identified;
(4) (A) "Seal" means to expunge, remove, sequester, and treat as confidential the record or records in question according to the procedures established by this subchapter.
(B) "Seal" does not include the physical destruction of a record of a conviction unless this subchapter requires the physical destruction of the record of a conviction;
(5) "Sentence" means the outcome formally entered by a court upon a person in criminal proceedings;
(6) "Sex offense" means:
(A) The same as defined in § 12-12-903; and
(B) A felony offense repealed by Acts 2001, No. 1738;
(7) "Uniform order" means a uniform order to seal a record described in § 16-90-1414; and
(8) "Uniform petition" means a uniform petition to seal a record described in § 16-90-1414.
Section: Previous 16-90-1402 16-90-1403 16-90-1404 16-90-1405 16-90-1406 16-90-1407 16-90-1408 16-90-1409 16-90-1410 16-90-1411 16-90-1412 16-90-1413 16-90-1414 16-90-1415 NextLast modified: November 15, 2016