(a) (1) The court may discharge the defendant from probation at any time; or
(2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her.
(b) (1) Subject to the provisions of §§ 5-4-501 -- 5-4-504, a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
(2) This subsection does not apply if:
(A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq.; and
(B) The victim was under eighteen (18) years of age.
Section: Previous 16-93-302 16-93-303 16-93-304 16-93-305 16-93-306 16-93-307 16-93-308 16-93-309 16-93-310 16-93-311 16-93-312 16-93-313 16-93-314Last modified: November 15, 2016