Removal of certain records where disposition of case favorable to accused.
1. If a person has been arrested or issued a citation, or has been the subject of a warrant for alleged criminal conduct and the person is acquitted of the charge or the disposition of the charge is favorable to the person, at any time after the charge is dismissed, acquittal is entered or disposition of the charge in favor of the person is final, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the Central Repository and the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person.
2. The Central Repository and the agency shall remove the record unless:
(a) The defendant is a fugitive;
(b) The case is under active prosecution according to a current certificate of a prosecuting attorney;
(c) The disposition of the case was a deferred prosecution, plea bargain or other similar disposition;
(d) The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States; or
(e) The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, since the arrest, citation or warrant which he seeks to have removed from the record.
3. This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event.
Last modified: February 25, 2006