A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children's Code, or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department and any other agency in the case expunged, and if requested in the motion the court shall also order law enforcement files and records expunged. An order expunging records and files shall be entered if the court finds that:
(1) two years have elapsed since the final release of the individual from legal custody and supervision or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and
(2) the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending seeking such a conviction or finding.
B. Reasonable notice of the motion shall be given to:
(1) the children's court attorney;
(2) the authority granting the release if the final release was from an agency, parole or probation;
(3) the law enforcement officer, department and central depository having custody of the law enforcement files and records if those records are included in the motion; and
(4) any other agency having custody of records or files subject to the expungement order.
C. Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. Copies of the expungement order shall be sent to each agency or official named in the order.
D. Any finding of delinquency or conviction of a crime, subsequent to the expungement order may at the court's discretion be used by the court as a basis to set aside the expungement order.
E. A person who has been the subject of a petition filed under the Children's Code shall be notified of the right to have records expunged.
History: 1978 Comp., § 32A-3B-21, enacted by Laws 1993, ch. 77, § 93.
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