People with multiple felony convictions can ask to seal records

People may ask the court where they were convicted to seal eligible felony records and remove them from public view. This route covers people with two to four felony convictions. After a successful request, they cannot return to seal remaining felony convictions. People convicted of crimes of violence or other listed prohibited offenses cannot use this route. The prohibited list includes weapons offenses, child abuse, and human trafficking. Offenses covered by chapter 29 of title 12 and sections 31-27-2 and 31-27-2.1 are also excluded. The person must have no felony or misdemeanor arrests or convictions in the preceding 15 years, no pending criminal cases, and good character. The judge must find that the person has been rehabilitated and that sealing serves the public interest. People may apply 15 years after completing their last sentence. The law takes effect upon passage.

People with two to five misdemeanor convictions may ask the court where they were convicted to seal any or all eligible misdemeanor records. This route covers two to five misdemeanor convictions. The wording leaves unclear whether all prior felony convictions block eligibility or only violent or otherwise prohibited felony convictions. Offenses covered by chapter 29 of title 12 and sections 31-27-2 and 31-27-2.1 are excluded. The person must have no felony or misdemeanor arrests or convictions in the preceding 10 years, no pending criminal cases, and good character. The judge must find that the person has been rehabilitated and that sealing serves the public interest. The person must wait 10 years after completing their last sentence.

Judges may weigh a person’s life and progress since conviction when deciding whether to seal records. These considerations apply when judges review requests to seal conviction records under this section. No single factor may decide the outcome. The judge must find that the person has been rehabilitated and that sealing serves the public interest.