Expungement 

Section 37.  Expungement of records of criminal violations pertaining solely to marijuana.

 

A person convicted prior to [the effective date of this act] of possession of marijuana in violation of 45-9-102, distribution of marijuana in violation of 45-9-101, possession with intent to distribute marijuana in violation of 45-9-103, criminal possession of marijuana paraphernalia in violation of 45-10-103, or any other offense that is no longer a crime pursuant to [sections 1 through 40] may apply to the court of conviction for an expungement order. The court shall grant an expungement order under subsection upon a finding that the applicant is eligible for the expungement.

 

A copy of the order must be sent by the person whose records are to be expunged to the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, the clerk of the court in which the person was sentenced, and the department of justice, along with a form prepared by the department of justice that contains identifying information about the petitioner.

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