77-18-13. Hearing -- Standard of proof -- Exception.
(1) The court shall review the petition, certificate of eligibility, and any written evaluation
and receive any testimony or writing submitted by a victim or prosecuting attorney.
(2) The court shall issue a certificate to the petitioner, stating the court's finding that the
petition and certificate of eligibility are sufficient and the statutory requirements for expungement
have been satisfied unless there is clear and convincing evidence to persuade the court that it
would be contrary to the interest of the public to grant a requested expungement.
(3) Except as otherwise provided by law, a person receiving expungement of a conviction
under this section may respond to any inquiry as though the conviction did not occur.
Amended by Chapter 35, 1996 General Session
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Last revised: Thursday, May 28, 2009