Title 17, Chapter 8, Section 6
( 17-8-6)
(a) Any judge of a municipal court of any municipality of this state
or any judge hearing cases for any such court wherein a municipal
court is a court of first instance in criminal cases shall have the
authority to seal, to all persons except criminal justice officials,
all criminal records of the municipality, including, but not limited
to, records of arrest, fingerprints, and photographs, whether
maintained in the police agency of the municipality or elsewhere in
the municipality, related to any individual, upon a finding by such
a judge that one of the following conditions exists: (1) When, upon the call of a case for trial, criminal charges
against the individual are dismissed either: (A) Upon the motion of the arresting officer; or (B) Because of the lack of prosecution of such charges by the
arresting officer or the municipality; or (2) When criminal charges against the individual are the subject
of a pretrial disposition by the municipal prosecutor, provided
that the terms and conditions of the pretrial disposition are
satisfied. (b) Any order sealing the records of an individual, as provided for
in subsection (a) of this Code section, shall in no way constitute
an adjudication of any illegal or wrongful action on the part of the
arresting officer or the municipality. |