(a) Any person who is acquitted or otherwise exonerated of all counts in a criminal
case, including, but not limited to, dismissal or filing of a no true bill or no information,
may file a motion for the sealing of his or her court records in the case.
(b) Any person filing a motion for sealing his or her court records pursuant to this
section shall give notice of the hearing date set by the court to the department of
the attorney general and the police department that originally brought the charge
against the person at least ten (10) days prior to the hearing.
(c) If the court, after the hearing at which all relevant testimony and information
shall be considered, finds that the person is entitled to the sealing of the records,
it shall order the sealing of the court records of the person in that case.
(d) The clerk of the court shall, within forty-five (45) days of the order of the
court granting the motion, place under seal the court records in the case in which
the acquittal, dismissal, no true bill, no information, or other exoneration has been
(e) Notwithstanding any other provision of this section, in all cases involving a
filing subsequent to a plea of not guilty, guilty, or nolo contendere to a charge
of a crime involving domestic violence, the court having jurisdiction over the case
shall retain the records of the case for a period of three (3) years from the date
of filing. The records shall not be expunged or sealed for a period of three (3) years from
the date of the filing.
(f) The defendant shall be advised at the hearing that any and all bail money relating
to a case that remains on deposit and is not claimed at the time of sealing shall
be escheated to the state's general treasury in accordance with chapter 12 of title
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