Effective Jan. 1, 2021, a person serving a sentenceor who has completed a sentencefor a marijuana act legalized or punishable by a lesser sentence under the 2020 marijuana ballot initiatives (CI-118; I-190)(no more than one ounce for personal use) may petition the sentencing court for an expungement, resentencing, and/or redesignation, and is presumptively eligible for relief. 554, L. 1991; amd. He must pay restitution of $2,000 jointly with Swisse. 198, L. 1981; amd. 46-23-316. Sec. He was fined $805 and must pay restitution of $500 for illegally killing a mule deer buck. In recent months Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx has wrapped up several cases involving hunting violations committed in Montana. William Andrew Condon: Felony issuing a bad check in excess of $5,000, deferred imposition of sentence. in a community corrections facility or program as provided in 53-30-321; (i)with the approval of the prerelease center or prerelease program and confirmation Frequency of grantsH. In Ulrich, the Montana Supreme Court upheld the finding of a hearing examiner that a conviction for forgery and theft did not relate[] to the public health, welfare, and safety as it applies to the occupation of mortician, and that the applicant in that case was sufficiently rehabilitated so as to warrant the public trust. 961 P.2d at 134. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 105, L. 1991; amd. 16-6-305. Admin. If you answer yes, you must submit a detailed explanation of the events AND the charging . Code Ann. Mont. Sec. 309, L. 2013; amd. The Supreme Court agreed, reversed Defendant's sentence, and remanded for resentencing, holding that Defendant received ineffective assistance of counsel at sentence when her counsel failed to cite the Alternative Sentencing Authority, Mont. In addition, Baier must forfeit one mounted trophy mule deer buck, one mounted mountain lion, and any parts of two turkeys, paddlefish, elk calves, two whitetail does, a mountain lion and a mule deer buck. Nine of those pardons came during his first term in office. Sec. DUI -- one year in jail, all suspended. court did not sentence Yates in accordance with the parties' joint recommendation for a four-year deferred imposition of sentence. Thecommission recommends their use for judicial economy and to improve the conformity of process across the State of Montana. Source: Montana Board of Pardons and Parole. drugs was a contributing factor in the commission of the crime regardless of whether Felony theft, dismissed by court. 189, L. 1983; amd. Code Ann. 4, Ch. Sec. Nelsons plea agreement dismissed five misdemeanors, including failure to tag a game animal, failure to obtain landowner permission for hunting, obstructing a peace officer and unlawful use of a vehicle to hunt or harass a game animal. Get free summaries of new Montana Supreme Court opinions delivered to your inbox! factor in the commission of the crime or for a violation of any statute involving The investigation took about five years to conclude. Dismissal after deferred imposition. report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the date of remission, commutation, pardon, or respite, with the reason for granting the same, and the objection, if any, of any of the members of the board made to the action. Copyright 2023, Thomson Reuters. Governor Steve Bullock has granted only three full pardons since taking office in January 2013 while denying 81 (through the Board has recommended several others). Sec. 147, L. 1987; amd. program; or. Sec. EffectE. 306 0 obj
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See 46-18-801(2).1. He will forfeit hunting privileges for that period. The Supreme Court agreed and remanded for resentencing, holding that the district court erred by sentencing Defendant to a four-year suspended sentence instead of deferring imposition of sentence. Mont. Sec. %PDF-1.6
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On March 20, 2015, Governor Steve Bullock signed HB 43 converting the Boards role in clemency cases to an advisory one. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. In such cases, the sentencing court shall impose lifetime supervision as part of sentence imposed, for the purpose of restricting the persons right to purchase and possess firearms. 45-8-314(1). Hello, I had a deferred imposition of sentence for a criminal endangerment charge in Montana in 2004, this charge was deferred for 3 years. Code Ann. Get free summaries of new Montana Supreme Court opinions delivered to your inbox! II, 28. It is unlawful and punishable, as provided in 61-8-442, 61-8-714, and 61-8-731 through 61- 8-734, for a person who is under the influence of: See also Mont. The eligibility period for cases in which expungement is presumed runs from completion of sentence including payment of any financial obligations or successful completion of court-ordered treatment. 46-18-1107(1). The Supreme Court affirmed in part and reversed in part the judgment of the district court sentencing Defendant to a net five-year suspended term of commitment to the Montana Department of Corrections and a $15,000 fine for her convictions for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia, holding that the 2, Ch. Sec. 1998). Montana's law on selling or furnishing alcohol to minors. A criminal justice agency may not maintain any copies of the individuals fingerprints or photographs related to that charge or invalidated conviction. Code Ann. You Have a Deferred Imposition of Sentence You must follow these steps to get your conviction removed from your record. Three weeks before your deferment ends: If you need it, get your driving record You must pay for it. The Board has seven members. 55, L. 2015; amd. Sheila Kay Corwin, 52, 20 hours community service, $30 administrative fees-general, $25 costs, $25 victim/witness fee, five days . For crimes for which expungement is not presumed, expungement may be granted after a hearing, in which the court must consider the petitioners age at the time the offense was committed, the length of time between the offense and the request, the rehabilitation of the petitioner, [] the likelihood that the person will reoffend, and any . Schallock also posted bond on a Garfield County, Montana obstruction charge in exchange for dropping possession charges. There is no comparable authority to seal non-conviction court records, and 44-5-202(8) does not appear to limit public access to court records. Montana's Driving Under the Influence of Substances Law 61-8-401. This site is protected by reCAPTCHA and the Google. Juvenile recordsIV. 14 McDanold argues that, under 1999 amendments to 46-18-201, MCA, restitution may be imposed only . (iii)The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply to violations of 45-6-301 if the amount of restitution ordered exceeds $50,000. may include: (i)a fine as provided by law for the offense; (ii)payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113; (iii)a term of incarceration, as provided in Title 45 for the offense, at a county Sec. ` -
Last updated: January 15, 2022. Code Ann. 1997), its provisions may be incorporated by reference into particular licensing statutes, Ulrich v. State ex rel. Criminal record in employment & licensing. The sentencing judge shall state as part of the sentence and the judgment the reasons a longer suspended sentence is needed to protect society or the victim. Sec. Fax:406.846.3512 Plea deal for Sidney man reduces 41 charges to 14. 125, L. 1995; amd. Sec. 1, Ch. hbbd```b``/d7diL`,BDe'I+H"I~sd3L$ 0 @F
On March 20, 2015, Governor Steve Bullock signed HB 43 converting the Boards role in clemency cases to an advisory one. 61, L. 2017; amd. He may also direct the Board to conduct an investigation when it has declined to do so. 2-15-2302(2). The legislature finds that the process of licensure will be strengthened by instituting an effective mechanism for obtaining accurate public information regarding a license applicants criminal background. 1, Ch. 1, Ch. that immediately subsequent to sentencing or disposition the offender is released 46-23-104(1), 46-23-301(3). 0
Executive pardon removes all legal consequences of conviction, Mont. Id. 348, L. 2019; amd. KALISPELL, Mont. ContentsI. No licensing authority shall refuse to license a person solely on the basis of a previous criminal conviction; provided, however, where a license applicant has been convicted of a criminal offense and such criminal offense relates to the public health, welfare, and safety as it applies to the occupation for which the license is sought, the licensing agency may, after investigation, find that the applicant so convicted has not been sufficiently rehabilitated as to warrant the public trust and deny the issuance of a license. EmploymentB. While the provision specifying offenses for which expungement will not be presumed does not mention payment of court debt, the Montana Department of Justice interprets both of these statutes to require payment of LFOs to qualify for expungement. (7)In imposing a sentence on an offender convicted of a sexual or violent offense, as defined in 46-23-502, the sentencing judge may not waive the registration requirement provided in Title 46, chapter 23, part 5. Admin. He forfeited the wildlife and his right to hunt, fish or trap for four years, which can be reduced to two years if he completes remedial hunter education. (4) When deferring imposition of sentence or suspending all or a portion of execution of sentence, the sentencing judge may impose on the offender any reasonable restrictions or conditions during the period of the deferred imposition or suspension of sentence. He became Montana governor in 2021. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Report to legislatureG. The contents are merely guidelines for an individual judge. Const. 153, L. 2013; amd. 46-18-801(1), a conviction does not result in loss of civil rights except as provided in the Montana Constitution, or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. A convicted person is ineligible to vote only if serving a sentence for a felony in a penal institution; the right to vote is regained upon release from incarceration. (9)When imposing a sentence under this section that includes incarceration in a detention facility or the state prison, as defined in 53-30-101, the court shall provide credit for time served by the offender before trial or sentencing. Mont. See 46-18-222. %%EOF
Sec. ProcessF. History:En. 12.1-32. must be suspended, except as provided in 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), and 45-5-625(4); or. 1, Ch. 41-5-216(2). He received a deferred imposition of sentence of three years and 30 days. IV, 2. Mont. All are appointed by the Governor, and serve effectively as volunteers. https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-18-201/, Read this complete Montana Title 46. You can explore additional available newsletters here. Sec. 8, Ch. Code Ann. 27, Ch. The sentence is to run consecutive to a sentence Nelson is serving in Richland County in a non-wildlife case. Sec. Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. 524, L. 1985; amd. 46-23-104(1), 46-23-301(3). endstream
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(B)a youth transferred to district court under 41-5-206 and found guilty in the district court of an offense enumerated in 41-5-206 to the department of corrections for a period determined by the court for placement in an appropriate correctional facility or program; (v)chemical treatment of sexual offenders, as provided in 45-5-512, if applicable, that is paid for by and for a period of time determined by the department of corrections, but not exceeding the period of state supervision of the person; (vi)commitment of an offender to the department of corrections with the requirement that immediately subsequent to sentencing or disposition the offender is released to community supervision and that any subsequent violation must be addressed as provided in 46-23-1011 through 46-23-1015; or. for a felony if a financial obligation is imposed as a condition of sentence for either Code Ann. Section 44-5-103 defines criminal justice information as information about individuals collected by criminal justice agencies, which is defined to include courts as well as law enforcement and other executive agencies. IV, 4. 19, Ch. Mark Couture, 51, speeding in a restricted zone, $105. Sec. Sec. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208 : 1, Ch. Follow the directions on the Department of Justice Driving Record website at 375, L. 1997; amd. 205, L. 1985; amd. art. Comply with your sentence 2. Ellsworth did not appeal. Contact us. Dismissal after deferred imposition. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Sec. David Haywood, 51, day speeding, $20. Loss & restoration of civil/firearms rights, IV. He cannot apply for any special license for five years after the forfeiture period. Privacy Rules 4.60. 2, Ch. The change in the Boards authority in 2015 does not appear to have changed this ratio. 1, Ch. Justice Court - Sanders County Ledger Schallock, Sr. also posted bond on an obstructing a peace officer charge in Garfield County, Montana in exchange for dropping possession charges. (b)Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an offender (9)When imposing a sentence under this section that includes incarceration in a detention While the governor is still required by statute to premise action on a Board recommendation, after a hearing, he may grant clemency even if the recommendation is negative. 1, Ch. On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony . He owes restitution of $2,000 for four deer on the felony charge, jointly with Nelson. 6, Ch. In addition, a county sheriff may deny a concealed weapon permit only if the person has been convicted of a crime punishable by a term of imprisonment of more than one year; a violent, sex or drug offense; or a specified gun or substance abuse offenses. . 296 0 obj
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with a recommendation for placement in an appropriate correctional facility or program; For hunting/killing over limit, Brien, Jr. was sentenced to the county jail for six months, all suspended, and fined $500. Sidney men sentenced for unlawful possession of game animals. 1 year; (k)home arrest as provided in Title 46, chapter 18, part 10; (l)payment of expenses for use of a judge pro tempore or special master as provided Code Ann. Sec. The state constitution does not provide for disqualification from jury service, but a statute does. Sec. Code Ann. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown. A fourth misdemeanor count of killing over the limit of antlered elk was dismissed with prejudice. Sec. Admin. 52, L. 1999; amd. (4)When deferring imposition of sentence or suspending all or a portion of execution STATE of Montana, Plaintiff and Respondent, v. Craig McDANOLD, Defendant and Appellant. Sec. (8)If a felony sentence includes probation, the department of corrections shall supervise the offender unless the court specifies otherwise. 116, L. 1979; amd. A father and son, Neil Bryan Schallock, Sr., 76, and Craig Schallock, 47, both of Crandon, Wisc., were sentenced in December 2017 and January 2018, respectively. Brock Anthony Zygmond: 2020 criminal endangerment. 580, L. 1977; amd. 1, Ch. Deer Lodge, MT 59722 321, L. 2017; amd. Sec. Sealing is unavailable if a mandatory sentence applies, except in certain situations. On the misdemeanor charge of nonresident license or permit offense, John Baier was sentenced to the county jail for six months, with all suspended. however, all but the first 5 years of the commitment to the department of corrections or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of Mont. (2)A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. 432, L. 1999; amd. A suspension of the license or driving privilege of the person must be accomplished 46-23-103(4). The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year s You're all set! One of these cases dates back to 2010, and investigation and prosecution of game offenses can take years. Licensing or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that Sec. 2-15-2303(8). include but are not limited to: (a)limited release during employment hours as provided in 46-18-701; (b)incarceration in a detention center not exceeding 180 days; (e)payment of a fine as provided in 46-18-231; (f)payment of costs as provided in 46-18-232 and 46-18-233; (g)payment of costs of assigned counsel as provided in 46-8-113; (h)with the approval of the facility or program, an order that the offender be placed 384, L. 2017; amd. . 498, L. 2021; amd. restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing 46-18-201 et seq. AdministrationC. . jpribnow@mt.gov. facility or the state prison, as defined in 53-30-101, the court shall provide credit for time served by the offender before trial or sentencing. Code Ann. A juvenile may move the court to limit availability of court records prior to turning age 18. in 46-23-1011 through 46-23-1015; or. (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed. Prosecutors must attempt to notify the victim of the offense (if one exists) and inform the victim of any hearing dates scheduled. (b)(i)Except as provided in subsections (2)(b)(ii) and (2)(b)(iii), a sentencing judge may not suspend execution of sentence, including when imposing a sentence under subsection (3)(a)(vii), in a manner that would result in an offender being supervised in the community as a probationer by the department of corrections for a period of time longer than: (A)20 years for a sexual offender, as defined in 46-23-502; (B)20 years for an offender convicted of deliberate homicide, as defined in 45-5-102, or mitigated homicide, as defined in 45-5-103; (C)15 years for a violent offender, as defined in 46-23-502, an offender convicted of negligent homicide, as defined in 45-5-104, vehicular homicide while under the influence, as defined in 45-5-106, or criminal distribution of dangerous drugs that results in the death of an individual from use of the dangerous drug, as provided in 45-9-101(5); (D)10 years for an offender convicted of 45-9-101, 45-9-103, 45-9-107, 45-9-109, 45-9-110, 45-9-125, 45-9-127, or 45-9-132; or. Sec. 65, Ch. (5)In addition to any other penalties imposed, if a person has been found guilty 370, L. 1987; amd. 5, Ch. 258, L. 2003; amd. Prior to March 2015, the governor could issue a pardon only upon the favorable recommendation of the Board of Pardons and Parole, except in capital cases, though he was not bound to accept each Board favorable recommendation. If a majority of the Board recommends denial in a non-capital case, the case may not be sent to the governor. Mont. 46-23-301(3)(b).2 The governor must report to the legislature each pardon and the reasons for it. Two Sidney men have been sentenced for felony unlawful possession of game animals in Richland County in 2016. 181, L. 1997; amd. Code Ann. The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. 285, L. 2015; amd. Driving with suspended license dropped by prosecutor. Sec. R. 20-25-902(1). The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal possession of dangerous drugs (CPDD) and criminal possession of drug paraphernalia (CPDP), holding that the district court abused its discretion in sentencing Defendant. However, pardon is not grounds for expungement. 37-1-201. Mont. Const. of Funeral Serv., 961 P.2d 126, 131-132 (Mont. Prior to a plea agreement, Swisse was charged with two felonies and 11 misdemeanors in the case, including tampering with a witness (felony); license transfer by accountability; hunting while privileges are suspended; unlawful use of a vehicle to hunt or harass a game animal; failure to obtain landowner permission to hunt; and obstructing a peace officer. The sentences are to run concurrently. (ii)The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply if the sentencing judge finds that a longer term of supervision is needed for the protection of society or the victim. 177, L. 2013; amd. For the two felony counts, Brien, Jr. received deferred impositions of sentence of six years. domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous
art. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Code Ann 37-1-205. On October 23, 2017, Justin Levi Swisse of Sidney, 34, was sentenced in Richland Countys Seventh Judicial District Court to three years, suspended, with the Montana Department of Corrections. (6)(a)Except as provided in subsection (6)(b), in addition to any of the penalties, period of commitment time for a suspended or deferred imposition of sentence (probation); or an adult offender committed to the authority of the Department and required to be released by the District Court to community supervision upon sentencing or disposition (DOC probation). All parties who appear, including victims or representatives from the prosecutors office, must be given an opportunity to respond to the petition. 463, L. 1989; amd. State v. Tomaskie, 157 P.3d 691, 693-694 (Mont. (10)As used in this section, dangerous drug has the meaning provided in 50-32-101. The District Court's stated reasons for the deferred sentence werethat both parties signed the plea agreement, it was consistent with Montana statutes regarding sentencing, the offense was a first felony offense, and Sprout was young and gainfully employed. See https://dojmt.gov/enforcement/conviction-expungement-process/ (last accessed Sept. 17, 2021). Sec. 22, Ch. Because Montana offenders regain civil rights when supervision ends, federal law firearms disabilities are generally coincident with state law firearms disabilities by virtue of 18 U.S.C. If a misdemeanor is expunged, the record is destroyed, and only a persons fingerprints remain in official files. or a plea of guilty or nolo contendere, a sentencing judge may suspend execution of Sec. Code Ann. Mont. Id. 46-23-316. For first felony offenses and misdemeanors, a court may defer or suspend imposition of sentence from one to three years during which the offender will be on probation. Pardons in Montana are infrequently recommended by the Board and even less frequently granted. 1, Ch. Const. 9, Ch. (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years DROVE IN VIOLATION OF RESTRICTIONS. Judith Basin County gave Schallock, Sr. a four-year deferred sentence. 45-9-202. 45-8-313(1). 13 Did the District Court have authority to order McDanold to pay restitution absent a deferred imposition of sentence? Presumably this disability is removed upon completion of sentence. Following termination of the relevant time period, 46-18-204 authorizes the court to permit the defendant to withdraw a plea of guilty or nolo contendere or to strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. 45-8-321(1)(c), (d), and (f). All rights reserved. (Sent. In that time I completed my requirements by the Court, but my charge has not been dismissed yet according to my background check. On January 3, 2018, co-defendant Derrick Nelson of Sidney, 34, received five years, suspended, for the same offense. B.) (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208: (a)for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or. See Mont. Sec. Sec. He was fined $250 and forfeits his hunting and fishing privileges in Montana for 18 months. You already receive all suggested Justia Opinion Summary Newsletters. The hearing must be publicized at least once a week for two weeks. of fines, costs, or restitution. Code Ann. 46-23-301(4). or for the protection of the victim or society; (q)with approval of the program and confirmation by the department of corrections 921(a)(21). 322, L. 1979; amd. See Mont. 46-18-204. Montana Highway Patrol Tim Southwick, 49, reckless driving, 1st offense, $335, deferred imposition of sentence. the sentencing judge finds that a victim, as defined in 46-18-243, has sustained a pecuniary loss, the sentencing judge shall, as part of the sentence, Montana Highway Patrol Sharon Stokes, 48, speeding in a restricted zone, $145. He must pay $1,000 in fines and $3,700 in restitution and cannot or fish in Montana or any states participating in the Interstate Wildlife Violator Compact during this period. 515, L. 2007; amd. 513, L. 1973; amd. See 46-18-1102, et seq. 44-5-202(8)(as amended in 2019): If an individual is released without the filing of charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the court having jurisdiction in the criminal action shall report the disposition to the state repository as required in44-5-213(2) within 14 business days. This site is protected by reCAPTCHA and the Google. Three men sentenced in Judith Basin County for illegal possession of game. of an offense upon a verdict of guilty or a plea of guilty or nolo contendere and All are appointed by the Governor, and serve effectively as volunteers. One member must be an enrolled member of a state-recognized or federally recognized Indian tribe located within the boundaries of the state of Montana. art. House Bill 47, signed into law on Feb 26, 2019, added sexual assault under 45-5-502 to the list of offenses for which expungement may not be presumed. The forms, checklists, and scripts are designed to assist courts of limited jurisdiction in the administration of justice. (b)A person's license or driving privilege may not be suspended due to nonpayment Revoked on Dec. 16 . Code Ann. 581, L. 1983; amd. For the remaining counts, Brien, Jr. was sentenced to six months in jail, all suspended, and must pay $500. EligibilityD. detention center or at a state prison to be designated by the department of corrections; (A)an offender not referred to in subsection (3)(a)(iv)(B) to the department of corrections 1, Ch. His hunting, fishing, guiding or trapping privileges were revoked for 13 years. The 2015 change in the Boards role now requires the governor to deny all applications that he does not grant. Brien, Jr. must make restitution of $3,875. History:En. was suspended. Expungement, sealing & other record relief. 575, L. 1989; amd. Sec. 1, Ch. Rules 20-25-901 to 20-25-904. Sec. R. 24.9.1406(2)(h). 449, L. 2005; amd.
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