Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-93-314 - Probation generally - Discharge(a)(1) The court may discharge the defendant from probation at any time.(2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her.(b)(1) Subject to the provisions of §§ 5-4-501 - 5-4-504, a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.(2) This subsection does not apply if: (A) The person applying for discharge has been convicted of a sexual offense as defined by § 5-14-101 et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, § 5-14-110; and(B) The victim was under eighteen (18) years of age.Amended by Act 2023, No. 619,§ 20, eff. 8/1/2023.Amended by Act 2013, No. 1460,§ 13, eff. 1/1/2014. Acts 2011, No. 570, § 90.