Any person convicted of a felony who is not subject to the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors nor to the Register of Persons Convicted for Corruption, may solicit that the Court of First Instance issue an order for the elimination of the conviction from the Criminal Record Certificate provided the following circumstances concur:
(a) That five (5) years have passed from the moment the sentence was served and that during that time the person has not committed any crime;
(b) that the person has a good reputation within the community, and
(c) that the person has been subjected to providing the sample required by the DNA Data Bank Act, if required to do so.
The petitioner shall provide the documents needed to [evidence] the allegations of his/her petition. The Department of Justice may oppose or yield to the petition, in which case it shall not be necessary to hold a hearing.
History —July 27, 1974, No. 254, Part 2, p. 255, added as § 4 on Sept. 15, 2004, No. 314, § 2.