17-8-6
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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.