For an offense committed PRIOR to NOVEMBER 1, 1989, these FELONIES OR MISDEMEANORS are ELIGIBLE FOR EXPUNCTION

Person sentenced to a determinate sentence of 3 years or less;

Person sentenced to an indeterminate sentence for which the person served 3 years or less;

Person has never had a previous conviction expunged as the result of the successful completion of a diversion program pursuant to §§40-15-102 – 40-15-106 or §40-35-313;

AND

The offense for which the person was convicted:

• Did not have as an element the use, attempted use, or threatened use of physical force against the person of another;
• Did not involve, by its nature, a substantial risk that physical force against the person of another would be used in the course of committing the offense;
• Did not involve the use or possession of a deadly weapon;
• Was not a sex offense for which the offender is required to register as a sexual offender or violent sexual offender under title 40, chapter 39 part 2; or any sex offense involving a minor;
• Did not result in the death, serious bodily injury or bodily injury to a person;
• Did not involve the use of alcohol or drugs and a motor vehicle;
• Did not involve the sale or distribution of a Schedule I, II, III, or IV controlled substance;
• Did not involve a minor as the victim of the offense; or
• Did not result in causing the victim or victims to sustain a loss of fifty thousand dollars ($50,000) or more.