CRIMINAL LAWAND PROCEDURE
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(iv) employees of the state board of
law examiners, in accordance with
rules adopted by the state board
of law examiners;
for the purpose of determining whether
an applicant possesses the necessary
good moral character for admission to
the bar; and
(F) a person required to access
expunged records to comply with the
Secure and Fair Enforcement for
Mortgage Licensing Act (12 U.S.C.
5101 et seq.) or regulations adopted
under the Secure and Fair Enforcement
for Mortgage Licensing Act.
(3) Notify the clerk of the supreme court
to seal any records in the clerk’s possession
that relate to the conviction.
A probation department may provide an
unredacted version of a presentence report dis-
closed under subdivision (2)(C) to any person
authorized by law to receive a presentence report.
(b) Except as provided in subsection (c), if a
petition to expunge conviction records is granted
under sections 2 through 3 of this chapter, the
records of:
(1) the sentencing court;
(2) a juvenile court;
(3) a court of appeals; and
(4) the supreme court;
concerning the person shall be permanently sealed.
However, a petition for expungement granted
under sections 2 through 3 of this chapter does not
affect an existing or pending driver’s license sus-
pension.
(c) If a petition to expunge conviction records
is granted under sections 2 through 3 of this chap-
ter with respect to the records of a person who is
named as an appellant or an appellee in an opin-
ion or memorandum decision by the supreme
court or the court of appeals, the court shall:
(1) redact the opinion or memorandum
decision as it appears on the computer
gateway administered by the office of tech-
nology so that it does not include the peti-
tioner’s name (in the same manner that
opinions involving juveniles are redacted);
and
(2) provide a redacted copy of the opinion
to any publisher or organization to whom
the opinion or memorandum decision is
provided after the date of the order of
expungement.
The supreme court and court of appeals are not
required to destroy or otherwise dispose of any
existing copy of an opinion or memorandum deci-
sion that includes the petition’s name.
(d) Notwithstanding subsection (b), a prose-
cuting attorney may submit a written application
to a court that granted an expungement petition
under this chapter to gain access to any records that
were permanently sealed under subsection (b), if
the records are relevant in a new prosecution of
the person. If a prosecuting attorney who submits
a written application under this subsection shows
that the records are relevant for a new prosecution
of the person, the court that granted the expunge-
ment petition shall:
(1) order the records to be unsealed; and
(2) allow the prosecuting attorney who
submitted the written application to have
access to the records.
If a court orders records to be unsealed under this
subsection, the court shall order the records to be
permanently resealed at the earliest possible time
after the reasons for unsealing the records cease
to exist. However, if the records are admitted as
evidence against the person in a new prosecution
that results in the person’s conviction, or are used
to enhance a sentence imposed on the person in
a new prosecution, the court is not required to
reseal the records.
(e) If a person whose conviction records are
expunged under sections 2 through 5 of this chap-
ter is required to register as a sex offender based
on the commission of a felony which has been
expunged:
(1) the expungement does not affect the
operation of the sex offender registry web
site, any person’s ability to access the per-
son’s records, records required to be main-
tained concerning sex or violent offenders,
or any registration requirement imposed on
the person; and
(2) the expunged conviction must be
clearly marked as expunged on the sex
offender registry web site.
(f) Expungement of a crime of domestic vio-
