[706-622.8] First-time drug offender prior to 2004; probation; expungement. A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706‑622.5, and who otherwise meets all the requirements of section 706‑622.5, may apply to the court for expungement of the record of conviction for the drug offense. The court shall issue a court order to expunge the record of conviction for the drug offense; provided the person has successfully completed a substance abuse treatment program and has complied with the other terms and conditions set by the court. A person granted an expungement of conviction under this section or section 706-622.5(4) shall not be eligible for another expungement of conviction under this section or section 706‑622.5. [L 2006, c 58, 1]

 

COMMENTARY ON 706-622.8

 

Act 58, Session Laws 2006, added this section to allow a person sentenced prior to July 1, 2004, for a first-time drug offense pursuant to 706-622.5, who completed a drug treatment program and complied with the terms set by the court, to apply for expungement of the record of conviction. Act 58 corrected a drafting error in Act 161, Session Laws 2002, which authorized an expungement of the record of arrest rather than the record of conviction. Act 44, Session Laws 2004, corrected the error, authorizing the expungement of the record of conviction, but only prospectively from its effective date, July 1, 2004. This led to the inconsistent result of some defendants being permitted to expunge their record of conviction and others not being able to do so. Act 58 permitted defendants sentenced prior to Act 44, Session Laws 2004, to expunge their record of conviction. Senate Standing Committee Report No. 3212.

 

 

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