46-18-1108: When expungement not presumed.

(1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201, partner or family member assault under 45-5-206, stalking under 45-5-220, sexual assault under 45-5-502, a violation of a protective order under 45-5-626, or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.

(2) In making the determination of whether expungement should be granted, the district court shall consider:

(a) the age of the petitioner at the time the offense was committed;

(b) the length of time between the offense and the request;

(c) the rehabilitation of the petitioner;

(d) the likelihood that the person will reoffend; and

(e) any other factor the court considers relevant.