Bolin v. State (Majority, with Concurring and Dissenting)
Annotate this CaseAppellant pled no contest to two misdemeanors and one Class D felony. At the time of his sentencing, the Community Punishment Act (CPA) allowed Appellant to petition the court to expunge the record of his offense upon the successful completion of probation. Subsequent to Appellant’s sentencing, the General Assembly passed the Comprehensive Criminal Record Sealing Act (CCRSA), which amended the CPA so that the procedure for sealing records under the CPA would be in accordance with the CCRSA. Less than three weeks after the CCRSA became effective, Appellant completed his felony probation and petitioned the circuit court to seal all of his records. The circuit court denied the petition, concluding that Appellant was required to wait five years after completing his probation before the records could be sealed under the CCRSA. The Supreme Court reversed, holding that the circuit court erred in retroactively applying the CCRSA to Appellant’s felony conviction because the legislature did not intend for the CCRSA to apply retroactively to Appellant’s felony conviction. Remanded for the court to apply the CPA to Appellant’s felony conviction and the CCRSA to his misdemeanor convictions.
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