(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances: (1) If the petitioner is serving a custodial sentence with more than six months remaining. (2) If the petitioner is currently charged with a felony. (3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months. (b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.
(c) A court’s rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court’s discretion.
History: (Act 2019-464, §6.)