(a) A person may petition for expunction of the person's arrest record if the court with jurisdiction over the offense for which the person was arrested has no history of the person's arrest for the offense within the court's records. Upon filing of the petition, the clerk shall serve the petition on the district attorney general for that judicial district.
(b) Both the petitioner and the district attorney general may file evidence with the court relating to the petition.
(c) The clerk's office shall search the court's records and certify to the court whether there is any history of the person's arrest for the offense at issue within the court's records.
(d) Prior to entering an order on the petition, the court shall review and consider the clerk's certification and all evidence submitted by the petitioner and the district attorney general. The court may enter an order of expunction of the arrest record if the court finds that there is no history of the person's arrest for the offense within the court's record.
(e) A person petitioning the court for expunction pursuant to this section must be charged the appropriate clerk's fee pursuant to § 8-21-401.
(f) An order of expunction granted pursuant to this section has the effect provided in § 40-32-110.