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A. Any person who has been adjudicated delinquent or in need of supervision who was taken into custody on an allegation of delinquency or need of supervision, or who was the subject of a petition for delinquency or in need of supervision later may petition the Court for the expungement of his or her record and shall be so informed at the time of adjudication, or the Court, on its own motion, may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the Court. Such petition shall be filed or such Court order entered no sooner than two years after the date of termination of the Court’s jurisdiction over the person. Only by stipulation of all parties involved may expungement be applied for prior to the expiration of two years from the date of termination of the Court’s jurisdiction or termination of the Court’s supervision under an informal adjustment.

B. Upon the filing of a petition for expungement or entering of a Court order, the Court shall set a date for hearing and shall notify the Tribal Prosecutor and anyone else whom the Court has a reason to believe may have relevant information related to the expungement of the record, including all agencies or officials known to have relevant files relating to the individual.

C. The Court shall destroy all records in the petitioner’s case in the custody of the Court and any records in the custody of any other agency or official, if at the hearing, the Court finds that:

1. The subject of the hearing has not been convicted of a felony, an offense punishable by banishment or of a misdemeanor involving moral turpitude and has not been adjudicated under this chapter since the termination of the Court’s jurisdiction;

2. No proceeding concerning a felony, an offense punishable by banishment, a misdemeanor involving moral turpitude or a petition under this chapter is pending or being instituted against him or her;

3. The rehabilitation of the person has been attained to the satisfaction of the Court.

D. Upon the entry of an order to destroy the records, the proceedings in the case shall be deemed never to have occurred, and all index references shall be deleted and the person, every agency and the Court may properly reply that no record exists with respect to such person upon any inquiry in the matter.

E. Copies of the order shall be sent to each agency or official named therein.

F. In any proceeding alleging delinquency or need of supervision in which the Court orders the petition dismissed on the merits at adjudication, the Court may order the records expunged. Such order of expungement may be entered without delay upon petition of the child or any party or upon the Court’s own motion.