Section 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.Added by Laws 2019, Ch. 384,Sec. 7, eff. 10/1/2019.