(a) An individual who has been entered on the animal abuse offender list subject to a misdemeanor conviction may file a petition for removal 2 years after the date of conviction. (b) An individual who has been entered on the animal abuse offender list subject to a felony conviction may file a petition for removal 7 years after the date of conviction. (c) A petition for removal must be filed with the court that entered the conviction of the individual. (d) The petitioner shall cause a copy of the petition for removal filed under this section to be served upon the Attorney General's Office, who may file an answer to the petition within 30 days thereafter. (e) The court shall have the discretion to remove an individual from the animal abuse offender list. In making this determination, the court shall consider the following factors, including: (1) The nature and circumstances of the original conviction. (2) Any incidents of animal abuse or neglect while on the animal abuse offender list. (3) The criminal history of the individual. (4) Compliance with the terms of probation, if applicable. (5) The risk, if any, the individual poses to animals. (6) The rehabilitation, if any, of the individual, or successful completion of a program of evaluation and treatment. (7) The adverse impact of registration on the individual and the rehabilitative process, including the impact on employment opportunities. (f) An individual who obtains an expungement from the underlying conviction that placed them on the animal abuse offender list must be automatically removed from the animal abuse offender list and the public website maintained by the Office of Animal Welfare subject to § 4372(e) of Title 11. Part II Criminal Procedure Generally Classification of Offenses; Sentences
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