Part VII · Post-Verdict Proceedings
Rule 29.6. Disposition
(a) Considerations In determining whether to grant an application, the court must consider the following factors:
(1) the nature and circumstances of the offense the conviction is based on;
(2) the applicant's compliance with the conditions of probation, the sentence imposed, and the Department of Corrections' rules or regulations, if applicable;
(3) any earlier or later convictions;
(4) the victim's input and the status of victim restitution, if any;
(5) the time that has elapsed since the completion of the applicant's sentence;
(6) the applicant's age at the time of conviction; and
(7) any other factor relevant to the application.
(b) Denial If the court denies an application, its order must state the reasons for the denial in writing and on the record.
(c) Subsequent Application If an application is denied, the applicant may file a new application after satisfying all requirements or after resolving any other reason for denial.
(d) Order The clerk must transmit the order to the applicant, the prosecutor, and the Department of Public Safety.