Section 401 – Distribution of order — Redaction — Receipt of order — Bureau requirements — Administrative proceedings.
Effective 5/4/2022 77-40a-401. Distribution of order — Redaction — Receipt of order — Bureau requirements — Administrative proceedings. (1) (a) The bureau, upon receiving notice from the court, shall notify all criminal justice agencies affected by the expungement order. (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and […]
Section 402 – Distribution for order for vacatur.
Effective 5/4/2022 77-40a-402. Distribution for order for vacatur. (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials. (2) To complete delivery of the order for vacatur to the bureau, the individual shall […]
Section 403 – Retention and release of expunged records — Agencies.
Effective 5/4/2022 77-40a-403. Retention and release of expunged records — Agencies. (1) (a) The bureau, after receiving an expungement order, shall keep, index, and maintain all expunged records of arrests and convictions. (b) Any agency, other than the bureau, receiving an expungement order shall develop and implement a process to identify and maintain an expunged […]
Section 404 – Use of expunged records — Individuals — Use in civil actions.
Effective 5/4/2022 77-40a-404. Use of expunged records — Individuals — Use in civil actions. A record expunged under this chapter or Section 77-27-5.1 may be released to or viewed by: (1) the petitioner or an individual who receives an automatic expungement under Section 77-40a-201; (2) a law enforcement officer, who was involved in the case, […]
Section 405 – Penalty for disclosure of expunged, vacated, or pardoned records.
Effective 5/4/2022 77-40a-405. Penalty for disclosure of expunged, vacated, or pardoned records. An employee or agent of an agency that is prohibited from disseminating information from expunged, vacated, or pardoned records under Section 77-27-5.1 or 77-40a-403 who knowingly or intentionally discloses identifying information from the expunged, vacated, or pardoned record that has been pardoned, vacated, […]
Section 201 – Automatic expungement procedure.
Effective 5/4/2022 77-40a-201. Automatic expungement procedure. (1) (a) Except as provided in Subsection (1)(b) and subject to Section 77-40a-203, this section governs the process for the automatic expungement of all records in: (i) except as provided in Subsection (2)(e), a case that resulted in an acquittal on all charges; (ii) except as provided in Subsection […]
Section 202 – Automatic deletion for traffic offense.
Effective 5/4/2022 77-40a-202. Automatic deletion for traffic offense. (1) Subject to Section 77-40a-203, records for the following traffic offenses shall be deleted without a court order or notice to the prosecuting agency: (a) a traffic offense case that resulted in an acquittal on all charges; (b) a traffic offense case that is dismissed with prejudice, […]
Section 203 – Time periods for expungement or deletion — Identification and processing of clean slate eligible cases.
Effective 5/4/2022 77-40a-203. Time periods for expungement or deletion — Identification and processing of clean slate eligible cases. (1) Reasonable efforts within available funding shall be made to expunge or delete a case as quickly as is practicable with the goal of: (a) for cases adjudicated on or after May 1, 2020: (i) expunging a […]
Section 301 – Application for certificate of eligibility for expungement — Penalty for false or misleading information on application.
Effective 5/4/2022 77-40a-301. Application for certificate of eligibility for expungement — Penalty for false or misleading information on application. (1) If an individual seeks to expunge the individual’s criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall: (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau […]
Section 302 – Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
Effective 5/4/2022 77-40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention. An individual who is arrested or formally charged with an offense is eligible to receive a certificate of eligibility from the bureau to expunge the records of arrest, investigation, and detention that may have been made in the case […]