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 […]
Section 303 – Requirements for a certificate of eligibility to expunge records of a conviction.
Effective 5/4/2022 77-40a-303. Requirements for a certificate of eligibility to expunge records of a conviction. (1) Except as provided in Subsections (2) and (4), an individual is not eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if: (a) the conviction for which expungement is sought is: […]
Section 304 – Certificate of eligibility process — Issuance of certificate — Fees.
Affected by 63I-1-277 on 7/1/2023 Effective 5/4/2022 77-40a-304. Certificate of eligibility process — Issuance of certificate — Fees. (1) (a) When a petitioner applies for a certificate of eligibility as described in Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner […]
Section 305 – Petition for expungement — Prosecutorial responsibility — Hearing.
Effective 5/4/2022 77-40a-305. Petition for expungement — Prosecutorial responsibility — Hearing. (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah Rules of Criminal Procedure, that includes the identification number for the certificate of eligibility described in Subsection 77-40a-304(1)(d)(ii). (b) Information on a certificate of eligibility is incorporated into a […]
Section 306 – Order of expungement.
Effective 5/4/2022 77-40a-306. Order of expungement. (1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that: (a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate of eligibility are sufficient; (b) the statutory […]