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 103 – Department duties.
Effective 5/8/2018 77-41-103. Department duties. (1) The department, to assist in investigating kidnapping and sex-related crimes, and in apprehending offenders, shall: (a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses; (b) make information listed in Subsection 77-41-110(4) available to the public; and (c) share […]
Section 104 – Registration of offenders — Department and agency requirements.
Effective 5/14/2019 77-41-104. Registration of offenders — Department and agency requirements. (1) The department or an agent of the department shall register an offender in the custody of the department as required under this chapter upon: (a) placement on probation; (b) commitment to a secure correctional facility operated by or under contract to the department; […]
Section 105 – Registration of offenders — Offender responsibilities.
Effective 5/12/2020 77-41-105. Registration of offenders — Offender responsibilities. (1) (a) An offender who enters this state from another jurisdiction is required to register under Subsection (3) and Subsection 77-41-102(9) or (17). (b) The offender shall register with the department within 10 days after the day on which the offender enters the state, regardless of […]
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 […]