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 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 107 – Expungement data requirements — Report.
Effective 5/4/2022 77-40a-107. Expungement data requirements — Report. (1) No later than November 1 of each year, the Administrative Office of the Courts shall submit a written report to the Executive Offices and Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data for the preceding fiscal year, including: (a) the number of […]
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 […]