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 […]
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 303 – Civil action by a victim.
Effective 5/4/2022 77-38b-303. Civil action by a victim. (1) A provision under this part concerning restitution does not limit or impair the right of a person injured by a defendant’s criminal conduct to sue and recover damages from the defendant in a civil action. (2) (a) A court’s finding on the amount of restitution owed […]
Section 304 – Priority.
Effective 5/4/2022 77-38b-304. Priority. (1) The court, or the office, shall disburse a payment for restitution within 60 days after the day on which the payment is received from the defendant if: (a) the victim has complied with Subsection 77-38b-203(2); (b) if the defendant has tendered a negotiable instrument, funds from the financial institution are […]
Section 401 – Collection from inmate offenders.
Effective 7/1/2021 77-38b-401. Collection from inmate offenders. Upon written request of the prosecuting attorney, the victim, or the parole or probation agent for the defendant, the department shall collect restitution from offender funds held by the department under Section 64-13-23. Renumbered and Amended by Chapter 260, 2021 General Session
Section 402 – Preservation of assets.
Effective 5/4/2022 77-38b-402. Preservation of assets. (1) (a) Before, or at the time, a criminal information, indictment charging a violation, or a petition alleging delinquency is filed, or at any time during the prosecution of the case, a prosecuting attorney may, if in the prosecuting attorney’s best judgment there is a substantial likelihood that a […]