Section 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, except for a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b); or
  • (c) a traffic offense case for which the following time periods have elapsed from the day on which the case is adjudicated:
    • (i) at least five years for a class C misdemeanor or an infraction; or
    • (ii) at least six years for a class B misdemeanor.

• (2) The Judicial Council shall make rules to provide an ongoing process for identifying and deleting records on all traffic offenses described in Subsection (1).

Renumbered and Amended by Chapter 250, 2022 General Session