Section 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 for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304;
  • (b) if the individual is qualified to receive a certificate of eligibility, pay the issuance fee for the certificate of eligibility as described in Section 77-40a-304; and
  • (c) file a petition for expungement in accordance with Section 77-40a-305.

• (2)
  • (a) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
  • (b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.

Enacted by Chapter 250, 2022 General Session