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 if:
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 if:
- (1) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;
- (2) there are no criminal proceedings or pleas in abeyance pending against the individual;
- (3) the individual is not currently on probation or parole;
- (4) there is not a criminal protective order or a criminal stalking injunction in effect for the case;
- (5) there are no convictions in the case for a traffic offense; and
- (6) one of the following occurs:
- (a) charges are screened by the investigating law enforcement agency and the prosecuting attorney makes a final determination that no charges will be filed in the case;
- (b)
- (i) all charges contained in the case are dismissed; and
- (ii) if any charge contained in the case is dismissed without prejudice or without condition:
- (A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or
- (B) at least 180 days have passed since the day on which the charge is dismissed;
- (c) the individual is acquitted at trial on all of the charges contained in the case; or
- (d) the statute of limitations expires on all of the charges contained in the case.
Renumbered and Amended by Chapter 250, 2022 General Session