Effective 5/4/2022
77-40a-401. Distribution of order — Redaction — Receipt of order — Bureau requirements — Administrative proceedings.
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 Parole of an expungement order if the individual has never been:
- (i) sentenced to prison in this state; or
- (ii) under the jurisdiction of the Board of Pardons and Parole.
- (c) A petitioner may deliver copies of the expungement to all criminal justice agencies affected by the order of expungement.
- (d) An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau’s record may be expunged.
- (2) Unless otherwise provided by law or ordered by a court to respond differently, an individual or agency who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur.
- (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
- (4) An agency receiving an expungement order shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which expungement is ordered.
- (5) Unless ordered by a court to do so, or in accordance with Subsection 77-40a-403(2), a government agency or official may not divulge information or records that have been expunged.
- (6)
- (a) An expungement order may not restrict an agency’s use or dissemination of records in the agency’s ordinary course of business until the agency has received a copy of the order.
- (b) Any action taken by an agency after issuance of the order but prior to the agency’s receipt of a copy of the order may not be invalidated by the order.
- (7) An expungement order may not:
- (a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;
- (b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body’s lawful authority prior to issuance of the expungement order;
- (c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or
- (d) prevent an agency from maintaining, sharing, or distributing any record required by law.
Renumbered and Amended by Chapter 250, 2022 General Session