Effective 5/4/2022
77-40a-402. Distribution for order for vacatur.
77-40a-402. Distribution for order for vacatur.
- (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials.
- (2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301.
- (3) Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401.
- (4) Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Section 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
- (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
- (6) An agency receiving an order for vacatur shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which vacatur is ordered.
- (7) A government agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:
- (a) the individual for whom vacatur was ordered; or
- (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-40a-403(2)(b)(ii).
- (8) The bureau may not count vacated convictions against any future expungement eligibility.
Renumbered and Amended by Chapter 250, 2022 General Session