Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

Utah Code § 77-40a-206, under Part 77-40a-2: Automatic Expungement and Deletion.

Utah Code § 77-40a-206

77-40a-206. Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if: on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section; and 77-40a-204 the case is eligible for expungement under this section.

(2) Except as provided in Subsection (3), a case is eligible for expungement under this section if: the case resulted in an acquittal on all charges; and at least 60 days have passed after the day on which the case resulted in an acquittal; or the case is dismissed with prejudice; and at least 180 days have passed after the day on which: for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or for a case in which an appeal was filed, a court issues a final nonappealable order.

(3) A case is not eligible for expungement under Subsection (2) if: the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection. 77-2a-3(2)(b)

(4) If a court issues an order of expungement under Subsection (1), the court shall: expunge all records of the case held by the court as described in Section; and 77-40a-401 notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.