77-40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if: the following time periods have passed: at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense; at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and one of the following occurs: an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner; all charges in the case are dismissed with prejudice; if a charge in the case is dismissed without prejudice or without condition: the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or at least 180 days have passed after the day on which the charge is dismissed; the petitioner is acquitted at trial on all of the charges in the case; or the statute of limitations expires on all of the charges in the case.
(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if: there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense; there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense; the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or there is a criminal protective order or a criminal stalking injunction in effect for the case.