Title 77, Title 77: Criminal Procedure

77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed. (1) As used in this section: "Domestic violence offense" means the same as that term is defined in Section. 77-36-1 "Personal identifying information" means: a current…

77-40a-107. Expungement data requirements -- Report. (1) No later than November 1 of each year, the Administrative Office of the Courts shall submit a written report to the Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data…

77-40a-201. General provisions for automatic expungement and deletion. (1) Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement or deletion under this section if an automatic expungement or d…

77-40a-202. Automatic deletion for traffic offense by a court. (1) A court shall delete all records for the following traffic offenses without a court order or notice to the prosecuting agency: a traffic offense case that resulted in an acquittal on all charges; a traffic offense…

77-40a-204. Request for automatic expungement of a case -- Automatic expungement before October 1, 2024, and on and after January 1, 2026. (1) On and after October 1, 2024, but before January 1, 2026, an individual must submit the necessary form to the court to receive an expunge…

77-40a-205. Automatic expungement of state records for a clean slate case. (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…

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…

77-40a-207. Automatic expungement by the bureau. (1) Upon receiving notice from a court of an expungement order under this part, the bureau shall expunge all records of the case in accordance with Section. 77-40a-401 (2) Notwithstanding Subsectionor Section, the bureau may reques…

77-40a-301. Application for certificate of eligibility for expungement -- Penalty for false or misleading information on application. (1) If an individual seeks to expunge the individual's criminal record in regard to an arrest, investigation, detention, or conviction, the indivi…

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…

77-40a-303. Requirements for a certificate of eligibility to expunge records of a conviction. (1) Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if: the petition…

77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees. (1) When a petitioner applies for a certificate of eligibility as described in Subsection: 77-40a-301(1) the petitioner shall pay an application fee at the time the petitioner submits an applicatio…

77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing. (1) The petitioner shall file a petition for expungement in accordance with Rule 42 of the Utah Rules of Criminal Procedure. A petitioner shall include the identification number for the certificate o…

77-40a-306. Order of expungement. (1) If a petition for expungement is filed in accordance with Section, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that: 77-40a-305 except as provided in Subsection (1)(b) and Subsectionor (…

77-40a-307. Distribution of expungement order based on a petition to all agencies. (1) Upon receiving notice from the court of an expungement order as described in Subsection, the bureau shall notify all agencies affected by the expungement order. 77-40a-306(5) For purposes of Su…

77-40a-401. Processing of expungement order -- Written confirmation of expungement -- Effect of an expungement. (1) In processing an expungement order, a court and the bureau shall give priority to: first, an expungement order granting a petition for expungement under Part 3, Pet…

77-40a-402. Distribution for order for vacatur. (1) An individual who receives an order for vacatur under Subsectionshall be responsible for delivering a copy of the order for vacatur to all affected agencies. 78B-9-108(2) (2) To complete delivery of the order for vacatur to the …

77-40a-403. Release and use of expunged records -- Agencies. (1) An agency with an expunged record, or any employee of an agency with an expunged record, may not knowingly or intentionally divulge any information contained in the expunged record to any person, or another agency, …

77-40a-404. Confirmation of expungement -- Access to expunged records by individuals. (1) An individual who receives an expungement may request a written confirmation from an agency under Subsectionto confirm that the agency has expunged all records of the offense for which the i…

77-40a-405. Penalty for disclosure of expunged, vacated, or pardoned records. An employee or agent of an agency that is prohibited from disseminating information from expunged, vacated, or pardoned records under Sectionorwho knowingly or intentionally discloses identifying inform…