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2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 104.1 - Eligibility for removing the link between personal identifying information and court case dismissed.
Universal Citation: UT Code § 77-40-104.1 (2018)
Effective 7/1/2018
77-40-104.1. Eligibility for removing the link between personal identifying information and court case dismissed.
Enacted by Chapter 278, 2018 General Session
77-40-104.1. Eligibility for removing the link between personal identifying information and court case dismissed.
- (1) As used in this section:
- (a) "Domestic violence offense" means the same as that term is defined in Section 77-36-1.
- (b) "Personal identifying information" means:
- (i) a current name, former name, nickname, or alias; and
- (ii) date of birth.
- (2) A person whose criminal case is dismissed may move the court for an order to remove the link between the person's personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts and the court shall grant that relief if:
- (a) 30 days have passed from the day on which the case is dismissed;
- (b) no appeal is filed for the dismissed case within the 30-day period described in Subsection (2)(a); and
- (c) no charge in the case was a domestic violence offense.
- (3) Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
- (4) A case history, unless expunged under this chapter, remains public and accessible through a search by case number.
Enacted by Chapter 278, 2018 General Session
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