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Utah Code
2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 104 - Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
Universal Citation:
UT Code § 77-40-104 (2018)
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Effective 5/8/2018
77-40-104. Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
Amended by Chapter 266, 2018 General Session
77-40-104. Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
- (1) A person who is arrested or formally charged with an offense may apply to the bureau for a certificate of eligibility to expunge the records of arrest, investigation, and detention that may have been made in the case, subject to the following conditions:
- (a) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;
- (b) there are no criminal proceedings pending against the petitioner; and
- (c) one of the following occurs:
- (i) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case;
- (ii) the entire case is dismissed with prejudice;
- (iii) the entire case is dismissed without prejudice or without condition and:
- (A) the prosecutor consents in writing to the issuance of a certificate of eligibility; or
- (B) at least 180 days have passed since the day on which the case is dismissed;
- (iv) the person is acquitted at trial on all of the charges contained in the case; or
- (v) the statute of limitations expires on all of the charges contained in the case.
- (2) Notwithstanding Subsection (1)(a), the bureau shall issue a certificate of eligibility on an expedited basis to a petitioner seeking expungement under Subsection (1)(c)(iv).
Amended by Chapter 266, 2018 General Session
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