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2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 108 - Distribution of order -- Redaction -- Receipt of order -- Administrative proceedings -- Bureau requirements.
Universal Citation: UT Code § 77-40-108 (2018)
Effective 5/9/2017
77-40-108. Distribution of order -- Redaction -- Receipt of order -- Administrative proceedings -- Bureau requirements.
Amended by Chapter 356, 2017 General Session
77-40-108. Distribution of order -- Redaction -- Receipt of order -- Administrative proceedings -- Bureau requirements.
- (1)
- (a) A person who receives an order of expungement under this chapter or Section 77-27-5.1 shall be responsible for delivering a copy of the order of expungement to all affected criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.
- (b) A person who receives an order of expungement under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged.
- (2) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, a person who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1, may respond to any inquiry as though the arrest or conviction did not occur.
- (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
- (4) An agency receiving an expungement order shall expunge the petitioner's identifying information contained in records in its possession relating to the incident for which expungement is ordered.
- (5) Unless ordered by a court to do so, or in accordance with Subsection 77-40-109(2), a government agency or official may not divulge information or records which have been expunged regarding the petitioner contained in a record of arrest, investigation, detention, or conviction after receiving an expungement order.
- (6)
- (a) An order of expungement may not restrict an agency's use or dissemination of records in its ordinary course of business until the agency has received a copy of the order.
- (b) Any action taken by an agency after issuance of the order but prior to the agency's receipt of a copy of the order may not be invalidated by the order.
- (7) An order of expungement may not:
- (a) terminate or invalidate any pending administrative proceedings or actions of which the petitioner had notice according to the records of the administrative body prior to issuance of the expungement order;
- (b) affect the enforcement of any order or findings issued by an administrative body pursuant to its lawful authority prior to issuance of the expungement order;
- (c) remove any evidence relating to the petitioner including records of arrest, which the administrative body has used or may use in these proceedings; or
- (d) prevent an agency from maintaining, sharing, or distributing any record required by law.
Amended by Chapter 356, 2017 General Session
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