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2021 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 (2021)
Effective 5/5/2021
77-40-104.1. Eligibility for removing the link between personal identifying information and court case dismissed.
Amended by Chapter 272, 2021 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) An individual whose criminal case is dismissed, or civil case filed in accordance with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is denied, may move the court for an order to remove the link between the individual'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 or denied;
- (b) no appeal is filed for the dismissed or denied 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.
Amended by Chapter 272, 2021 General Session
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