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Utah Code
2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 104 - Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.
Universal Citation:
UT Code § 77-40-104 (2021)
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Effective 5/1/2020
77-40-104. Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.
An individual 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:
Amended by Chapter 448, 2019 General Session
77-40-104. Requirements to apply for certificate of eligibility to expunge records of arrest, investigation, and detention.
An individual 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:
- (1) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;
- (2) there are no criminal proceedings pending against the individual; and
- (3) one of the following occurs:
- (a) 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;
- (b) the entire case is dismissed with prejudice;
- (c) the entire case is dismissed without prejudice or without condition and:
- (i) the prosecutor consents in writing to the issuance of a certificate of eligibility; or
- (ii) at least 180 days have passed since the day on which the case is dismissed;
- (d) the individual is acquitted at trial on all of the charges contained in the case; or
- (e) the statute of limitations expires on all of the charges contained in the case.
Amended by Chapter 448, 2019 General Session
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