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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 109 - Retention and release of expunged records -- Agencies.
Universal Citation:
UT Code § 77-40-109 (2021)
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Effective 5/1/2020
77-40-109. Retention and release of expunged records -- Agencies.
Amended by Chapter 448, 2019 General Session
77-40-109. Retention and release of expunged records -- Agencies.
- (1) The bureau shall keep, index, and maintain all expunged records of arrests and convictions.
- (2)
- (a) Employees of the bureau may not divulge any information contained in the bureau's index to any person or agency without a court order unless specifically authorized by statute.
- (b) The following organizations may receive information contained in expunged records upon specific request:
- (i) the Board of Pardons and Parole;
- (ii) Peace Officer Standards and Training;
- (iii) federal authorities, only as required by federal law;
- (iv) the Department of Commerce;
- (v) the Department of Insurance;
- (vi) the State Board of Education; and
- (vii) the Commission on Criminal and Juvenile Justice, for purposes of investigating applicants for judicial office.
- (c) A person or agency authorized by this Subsection (2) to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the specific request, except as directed by a court order, including distribution on a public website.
- (3) The bureau may also use the information in the bureau's index as provided in Section 53-5-704.
- (4) If, after obtaining an expungement, an individual is charged with a felony or an offense eligible for enhancement based on a prior conviction, the state may petition the court to open the expunged records upon a showing of good cause.
- (5)
- (a) For judicial sentencing, a court may order any records expunged under this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
- (b) The records are confidential and are available for inspection only by the court, parties, counsel for the parties, and any other person who is authorized by the court to inspect them.
- (c) At the end of the action or proceeding, the court shall order the records expunged again.
- (d) Any person authorized by this Subsection (5) to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the court.
- (6) Records released under this chapter are classified as protected under Section 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to Records.
Amended by Chapter 448, 2019 General Session
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