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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 116 - Time periods for expungement or deletion -- Identification and processing of clean slate eligible cases.
Universal Citation:
UT Code § 77-40-116 (2021)
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Effective 5/1/2020
77-40-116. Time periods for expungement or deletion -- Identification and processing of clean slate eligible cases.
Enacted by Chapter 448, 2019 General Session
77-40-116. Time periods for expungement or deletion -- Identification and processing of clean slate eligible cases.
- (1) Reasonable efforts within available funding shall be made to expunge or delete a case as quickly as is practicable with the goal of:
- (a) for cases adjudicated on or after May 1, 2020:
- (i) expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal;
- (ii) expunging a case that resulted in a dismissal with prejudice, other than a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b), 180 days after:
- (A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or
- (B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order;
- (iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40-114, determining that the requirements for expungement have been satisfied; or
- (iv) deleting a clean slate eligible case that is a traffic offense upon identification; and
- (b) for cases adjudicated before May 1, 2020, expunging or deleting a case within one year of the day on which the case is identified as eligible for automatic expungement or deletion.
- (a) for cases adjudicated on or after May 1, 2020:
- (2)
- (a) The Judicial Council shall make rules governing the identification and processing of clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115.
- (b) Reasonable efforts shall be made to identify and process all clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115.
- (c) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as a clean slate eligible case or to automatically expunge or delete the records of a clean slate eligible case.
Enacted by Chapter 448, 2019 General Session
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