46-18-1110. Expungement orders.
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/mt/title-46/chapter-18/part-11/46-18-1110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-18-1110 . Expungement orders.
(1)When multiple misdemeanor offenses are requested to be expunged, the court may order expungement of all, some, or none of the misdemeanor offenses.
(2)If an order of expungement is granted:
(a)the order must direct, for each offense being expunged, the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, and the clerk of the court in which the person was sentenced to permanently seal all records of the arrest, investigation, and detention, if any, and any court proceedings that may have been held in the case in the possession of the recipient of the order within existing resources; and
(b)the person whose records are to be expunged shall send, for each offense being expunged, a copy of the order to the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, the clerk of the court in which the person was sentenced, and the department of justice, along with the fingerprints taken pursuant to 46-18-1104 for validating identity and a form prepared by the department of justice that contains identifying information about the petitioner.
(3)On receipt of an expungement order sent pursuant to subsection (2)(b), the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order.