77-40a-206. Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

316 words·~1 min read·/ut/title-77/chapter-40a/77-40a-206·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/1/2024

(1)A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:

(a)on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204 ; and

(b)the case is eligible for expungement under this section.

(2)Except as provided in Subsection (3), a case is eligible for expungement under this section if:

(i)the case resulted in an acquittal on all charges; and

(ii)at least 60 days have passed after the day on which the case resulted in an acquittal; or

(i)the case is dismissed with prejudice; and

(ii)at least 180 days have passed after the day on which:

(A)for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or

(B)for a case in which an appeal was filed, a court issues a final nonappealable order.

(3)A case is not eligible for expungement under Subsection

(2)if:

(a)the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or

(b)the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3 (2)(b).

(4)If a court issues an order of expungement under Subsection (1), the court shall:

(a)expunge all records of the case held by the court as described in Section 77-40a-401 ; and

(b)notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.

Enacted by Chapter 180 , 2024 General Session