77-40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.

411 words·~2 min read·/ut/title-77/chapter-40a/77-40a-302

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

Effective 10/1/2024

(1)Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:

(a)the following time periods have passed:

(i)at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;

(ii)at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and

(iii)at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and

(b)one of the following occurs:

(i)an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;

(ii)all charges in the case are dismissed with prejudice;

(iii)if a charge in the case is dismissed without prejudice or without condition:

(A)the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or

(B)at least 180 days have passed after the day on which the charge is dismissed;

(iv)the petitioner is acquitted at trial on all of the charges in the case; or

(v)the statute of limitations expires on all of the charges in the case.

(2)A petitioner is not eligible for a certificate of eligibility under Subsection

(1)if:

(a)there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;

(b)there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;

(c)the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or

(d)there is a criminal protective order or a criminal stalking injunction in effect for the case.

Amended by Chapter 180 , 2024 General Session