77-40a-402. Distribution for order for vacatur.

279 words·~1 min read·/ut/title-77/chapter-40a/77-40a-402

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

Effective 10/1/2024

(1)An individual who receives an order for vacatur under Subsection 78B-9-108

(2)shall be responsible for delivering a copy of the order for vacatur to all affected agencies.

(2)To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301 .

(3)Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401 .

(4)Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108

(2)may respond to any inquiry as though the conviction did not occur.

(5)The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.

(6)An agency receiving an order for vacatur shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which vacatur is ordered.

(7)An agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:

(a)the individual for whom vacatur was ordered; or

(b)Peace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-40a-403 (2)(b).

(8)The bureau may not count vacated convictions against any future expungement eligibility.

Amended by Chapter 180 , 2024 General Session