77-40a-104.  Department rulemaking authority.
     In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:

(1)  implement procedures for processing an automatic expungement;

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Terms Used In Utah Code 77-40a-104

  • Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-40a-101
  • Certificate of eligibility: means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. See Utah Code 77-40a-101
  • Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
(2)  implement procedures for applying for certificates of eligibility;

(3)  specify procedures for receiving a certificate of eligibility;

(4)  create forms and determine information necessary to be provided to the bureau; and

(5)  implement procedures for the confirmation of an expungement under Subsection 77-40a-403(2).

Amended by Chapter 265, 2023 General Session