77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed.
| (1) |
As used in this section:
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Terms Used In Utah Code 77-40a-105- Agency: means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. See Utah Code 77-40a-101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Domestic violence offense” means the same as that term is defined in Section 77-36-1. |
| (b) |
“Personal identifying information” means:
| (i) |
a current name, former name, nickname, or alias; and |
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| (2) |
| (a) |
An individual whose criminal case is dismissed, or civil case filed in accordance with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is denied, may move the court for an order to remove the link between the individual’s personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts. |
| (b) |
If a motion is filed under Subsection (2)(a), the court shall grant the motion if:
| (i) |
30 days have passed from the day on which the case is dismissed or denied; |
| (ii) |
no appeal is filed for the dismissed or denied case within the 30-day period described in Subsection (2)(b)(i); and |
| (iii) |
no charge in the case was a domestic violence offense. |
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| (3) |
Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency‘s records. |
| (4) |
A case history, unless expunged under this chapter, remains public and accessible through a search by case number. |
Renumbered and Amended by Chapter 250, 2022 General Session
