Utah Code 77-40a-201. Automatic expungement procedure

77-40a-201. Automatic expungement procedure.

(1)

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Terms Used In Utah Code 77-40a-201

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
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
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
Clean slate eligible case: includes a case:

(i)

that is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) if:

(A)	except as provided in Subsection (4)(c), each charge within the case is a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;

(B)	the individual involved meets the requirements of Subsection (4)(a)(ii); and

(C)	the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed; or

(ii)

where charges are dismissed without prejudice if each conviction, or charge that was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or (b)(i). See Utah Code 77-40a-101

Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101

Person: means :Utah Code 68-3-12.5

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

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

Traffic offense: means , except as provided in Subsection (15)(b):

(i)	an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;

(ii)	an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under 2;

(iii)

an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and

(iv)

all local ordinances that are substantially similar to an offense listed in Subsections (15)(a)(i) through (iii). See Utah Code 77-40a-101

(a)

Except as provided in Subsection (1)(b) and subject to Section 77-40a-203, this section governs the process for the automatic expungement of all records in:

(i)	except as provided in Subsection (2)(e), a case that resulted in an acquittal on all charges;

(ii)	except as provided in Subsection (3)(e), a case that is dismissed with prejudice; or

(iii)

a case that is a clean slate eligible case.

(b)	This section does not govern automatic expungement of a traffic offense.

(2)

(a)	Except as provided in Subsection (2)(e), the process for automatic expungement of records for a case that resulted in an acquittal on all charges is as described in Subsections (2)(b) through (d).

(b)

If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:

(i)	issue, without a petition, an expungement order; and

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

(c)	The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.

(d)	For a case resulting in an acquittal on all charges on or before May 1, 2020, that is automatically expunged under this Subsection (2), a law enforcement agency shall expunge records for the case within one year after the day on which the law enforcement agency receives notice from the bureau.

(e)	For purposes of this section, a case that resulted in acquittal on all charges does not include a case that resulted in an acquittal because the individual is found not guilty by reason of insanity.

(3)

(a)	The process for an automatic expungement of a case that is dismissed with prejudice is as described in Subsections (3)(b) through (d).

(b)

If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:

(i)	issue, without a petition, an expungement order; and

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

(c)	The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.

(d)	For a case dismissed on or before May 1, 2020, that is automatically expunged under this Subsection (3), a law enforcement agency shall expunge records for the case within one year after the day on which the law enforcement agency receives notice from the bureau.

(e)	For purposes of this Subsection (3), a case that is dismissed with prejudice does not include a case that 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)

(a)	The process for the automatic expungement of a clean slate eligible case is as described in Subsections (4)(b) through (g) and in accordance with any rules made by the Judicial Council or the Supreme Court.

(b)	A prosecuting agency, that has complied with Rule 42 of the Utah Rules of Criminal Procedure, shall receive notice on a monthly basis for any case prosecuted by that agency that appears to be a clean slate eligible case.

(c)

Within 35 days of the day on which the notice described in Subsection (4)(b) is sent, the prosecuting agency shall provide written notice in accordance with any rules made by the Judicial Council or the Supreme Court if the prosecuting agency objects to an automatic expungement for any of the following reasons:

(i)	after reviewing the agency record, the prosecuting agency believes that the case does not meet the definition of a clean slate eligible case;

(ii)	the individual has not paid court-ordered restitution to the victim; or

(iii)

the prosecuting agency has a reasonable belief, grounded in supporting facts, that an individual with a clean slate eligible case is continuing to engage in criminal activity within or outside of the state.

(d)

(i)	If a prosecuting agency provides written notice of an objection for a reason described in Subsection (4)(c) within 35 days of the day on which the notice described in Subsection (4)(b) is sent, the court may not proceed with automatic expungement.

(ii)	If 35 days pass from the day on which the notice described in Subsection (4)(b) is sent without the prosecuting agency providing written notice of an objection for a reason described in Subsection (4)(c), the court may proceed with automatic expungement.

(e)

If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:

(i)	issue, without a petition, an expungement order; and

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

(f)	The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.

(g)	For a clean slate case adjudicated or dismissed on or before May 1, 2020, that is automatically expunged under this Subsection (4), a law enforcement agency shall expunge records for the case within one year after the day on which the law enforcement agency receives notice from the bureau.

(5)	Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement under this section if an automatic expungement has not occurred pursuant to this section.

(6)	An automatic expungement performed under this section does not preclude a person from requesting access to expunged records in accordance with Section 77-40a-403 or 77-40a-404.

(7)

(a)	The Judicial Council and the Supreme Court shall make rules to govern the process for automatic expungement.

(b)

The rules under Subsection (7)(a) may authorize:

(i)	a presiding judge of a district court to issue an expungement order for any case when the requirements for automatic expungement are met; and

(ii)	a presiding judge of a justice court to issue an expungement order for any justice court case within the presiding judge’s judicial district when the requirements for automatic expungement are met.

Renumbered and Amended by Chapter 250, 2022 General Session

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