Utah Code 77-40a-203. Time periods for expungement or deletion — Identification and processing of clean slate eligible cases

77-40a-203. Time periods for expungement or deletion — Identification and processing of clean slate eligible cases.

(1)

Reasonable efforts within available funding shall be made to expunge or delete a case as quickly as is practicable with the goal of:

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Terms Used In Utah Code 77-40a-203

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

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

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

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

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

Traffic offense case: means that each offense in the case is a traffic offense. See Utah Code 77-40a-101

(a)

for cases adjudicated on or after May 1, 2020:

(i)	expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal;

(ii)

expunging a case that resulted in a dismissal with prejudice, other than 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), 180 days after:

(A)	for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or

(B)	for a case in which an appeal was filed, the day on which a court issues a final unappealable order;

(iii)

expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40a-201, determining that the requirements for expungement have been satisfied; or

(iv)	deleting a traffic offense case described in Subsection 77-40a-202(1)(c) upon identification; and

(b)	for cases adjudicated before May 1, 2020, expunging or deleting a case within one year of the day on which the case is identified as eligible for automatic expungement or deletion.

(2)

(a)	The Judicial Council or the Supreme Court shall make rules governing the identification and processing of clean slate eligible cases in accordance with Section 77-40a-201.

(b)	Reasonable efforts shall be made to identify and process all clean slate eligible cases in accordance with Section 77-40a-201.

(c)	An individual does not have a cause of action for damages as a result of the failure to identify an individual’s case as a clean slate eligible case or to automatically expunge or delete the records of a clean slate eligible case.

Renumbered and Amended by Chapter 250, 2022 General Session

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