77-40a-401. Distribution of order — Redaction — Receipt of order — Bureau requirements — Administrative proceedings.
| (1) |
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Terms Used In Utah Code 77-40a-401- 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
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Conviction: means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere. See Utah Code 77-40a-101
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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) |
The bureau, upon receiving notice from the court, shall notify all criminal justice agencies affected by the expungement order. |
| (b) |
For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and Parole of an expungement order if the individual has never been:
| (i) |
sentenced to prison in this state; or |
| (ii) |
under the jurisdiction of the Board of Pardons and Parole. |
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| (c) |
A petitioner may deliver copies of the expungement to all criminal justice agencies affected by the order of expungement. |
| (d) |
An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau’s record may be expunged. |
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| (2) |
Unless otherwise provided by law or ordered by a court to respond differently, an individual or agency who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur. |
| (3) |
The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation. |
| (4) |
An agency receiving an expungement order shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which expungement is ordered. |
| (5) |
Unless ordered by a court to do so, or in accordance with Section 77-40a-403, a government agency or official may not divulge information or records that have been expunged. |
| (6) |
| (a) |
An expungement order may not restrict an agency’s use or dissemination of records in the agency’s ordinary course of business until the agency has received a copy of the order. |
| (b) |
Any action taken by an agency after issuance of the order but prior to the agency’s receipt of a copy of the order may not be invalidated by the order. |
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| (7) |
An expungement order may not:
| (a) |
terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order; |
| (b) |
affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body’s lawful authority prior to issuance of the expungement order; |
| (c) |
remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or |
| (d) |
prevent an agency from maintaining, sharing, or distributing any record required by law. |
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Amended by Chapter 265, 2023 General Session
