77-40a-402. Distribution for order for vacatur.
| (1) |
An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials. |
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Terms Used In Utah Code 77-40a-402
- 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
- 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
- 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.
- 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
| (2) |
To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301. |
| (3) |
Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401. |
| (4) |
Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may respond to any inquiry as though the conviction did not occur. |
| (5) |
The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation. |
| (6) |
An agency receiving an order for vacatur shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which vacatur is ordered. |
| (7) |
A government agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:
| (a) |
the individual for whom vacatur was ordered; or |
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| (8) |
The bureau may not count vacated convictions against any future expungement eligibility. |
Amended by Chapter 265, 2023 General Session
