77-40a-404. Confirmation of expungement — Access to expunged records by individuals.
| (1) |
An individual who receives an expungement may request a written confirmation from an agency under Subsection 77-40a-403(2) to confirm that the agency has expunged all records of the offense for which the individual received the expungement. |
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Terms Used In Utah Code 77-40a-404
- 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
- Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
| (2) |
The following individuals may view or obtain an expunged record under this chapter or Section 77-27-5.1:
| (a) |
the petitioner or an individual who receives an automatic expungement under Section 77-40a-201; |
| (b) |
a law enforcement officer, who was involved in the case, for use solely in the officer’s defense of a civil action arising out of the officer’s involvement with the petitioner in that particular case; and |
| (c) |
a party to a civil action arising out of the expunged incident if the information is kept confidential and utilized only in the action. |
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Amended by Chapter 265, 2023 General Session
