Title 77 Chapter 40 Section 104
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Utah Code of Criminal Procedure | |
Utah Expungement Act | |
Section 104 | Eligibility for expungement of records of arrest, investigation, and detention -- Requirements. |
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77-40-104. Eligibility for expungement of records of arrest,
investigation, and detention -- Requirements.
(1) A person who has been arrested or formally charged with an offense may apply to the bureau for a certificate of eligibility to expunge all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions: (a) at least 30 days have passed since the arrest for which a certificate of eligibility is sought; (b) there are no criminal proceedings pending against the petitioner; and (c) one of the following occurred: (i) charges were screened by the investigating law enforcement agency and the prosecutor has made a final determination that no charges will be filed in the case; (ii) the entire case was dismissed with prejudice; (iii) the person was acquitted at trial on all of the charges contained in the case; or (iv) the statute of limitations has expired on all of the charges contained in the case. (2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis. Amended by Chapter 136, 2012 General Session | |
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