§ 77-40a-206 — Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:
(1)(a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and
(1)(b) the case is eligible for expungement under this section.
(2) Except as provided in Subsection (3), a case is eligible for expungement under this section if:
(2)(a) (2)(a)(i) the case resulted in an acquittal on all charges; and
(2)(a)(ii) at least 60 days have passed after the day on which the case resulted in an acquittal; or
(2)(b) (2)(b)(i) the case is dismissed with prejudice; and
(2)(b)(ii) at least 180 days have passed after the day on which:
(2)(b)(ii)(A) for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or
(2)(b)(ii)(B) for a case in which an appeal was filed, a court issues a final nonappealable order.
(3) A case is not eligible for expungement under Subsection (2) if:
(3)(a) the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or
(3)(b) the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).
(4) If a court issues an order of expungement under Subsection (1), the court shall:
(4)(a) expunge all records of the case held by the court as described in Section 77-40a-401; and
(4)(b) notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.

Legislative History

Enacted by Chapter 180, 2024 General Session