§ 77-40a-207 — Automatic expungement by the bureau.

(1) Upon receiving notice from a court of an expungement order under this part, the bureau shall expunge all records of the case in accordance with Section 77-40a-401.
(2) (2)(a) Notwithstanding Subsection (1) or Section 77-40a-205, the bureau may request that a court vacate an expungement order issued under this part if the bureau determines that:
(2)(a)(i) the order is expunging:
(2)(a)(i)(A) a case that was dismissed as a result of a plea held in abeyance; or
(2)(a)(i)(B) a conviction of an offense; and
(2)(a)(ii) the offense was not eligible for expungement under this part at the time that the court issued the order.
(2)(b) The court shall vacate an expungement order issued under this part if the court determines that the offense was not eligible for expungement under this part at the time the court issued the order.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(4) Except for the court and the bureau, an agency is not required to expunge all records of a case that is automatically expunged under this part.

Legislative History

Amended by Chapter 239, 2025 General Session