Utah § 77-40a-302 Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.

Utah Statutes

§ 77-40a-302 — Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-40a Expungement of Criminal Records·Part 77-40a-3 Petition for Expungement

(1)Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:

(1)(a) the following time periods have passed:

(1)(a)(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;

(1)(a)(ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and

(1)(a)(iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is

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(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:
(1)(a) the following time periods have passed:
(1)(a)(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;
(1)(a)(ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and
(1)(a)(iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and
(1)(b) one of the following occurs:
(1)(b)(i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;
(1)(b)(ii) all charges in the case are dismissed with prejudice;
(1)(b)(iii) if a charge in the case is dismissed without prejudice or without condition:
(1)(b)(iii)(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or
(1)(b)(iii)(B) at least 180 days have passed after the day on which the charge is dismissed;
(1)(b)(iv) the petitioner is acquitted at trial on all of the charges in the case; or
(1)(b)(v) the statute of limitations expires on all of the charges in the case.
(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
(2)(a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;
(2)(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;
(2)(c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or
(2)(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.

Utah § 77-40a-302 (Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.