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 § 77-40a-302

Title 77Utah Code of Criminal Procedure

Ch. 77-40aExpungement of Criminal Records

Part 77-40a-3Petition for Expungement

This text of Utah § 77-40a-302 (Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-40a-302 (2026).

Text

(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.