Utah record-clearing statutes

These are the Utah statutes that govern expungement. Each entry links to the official text.

• expungement act - definitions — Utah Code § 77-40a-101
• automatic expungement and deletion - general provisions: a petition stays open for a case eligible for automatic expungement that has not been expunged (subsection (1)); the Judicial Council's rules (subsection (3)) — Utah Code § 77-40a-201
• certificate of eligibility to expunge records of arrest, investigation, and detention - the 30-day wait and the five outcomes (subsection (1)); the pending-case, plea-in-abeyance, supervision and protective-order bars (subsection (2)) — Utah Code § 77-40a-302
• certificate of eligibility to expunge records of a conviction - fines, interest and restitution paid and the waits of three, four, five, seven and ten years (subsection (1)); the barred offenses and the other bars (subsections (2)-(3)); the limits on the number of convictions, the drug possession limits, the ten-year easing and what does not count (subsections (4)-(8)) — Utah Code § 77-40a-303
• certificate of eligibility process - the application fee and the bureau's records check, the special certificate, the 180-day certificate and its identification number, the issuance fee and when the bureau waives or bills it (subsections (1)-(8)); the fees set under the state fee process (subsection (9)) — Utah Code § 77-40a-304
• petition for expungement - Rule 42, the certificate's identification number and the three venues (subsection (1)); the court obtains the certificate and may not accept an expired one (subsection (2)); notice to the prosecutor within three days, the 35-day and 60-day objection windows, the 14-day reply, the hearing on an objection and the grant without a hearing after 60 days (subsections (5)-(11)); the fee waiver (subsection (12)) — Utah Code § 77-40a-305
• order of expungement - the clear and convincing standard and its findings (subsection (1)); the court expunges its records and notifies the bureau (subsection (5)); certified copies within 28 days (subsection (6)) — Utah Code § 77-40a-306
• distribution of an expungement order based on a petition - the bureau notifies every affected agency and forwards the order to the Federal Bureau of Investigation (subsection (1)); the petitioner may deliver copies (subsection (2)); each agency expunges under section 77-40a-401 (subsection (3)) — Utah Code § 77-40a-307
• processing of an expungement order - agencies keep and index expunged records (subsection (3)); written confirmation on request and the bureau's fee for it (subsection (4)); the right to answer as though the arrest or conviction did not occur (subsection (5)); an agency's use of its records until it receives the order (subsection (6)) — Utah Code § 77-40a-401
• confirmation of expungement - the written confirmation an individual may request (subsection (1)); who may view an expunged record (subsection (2)) — Utah Code § 77-40a-404
• Title 77, Chapter 40a Expungement of Criminal Records