77-40-104 - Eligibility for expungement of records of arrest, investigation, and detention -- Requirements. - Utah Statutes

77-40-104. Eligibility for expungement of records of arrest, investigation, anddetention -- Requirements.
(1) A person who has been arrested with or without a warrant may apply to the bureaufor a certificate of eligibility to expunge all records of arrest, investigation, and detention whichmay have been made in the case, subject to the following conditions:
(a) at least 30 days have passed since the arrest for which a certificate of eligibility issought;
(b) there have been no intervening arrests; and
(c) one of the following occurred:
(i) charges were screened by the investigating law enforcement agency and theprosecutor has made a final determination that no charges will be filed;
(ii) the action against the person was dismissed with prejudice;
(iii) the person was acquitted at trial; or
(iv) the statute of limitations has expired on the offense.
(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement underSubsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.

Enacted by Chapter 283, 2010 General Session