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Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) As used in this section:

(a) “Domestic violence offense” means the same as that term is defined in Section 77-36-1.

(b) “Personal identifying information” means:

(i) a current name, former name, nickname, or alias; and

(ii) date of birth.

(2)(a) An individual whose criminal case is dismissed may move the court for an order to remove the link between the individual's personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts.

(b) If a motion is filed under Subsection (2)(a), the court shall grant the motion if:

(i) 30 days have passed from the day on which the case is dismissed;

(ii) no appeal is filed for the dismissed case within the 30-day period described in Subsection (2)(b)(i); and

(iii) no charge in the case was a domestic violence offense.

(3) Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency's records.

(4) A case history, unless expunged under this chapter, remains public and accessible through a search by case number.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-40a-105/

Read this complete Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-105. Eligibility for removing the link between personal identifying information and court case dismissed on Westlaw. Westlaw subscription required.

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