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Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-201. General provisions for automatic expungement and deletion

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement or deletion under this section if an automatic expungement or deletion has not occurred pursuant to this section.

(2) An automatic expungement performed under this part does not preclude a person from requesting access to expunged records in accordance with Section 77-40a-403 or 77-40a-404.

(3)(a) The Judicial Council and the Supreme Court shall make rules to govern the process for automatic expungement.

(b) The rules under Subsection (3)(a) may authorize:

(i) a presiding judge of a district court to issue an expungement order for any case when the requirements for automatic expungement are met; and

(ii) a presiding judge of a justice court to issue an expungement order for any justice court case within the presiding judge's judicial district when the requirements for automatic expungement are met.

(4) An individual does not have a cause of action for damages as a result of the failure to:

(a) identify an individual's case as eligible for automatic expungement or deletion under this part; or

(b) automatically expunge or delete the records of a case that is eligible under this part.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-201. General provisions for automatic expungement and deletion - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-40a-201/

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