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Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-206. Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice

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

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:

(a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and

(b) the case is eligible for expungement under this section.

(2) Except as provided in Subsection (3), a case is eligible for expungement under this section if:

(a)(i) the case resulted in an acquittal on all charges; and

(ii) at least 60 days have passed after the day on which the case resulted in an acquittal; or

(b)(i) the case is dismissed with prejudice; and

(ii) at least 180 days have passed after the day on which:

(A) for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or

(B) for a case in which an appeal was filed, a court issues a final nonappealable order.

(3) A case is not eligible for expungement under Subsection (2) if:

(a) the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or

(b) the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).

(4) If a court issues an order of expungement under Subsection (1), the court shall:

(a) expunge all records of the case held by the court as described in Section 77-40a-401; and

(b) notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-206. Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-40a-206/

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