Skip to main content
Find a Lawyer

Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention

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

(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:

(a) the following time periods have passed:

(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;

(ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and

(iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and

(b) one of the following occurs:

(i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;

(ii) all charges in the case are dismissed with prejudice;

(iii) if a charge in the case is dismissed without prejudice or without condition:

(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or

(B) at least 180 days have passed after the day on which the charge is dismissed;

(iv) the petitioner is acquitted at trial on all of the charges in the case; or

(v) the statute of limitations expires on all of the charges in the case.

(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:

(a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;

(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;

(c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or

(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-40a-302/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard