In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:

(1) implement procedures for processing an automatic expungement;

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Terms Used In Utah Code 77-40a-104 v2

  • Automatic expungement: means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition. See Utah Code 77-40a-101
  • Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-40a-101
  • Certificate of eligibility: means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. See Utah Code 77-40a-101
  • Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
(2) implement procedures for applying for certificates of eligibility;
(3) specify procedures for receiving a certificate of eligibility;
(4) create forms and determine information necessary to be provided to the bureau; and
(5) implement procedures for the confirmation of an expungement under Subsection 77-40a-401(4).