Utah Code 77-40a-304. Certificate of eligibility process — Issuance of certificate — Fees
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(1)
Terms Used In Utah Code 77-40a-304
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Court: means a district court or a justice court. 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 - Minor regulatory offense: includes an offense under Section
76-9-701 or76-10-105 . See Utah Code 77-40a-101 - Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea in abeyance: means the same as that term is defined in Section
77-2a-1 . See Utah Code 77-40a-101 - Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Special certificate: means a document issued as described in Subsection
77-40a-304 (1)(c) 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 - Traffic offense: means , except as provided in Subsection (21)(b):(21)(a)(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;(21)(a)(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;(21)(a)(iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and(21)(a)(iv) all local ordinances that are substantially similar to an offense listed in Subsections (21)(a)(i) through (iii). See Utah Code 77-40a-101(1)(a) When a petitioner applies for a certificate of eligibility as described in Subsection
77-40a-301 (1):(1)(a)(i) the petitioner shall pay an application fee at the time the petitioner submits an application for a certificate of eligibility to the bureau; and(1)(a)(ii) the bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner is eligible to receive a certificate of eligibility under this chapter.(1)(b) For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention, and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred.(1)(c) If a disposition for an arrest on the criminal history file is unobtainable after reasonable research, the bureau may issue a special certificate giving determination of eligibility to the court, except that the bureau may not issue the special certificate if:(1)(c)(i) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;(1)(c)(ii) 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; or(1)(c)(iii) 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.
(2)
(2)(a) Once the eligibility process is complete, the bureau shall notify the petitioner.
(2)(b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303 and the bureau determines that the issuance of a certificate of eligibility or special certificate is appropriate:
(2)(b)(i) the bureau shall issue a certificate of eligibility or special certificate that is valid for a period of 180 days from the day on which the certificate is issued;
(2)(b)(ii) the bureau shall provide a petitioner with an identification number for the certificate of eligibility or special certificate; and
(2)(b)(iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for the issuance of a certificate of eligibility or special certificate.
(3) The bureau shall issue a certificate of eligibility or special certificate without requiring the payment of the issuance fee if the petitioner qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
(4) The bureau shall include on a certificate of eligibility all information that is needed for the court to issue a valid expungement order.
(5) The bureau shall provide clear written instructions to the petitioner that explain:
(5)(a) the process for a petition for expungement; and
(5)(b) what is required of the petitioner to complete the process for a petition for expungement.
(6) The bureau shall charge application and issuance fees for a certificate of eligibility or special certificate in accordance with the process in Section 63J-1-504 .
(7) The department shall deposit funds generated by application and issuance fees under this section into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility for expungement.