(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.
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Terms Used In Utah Code 77-40a-201 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
  • Court: means a district court or a justice court. See Utah Code 77-40a-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(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)

     (3)(a) The Judicial Council and the Supreme Court shall make rules to govern the process for automatic expungement.
     (3)(b) The rules under Subsection (3)(a) may authorize:

          (3)(b)(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
          (3)(b)(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:

     (4)(a) identify an individual’s case as eligible for automatic expungement or deletion under this part; or
     (4)(b) automatically expunge or delete the records of a case that is eligible under this part.
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