Utah Code 77-40a-401. Distribution of order — Redaction — Receipt of order — Bureau requirements — Administrative proceedings
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(1)
Terms Used In Utah Code 77-40a-401
- Agency: means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. See Utah Code 77-40a-101
- 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 - Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere. See Utah Code 77-40a-101
- Court: means a district court or a justice court. See Utah Code 77-40a-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material, regardless of physical form or characteristics, that:(21)(a) is contained in the agency's file regarding the arrest, detention, investigation, conviction, sentence, incarceration, probation, or parole of an individual; and(21)(b) is prepared, owned, received, or retained by an agency, including a court. See Utah Code 77-40a-101 v2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) The bureau, upon receiving notice from the court, shall notify all criminal justice agencies affected by the expungement order.(1)(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and Parole of an expungement order if the individual has never been:(1)(b)(i) sentenced to prison in this state; or(1)(b)(ii) under the jurisdiction of the Board of Pardons and Parole.(1)(c) A petitioner may deliver copies of the expungement to all criminal justice agencies affected by the order of expungement.
(2) Unless otherwise provided by law or ordered by a court to respond differently, an individual or agency who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(4) An agency receiving an expungement order shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which expungement is ordered.
(5) Unless ordered by a court to do so, or in accordance with Section 77-40a-403, a government agency or official may not divulge information or records that have been expunged.
(6)
(6)(a) An expungement order may not restrict an agency’s use or dissemination of records in the agency’s ordinary course of business until the agency has received a copy of the order.
(6)(b) Any action taken by an agency after issuance of the order but prior to the agency’s receipt of a copy of the order may not be invalidated by the order.
(7) An expungement order may not:
(7)(a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;
(7)(b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body’s lawful authority prior to issuance of the expungement order;
(7)(c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or
(7)(d) prevent an agency from maintaining, sharing, or distributing any record required by law.