(1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected agencies.
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Terms Used In Utah Code 77-40a-402 v2

  • 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
  • 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
  • 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
  • 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
  • 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
(2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301.
(3) Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401.
(4) Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
(5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
(6) An agency receiving an order for vacatur shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which vacatur is ordered.
(7) An agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:

     (7)(a) the individual for whom vacatur was ordered; or
     (7)(b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-40a-403(2)(b).
(8) The bureau may not count vacated convictions against any future expungement eligibility.

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