Utah Code 77-40a-404. Confirmation of expungement — Access to expunged records by individuals
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(1) An individual who receives an expungement may request a written confirmation from an agency under Subsection 77-40a-403 (2) to confirm that the agency has expunged all records of the offense for which the individual received the expungement.
Terms Used In Utah Code 77-40a-404
- 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
- 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
- Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
- 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) The following individuals may view or obtain an expunged record under this chapter or Section
77-27-5.1 :(2)(a) the petitioner or an individual who receives an automatic expungement under Part 2, Automatic Expungement and Deletion;(2)(b) a law enforcement officer, who was involved in the case, for use solely in the officer’s defense of a civil action arising out of the officer’s involvement with the petitioner in that particular case; and(2)(c) a party to a civil action arising out of the expunged incident if the information is kept confidential and utilized only in the action.