77-18-9. Definitions.
As used in this chapter:
(1) "Administrative finding" means a decision upon a question of fact reached by an
administrative agency following an administrative hearing or other procedure satisfying the
requirements of due process.
(2) "Certificate of eligibility" means a document issued by the division stating that the
criminal record which is the subject of a petition for expungement is eligible for expungement.
(3) "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.
(4) "Division" means the Criminal Investigations and Technical Services Division of the
Department of Public Safety established in Section 53-10-103.
(5) "Expungement" means the sealing or destruction of a criminal record, including
records of the investigation, arrest, detention, or conviction of the petitioner.
(6) "Jurisdiction" means an area of authority.
(7) "Petitioner" means a person seeking expungement under this chapter.
(8) Second degree forcible felony includes:
(a) aggravated assault, if the person intentionally causes serious bodily injury;
(b) aggravated assault by a prisoner;
(c) aggravated assault on school premises;
(d) intentional child abuse;
(e) criminally negligent automobile homicide;
(f) reckless child abuse homicide;
(g) mayhem;
(h) manslaughter;
(i) kidnaping;
(j) forcible sexual abuse;
(k) robbery;
(l) felony fleeing causing death or serious bodily injury; or
(m) delivery of an explosive to a common carrier.
Amended by Chapter 21, 1999 General Session
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Last revised: Thursday, May 28, 2009