77-18-10.   Petition -- Expungement of records of arrest, investigation, and detention -- Eligibility conditions -- No filing fee.
     (1) A person who has been arrested with or without a warrant may petition the court in which the proceeding occurred or, if there were no court proceedings, any court in the jurisdiction where the arrest occurred, for an order expunging any and all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:
     (a) at least 30 days have passed since the arrest for which expungement is sought;
     (b) there have been no intervening arrests; and
     (c) one of the following occurred:
     (i) the person was released without the filing of formal charges;
     (ii) proceedings against the person were dismissed;
     (iii) the person was discharged without a conviction and no charges were refiled within 30 days;
     (iv) the record of any proceedings against the person has been sealed; or
     (v) the person was acquitted at trial.
     (2) (a) A person seeking expungement under Subsection (1) may petition the court for expungement before the expiration of the 30 days required by Subsection (1)(a) if he believes extraordinary circumstances exist and the court orders the division to proceed with the eligibility process.
     (b) A court may, with the receipt of a certificate of eligibility, order expungement if the court finds that the petitioner is eligible for relief under this subsection and in the interest of justice the order should be issued prior to the expiration of the 30-day period required by Subsection (1)(a).
     (3) The petitioner seeking expungement under Subsection (1)(c)(i), (ii), (iii), or (iv) shall file a certificate of eligibility issued by the division to be reviewed by the prosecuting attorney and the court prior to issuing an order granting the expungement.
     (4) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(v), shall be issued a certificate of eligibility by the division on an expedited basis unless the petitioner has had an intervening arrest. The certificate of eligibility is to be reviewed by the prosecuting attorney and the court prior to issuing an order to grant the expungement.
     (5) If the court finds that the petitioner is eligible for relief under this section, it shall issue an order granting the expungement.
     (6) No filing fees or other administrative charges shall be assessed against a successful petitioner under this section.
     (7) As provided in Subsection 78A-2-301(1)(i), there is no fee for a petition filed under Subsection (2).
     (8) A person who has received expungement of an arrest under this section may respond to any inquiry as though the arrest did not occur, unless otherwise provided by law.

Amended by Chapter 48, 2009 General Session
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Last revised: Thursday, May 28, 2009