77-18-14. Order to expunge -- Distribution of order -- Redaction -- Receipt of order
-- Administrative proceedings -- Division requirements.
(1) Except as otherwise provided in this chapter, upon approval of a petition for
expungement, the court shall enter an order to expunge all records in the petitioner's case which
are in the custody of that court or in the custody of any other court, agency, or official.
(2) The petitioner shall be responsible for service of the order of expungement to all
affected state, county, and local entities, agencies, and officials including the court, arresting
agency, booking agency, Department of Corrections, and the division.
(3) The division shall forward a copy of the expungement order to the Federal Bureau of
Investigation.
(4) In order to avoid destruction or sealing of the records in whole or in part, any state,
county, or local entity, agency, or official receiving an expungement order shall only expunge all
references to the petitioner's name. The petitioner, based on good cause, may petition the court
to expunge the records in whole or in part.
(5) No state, county, or local entity, agency, or official may, after receiving service of an
expungement order, divulge information contained in the expunged portion of the record.
(6) (a) An order of expungement shall not restrict an agency's use or dissemination of
records in its ordinary course of business until the agency has received service of a copy of the
order.
(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 order of expungement may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which
the petitioner had notice according to the records of the administrative body prior to issuance of
the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body
pursuant to its lawful authority prior to issuance of the expungement order; or
(c) remove any evidence relating to the petitioner including records of arrest, which the
administrative body has used or may use in these proceedings.
(8) The division shall provide the petitioner with a list of the agencies affected by this
subsection with clear written directions regarding the requirements of this section.
(9) If, after obtaining an expungement, the petitioner is charged with a felony, the state
may petition the court to open the expunged records upon a showing of good cause.
Amended by Chapter 48, 2009 General Session
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Last revised: Thursday, May 28, 2009