77-18-15. Retention of expunged records -- Agencies.
(1) The division shall keep, index, and maintain all expunged records of arrests and
convictions.
(2) Employees of the division may not divulge any information contained in its index to
any person or agency without a court order, except to the following:
(a) the Board of Pardons and Parole;
(b) the Peace Officer Standards and Training;
(c) federal authorities, unless prohibited by federal law;
(d) the Division of Occupational and Professional Licensing; and
(e) the State Office of Education.
(3) The division may also use the information in its index for the purpose of establishing
good character for issuance of a concealed firearm permit as provided in Section 53-5-704.
(4) A person whose records are released under Subsection (2) shall be given a reasonable
opportunity by the recipient agency to challenge and explain any information in the records and
to challenge the relevancy of that information before a final determination is made by the agency.
(5) A court may permit inspection or release of an expunged record only upon petition by
the person who is the subject of the record and only to the persons named in the petition.
(6) (a) For judicial sentencing, a court may order any records sealed under this section to
be opened and admitted into evidence.
(b) The records are confidential and are available for inspection only by the court,
parties, counsel for the parties, and any other person who is authorized by the court to inspect
them.
(c) At the end of the action or proceeding, the court shall order the records sealed again.
(7) Records released under this section are classified as protected under Section
63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
Records.
Amended by Chapter 382, 2008 General Session
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Last revised: Friday, December 12, 2008