Title 77 Chapter 40a Part 3 Section 301

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Index	Utah Code
Title 77	Utah Code of Criminal Procedure
Chapter 40a	Expungement of Criminal Records
Part 3	Petition for Expungement
Section 301	Application for certificate of eligibility for expungement -- Penalty for false or misleading information on application. *(Effective 10/1/2024)*

Effective 10/1/2024
77-40a-301. Application for certificate of eligibility for expungement -- Penalty for false or misleading information on application.

(1)

If an individual seeks to expunge the individual's criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall:

(a)	except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304;

(b)	except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for the certificate of eligibility or special certificate as described in Section 77-40a-304 if the individual is eligible to receive a certificate of eligibility or special certificate; and

(c)	file a petition for expungement in accordance with Section 77-40a-305.

(2)

(a)	An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.

(b)	Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.

Amended by Chapter 180, 2024 General Session

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