7 LONG TITLE
8 General Description:
9 This bill allows for the de-linking of certain court records when cases are dismissed.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows a person to have the link between their personal identifying information and
13 a court case that has been dismissed eliminated.
14 Money Appropriated in this Bill:
16 Other Special Clauses:
18 Utah Code Sections Affected:
20 77-40-104.1, as last amended by Laws of Utah 2019, Chapter 448
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 77-40-104.1 is amended to read:
24 77-40-104.1. Eligibility for removing the link between personal identifying
25 information and court case dismissed.
26 (1) As used in this section:
27 (a) "Domestic violence offense" means the same as that term is defined in Section
29 (b) "Personal identifying information" means:
30 (i) a current name, former name, nickname, or alias; and
31 (ii) date of birth.
32 (2) An individual whose criminal case is dismissed, or civil case filed in accordance
33 with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is [
34 may move the court for an order to remove the link between the individual's personal
35 identifying information from the dismissed case in any publicly searchable database of the Utah
36 state courts and the court shall grant that relief if:
37 (a) 30 days have passed from the day on which the case is dismissed or denied;
38 (b) no appeal is filed for the dismissed or denied case within the 30-day period
39 described in Subsection (2)(a); and
40 (c) no charge in the case was a domestic violence offense.
41 (3) Removing the link to personal identifying information of a court record under
42 Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
43 (4) A case history, unless expunged under this chapter, remains public and accessible
44 through a search by case number.