Representative Raymond P. Ward proposes the following substitute bill:


1     
EXPUNGEMENT MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Raymond P. Ward

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to expungement.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the duties of the Utah Prosecution Council;
13          ▸     recodifies Title 77, Chapter 40, Utah Expungement Act;
14          ▸     amends definitions related to expungement;
15          ▸     amends the procedures for the automatic expungement of certain offenses;
16          ▸     amends provisions regarding rules made by the Judicial Council or the Supreme
17     Court;
18          ▸     modifies the requirements for the automatic deletion of traffic offenses;
19          ▸     modifies the requirements for a certificate of eligibility to expunge the records of an
20     arrest, investigation, or detention;
21          ▸     modifies the requirements for a certificate of eligibility to expunge a record of a
22     conviction;
23          ▸     requires the Bureau of Criminal Identification to provide information needed for the
24     issuance of an expungement order and to provide clear written instructions to
25     petitioners regarding the process for a petition for expungement;

26          ▸     modifies the requirements for a petition for expungement, including notice
27     requirements concerning prosecutorial entities;
28          ▸     provides that a certificate of eligibility is not required for a petition of expungement
29     for certain offenses;
30          ▸     requires the Bureau of Criminal Identification to notify all criminal justice agencies
31     affected by an order of expungement with an exception for the Board of Pardons
32     and Parole;
33          ▸     prohibits employees of an agency from divulging information contained in an
34     expunged record with certain exceptions;
35          ▸     allows an agency or a research institution to use expunged records if the agency or a
36     research institution follows certain requirements;
37          ▸     allows a prosecuting attorney to communicate with another prosecuting attorney
38     regarding expunged records for certain offenses;
39          ▸     prohibits a prosecuting attorney from using an expunged record for a sentencing
40     enhancement or as a basis for charging the individual with an offense that requires a
41     prior conviction, unless there is a showing of good cause; and
42          ▸     makes technical and conforming changes.
43     Money Appropriated in this Bill:
44          None
45     Other Special Clauses:
46          None
47     Utah Code Sections Affected:
48     AMENDS:
49          53-5-704, as last amended by Laws of Utah 2021, Chapters 141 and 166
50          53-10-202.5, as last amended by Laws of Utah 2017, Chapter 286
51          53E-6-506, as last amended by Laws of Utah 2019, Chapter 186
52          67-5a-1, as last amended by Laws of Utah 2019, Chapter 86
53          78B-9-108, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
54     ENACTS:
55          77-40a-301, Utah Code Annotated 1953
56          77-40a-306, Utah Code Annotated 1953

57     RENUMBERS AND AMENDS:
58          77-40a-101, (Renumbered from 77-40-102, as last amended by Laws of Utah 2021,
59     Chapters 206 and 260)
60          77-40a-102, (Renumbered from 77-40-101.5, as last amended by Laws of Utah 2021,
61     Chapter 262)
62          77-40a-103, (Renumbered from 77-40-113, as renumbered and amended by Laws of
63     Utah 2010, Chapter 283)
64          77-40a-104, (Renumbered from 77-40-111, as last amended by Laws of Utah 2019,
65     Chapter 448)
66          77-40a-105, (Renumbered from 77-40-104.1, as last amended by Laws of Utah 2021,
67     Chapter 272)
68          77-40a-201, (Renumbered from 77-40-114, as last amended by Laws of Utah 2020,
69     Chapter 218)
70          77-40a-202, (Renumbered from 77-40-115, as enacted by Laws of Utah 2019, Chapter
71     448)
72          77-40a-203, (Renumbered from 77-40-116, as enacted by Laws of Utah 2019, Chapter
73     448)
74          77-40a-302, (Renumbered from 77-40-104, as last amended by Laws of Utah 2019,
75     Chapter 448)
76          77-40a-303, (Renumbered from 77-40-105, as last amended by Laws of Utah 2021,
77     Chapters 206, 260 and last amended by Coordination Clause, Laws of Utah 2021,
78     Chapter 261)
79          77-40a-304, (Renumbered from 77-40-106, as last amended by Laws of Utah 2017,
80     Chapter 356)
81          77-40a-305, (Renumbered from 77-40-107, as last amended by Laws of Utah 2021,
82     Chapter 206)
83          77-40a-401, (Renumbered from 77-40-108, as last amended by Laws of Utah 2019,
84     Chapter 448)
85          77-40a-402, (Renumbered from 77-40-108.5, as last amended by Laws of Utah 2019,
86     Chapter 448)
87          77-40a-403, (Renumbered from 77-40-109, as last amended by Laws of Utah 2019,

88     Chapter 448)
89          77-40a-404, (Renumbered from 77-40-110, as last amended by Laws of Utah 2019,
90     Chapter 448)
91          77-40a-405, (Renumbered from 77-40-112, as last amended by Laws of Utah 2017,
92     Chapters 356 and 447)
93     REPEALS:
94          77-40-101, as enacted by Laws of Utah 2010, Chapter 283
95          77-40-103, as last amended by Laws of Utah 2020, Chapters 12, 12, and 218
96     

97     Be it enacted by the Legislature of the state of Utah:
98          Section 1. Section 53-5-704 is amended to read:
99          53-5-704. Bureau duties -- Permit to carry concealed firearm -- Certification for
100     concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
101     suspension, or revocation -- Appeal procedure.
102          (1) (a) Except as provided in Subsection (1)(b), the bureau shall issue a permit to carry
103     a concealed firearm for lawful self defense to an applicant who is 21 years old or older within
104     60 days after receiving an application, unless the bureau finds proof that the applicant is not
105     qualified to hold a permit under Subsection (2) or (3).
106          (b) (i) Within 90 days before the day on which a provisional permit holder under
107     Section 53-5-704.5 reaches 21 years old, the provisional permit holder may apply under this
108     section for a permit to carry a concealed firearm for lawful self defense.
109          (ii) The bureau shall issue a permit for an applicant under Subsection (1)(b)(i) within
110     60 days after receiving an application, unless the bureau finds proof that the applicant is not
111     qualified to hold a permit under Subsection (2) or (3).
112          (iii) A permit issued under this Subsection (1)(b):
113          (A) is not valid until an applicant is 21 years old; and
114          (B) requires a $10 application fee.
115          (iv) A person who applies for a permit under this Subsection (1)(b) is not required to
116     retake the firearms training described in Subsection 53-5-704(8).
117          (c) The permit is valid throughout the state for five years, without restriction, except as
118     otherwise provided by Section 53-5-710.

119          (d) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
120     apply to an individual issued a permit under Subsection (1)(a) or (b).
121          (e) Subsection (4)(a) does not apply to a nonresident:
122          (i) active duty service member, who presents to the bureau orders requiring the active
123     duty service member to report for duty in this state; or
124          (ii) active duty service member's spouse, stationed with the active duty service member,
125     who presents to the bureau the active duty service member's orders requiring the service
126     member to report for duty in this state.
127          (2) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if the
128     applicant or permit holder:
129          (i) has been or is convicted of a felony;
130          (ii) has been or is convicted of a crime of violence;
131          (iii) has been or is convicted of an offense involving the use of alcohol;
132          (iv) has been or is convicted of an offense involving the unlawful use of narcotics or
133     other controlled substances;
134          (v) has been or is convicted of an offense involving moral turpitude;
135          (vi) has been or is convicted of an offense involving domestic violence;
136          (vii) has been or is adjudicated by a state or federal court as mentally incompetent,
137     unless the adjudication has been withdrawn or reversed; and
138          (viii) is not qualified to purchase and possess a firearm pursuant to Section 76-10-503
139     and federal law.
140          (b) In determining whether an applicant or permit holder is qualified to hold a permit
141     under Subsection (2)(a), the bureau shall consider mitigating circumstances.
142          (3) (a) The bureau may deny, suspend, or revoke a concealed firearm permit if it has
143     reasonable cause to believe that the applicant or permit holder has been or is a danger to self or
144     others as demonstrated by evidence, including:
145          (i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
146          (ii) past participation in incidents involving unlawful violence or threats of unlawful
147     violence; or
148          (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
149          (b) The bureau may not deny, suspend, or revoke a concealed firearm permit solely for

150     a single conviction of an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
151          (c) In determining whether the applicant or permit holder has been or is a danger to self
152     or others, the bureau may inspect:
153          (i) expunged records of arrests and convictions of adults as provided in Section
154     [77-40-109] 77-40a-403; and
155          (ii) juvenile court records as provided in Section 78A-6-209.
156          (d) (i) The bureau shall suspend a concealed firearm permit if a permit holder becomes
157     a temporarily restricted person in accordance with Section 53-5c-301.
158          (ii) Upon removal from the temporary restricted list, the permit holder's permit shall be
159     reinstated unless:
160          (A) the permit has been revoked, been suspended for a reason other than the restriction
161     described in Subsection (3)(d)(i), or expired; or
162          (B) the permit holder has become a restricted person under Section 76-10-503.
163          (4) (a) In addition to meeting the other qualifications for the issuance of a concealed
164     firearm permit under this section, a nonresident applicant who resides in a state that recognizes
165     the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law
166     shall:
167          (i) hold a current concealed firearm or concealed weapon permit issued by the
168     appropriate permitting authority of the nonresident applicant's state of residency; and
169          (ii) submit a photocopy or electronic copy of the nonresident applicant's current
170     concealed firearm or concealed weapon permit referred to in Subsection (4)(a)(i).
171          (b) A nonresident applicant who knowingly and willfully provides false information to
172     the bureau under Subsection (4)(a) is prohibited from holding a Utah concealed firearm permit
173     for a period of 10 years.
174          (c) Subsection (4)(a) applies to all applications for the issuance of a concealed firearm
175     permit that are received by the bureau after May 10, 2011.
176          (d) Beginning January 1, 2012, Subsection (4)(a) also applies to an application for
177     renewal of a concealed firearm permit by a nonresident.
178          (5) The bureau shall issue a concealed firearm permit to a former peace officer who
179     departs full-time employment as a peace officer, in an honorable manner, within five years of
180     that departure if the officer meets the requirements of this section.

181          (6) Except as provided in Subsection (7), the bureau shall also require the applicant to
182     provide:
183          (a) the address of the applicant's permanent residence;
184          (b) one recent dated photograph;
185          (c) one set of fingerprints; and
186          (d) evidence of general familiarity with the types of firearms to be concealed as defined
187     in Subsection (8).
188          (7) An applicant who is a law enforcement officer under Section 53-13-103 may
189     provide a letter of good standing from the officer's commanding officer in place of the evidence
190     required by Subsection (6)(d).
191          (8) (a) General familiarity with the types of firearms to be concealed includes training
192     in:
193          (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
194     concealed; and
195          (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
196     self-defense, use of force by a private citizen, including use of deadly force, transportation, and
197     concealment.
198          (b) An applicant may satisfy the general familiarity requirement of Subsection (8)(a) by
199     one of the following:
200          (i) completion of a course of instruction conducted by a national, state, or local
201     firearms training organization approved by the bureau;
202          (ii) certification of general familiarity by an individual who has been certified by the
203     bureau, which may include a law enforcement officer, military or civilian firearms instructor,
204     or hunter safety instructor; or
205          (iii) equivalent experience with a firearm through participation in an organized
206     shooting competition, law enforcement, or military service.
207          (c) Instruction taken by a student under this Subsection (8) shall be in person and not
208     through electronic means.
209          (d) A person applying for a renewal permit is not required to retake the firearms
210     training described in this Subsection 53-5-704(8) if the person:
211          (i) has an unexpired permit; or

212          (ii) has a permit that expired less than one year before the date on which the renewal
213     application was submitted.
214          (9) (a) An applicant for certification as a Utah concealed firearms instructor shall:
215          (i) be at least 21 years old;
216          (ii) be currently eligible to possess a firearm under Section 76-10-503;
217          (iii) have:
218          (A) completed a firearm instruction training course from the National Rifle Association
219     or the Department of Public Safety, Division of Peace Officer Safety Standards and Training;
220     or
221          (B) received training equivalent to one of the courses referred to in Subsection
222     (9)(a)(iii)(A) as determined by the bureau;
223          (iv) have taken a course of instruction and passed a certification test as described in
224     Subsection (9)(c); and
225          (v) possess a Utah concealed firearm permit.
226          (b) An instructor's certification is valid for three years from the date of issuance, unless
227     revoked by the bureau.
228          (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
229     attend an instructional course and pass a test under the direction of the bureau.
230          (ii) (A) The bureau shall provide or contract to provide the course referred to in
231     Subsection (9)(c)(i) twice every year.
232          (B) The course shall include instruction on current Utah law related to firearms,
233     including concealed carry statutes and rules, and the use of deadly force by private citizens.
234          (d) (i) Each applicant for certification under this Subsection (9) shall pay a fee of
235     $50.00 at the time of application for initial certification.
236          (ii) The renewal fee for the certificate is $25.
237          (iii) The bureau may use a fee paid under Subsections (9)(d)(i) and (ii) as a dedicated
238     credit to cover the cost incurred in maintaining and improving the instruction program required
239     for concealed firearm instructors under this Subsection (9).
240          (10) A certified concealed firearms instructor shall provide each of the instructor's
241     students with the required course of instruction outline approved by the bureau.
242          (11) (a) (i) A concealed firearms instructor shall provide a signed certificate to an

243     individual successfully completing the offered course of instruction.
244          (ii) The instructor shall sign the certificate with the exact name indicated on the
245     instructor's certification issued by the bureau under Subsection (9).
246          (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
247     is the exclusive property of the instructor and may not be used by any other individual.
248          (B) The instructor shall destroy the seal upon revocation or expiration of the
249     instructor's certification under Subsection (9).
250          (C) The bureau shall determine the design and content of the seal to include at least the
251     following:
252          (I) the instructor's name as it appears on the instructor's certification;
253          (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my
254     certification expires on (the instructor's certification expiration date)"; and
255          (III) the instructor's business or residence address.
256          (D) The seal shall be affixed to each student certificate issued by the instructor in a
257     manner that does not obscure or render illegible any information or signatures contained in the
258     document.
259          (b) The applicant shall provide the certificate to the bureau in compliance with
260     Subsection (6)(d).
261          (12) The bureau may deny, suspend, or revoke the certification of an applicant or a
262     concealed firearms instructor if it has reason to believe the applicant or the instructor has:
263          (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
264          (b) knowingly and willfully provided false information to the bureau.
265          (13) An applicant for certification or a concealed firearms instructor has the same
266     appeal rights as described in Subsection (16).
267          (14) In providing instruction and issuing a permit under this part, the concealed
268     firearms instructor and the bureau are not vicariously liable for damages caused by the permit
269     holder.
270          (15) An individual who knowingly and willfully provides false information on an
271     application filed under this part is guilty of a class B misdemeanor, and the application may be
272     denied, or the permit may be suspended or revoked.
273          (16) (a) In the event of a denial, suspension, or revocation of a permit, the applicant or

274     permit holder may file a petition for review with the board within 60 days from the date the
275     denial, suspension, or revocation is received by the applicant or permit holder by certified mail,
276     return receipt requested.
277          (b) The bureau's denial of a permit shall be in writing and shall include the general
278     reasons for the action.
279          (c) If an applicant or permit holder appeals the denial to the review board, the applicant
280     or permit holder may have access to the evidence upon which the denial is based in accordance
281     with Title 63G, Chapter 2, Government Records Access and Management Act.
282          (d) On appeal to the board, the bureau has the burden of proof by a preponderance of
283     the evidence.
284          (e) (i) Upon a ruling by the board on the appeal of a denial, the board shall issue a final
285     order within 30 days stating the board's decision.
286          (ii) The final order shall be in the form prescribed by Subsection 63G-4-203(1)(i).
287          (iii) The final order is final bureau action for purposes of judicial review under Section
288     63G-4-402.
289          (17) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
290     Administrative Rulemaking Act, necessary to administer this chapter.
291          Section 2. Section 53-10-202.5 is amended to read:
292          53-10-202.5. Bureau services -- Fees.
293          The bureau shall collect fees for the following services:
294          (1) applicant fingerprint card as determined by Section 53-10-108;
295          (2) bail enforcement licensing as determined by Section 53-11-115;
296          (3) concealed firearm permit as determined by Section 53-5-707;
297          (4) provisional concealed firearm permit as determined by Section 53-5-707.5;
298          (5) application for and issuance of a certificate of eligibility for expungement as
299     [determined by Section 77-40-106] described in Section 77-40a-304;
300          (6) firearm purchase background check as determined by Section 76-10-526;
301          (7) name check as determined by Section 53-10-108;
302          (8) private investigator licensing as determined by Section 53-9-111; and
303          (9) right of access as determined by Section 53-10-108.
304          Section 3. Section 53E-6-506 is amended to read:

305          53E-6-506. UPPAC duties and procedures.
306          (1) The state board may direct UPPAC to review a complaint about an educator and
307     recommend that the state board:
308          (a) dismiss the complaint; or
309          (b) investigate the complaint in accordance with this section.
310          (2) (a) The state board may direct UPPAC to:
311          (i) in accordance with this section, investigate a complaint's allegation or decision; or
312          (ii) hold a hearing.
313          (b) UPPAC may initiate a hearing as part of an investigation.
314          (c) Upon completion of an investigation or hearing, UPPAC shall:
315          (i) provide findings to the state board; and
316          (ii) make a recommendation for state board action.
317          (d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to
318     adversely affect an educator's license unless UPPAC gives the educator an opportunity for a
319     hearing.
320          (3) (a) The state board may:
321          (i) select an independent investigator to conduct a UPPAC investigation with UPPAC
322     oversight; or
323          (ii) authorize UPPAC to select and oversee an independent investigator to conduct an
324     investigation.
325          (b) In conducting an investigation, UPPAC or an independent investigator shall
326     conduct the investigation independent of and separate from a related criminal investigation.
327          (c) In conducting an investigation, UPPAC or an independent investigator may:
328          (i) in accordance with Section 53E-6-606 administer oaths and issue subpoenas; or
329          (ii) receive evidence related to an alleged offense, including sealed or expunged
330     records released to the state board under Section [77-40-109] 77-40a-403.
331          (d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may
332     recommend that the state board initiate a background check on an educator as described in
333     Section 53G-11-403.
334          (e) UPPAC has a rebuttable presumption that an educator committed a sexual offense
335     against a minor child if the educator voluntarily surrendered a license or certificate or allowed a

336     license or certificate to lapse in the face of a charge of having committed a sexual offense
337     against a minor child.
338          (4) The state board may direct UPPAC to:
339          (a) recommend to the state board procedures for:
340          (i) receiving and processing complaints;
341          (ii) investigating a complaint's allegation or decision;
342          (iii) conducting hearings; or
343          (iv) reporting findings and making recommendations to the state board for state board
344     action;
345          (b) recommend to the state board or a professional organization of educators:
346          (i) standards of professional performance, competence, and ethical conduct for
347     educators; or
348          (ii) suggestions for improvement of the education profession; or
349          (c) fulfill other duties the state board finds appropriate.
350          (5) UPPAC may not participate as a party in a dispute relating to negotiations between:
351          (a) a school district and the school district's educators; or
352          (b) a charter school and the charter school's educators.
353          (6) The state board shall make rules establishing UPPAC duties and procedures.
354          Section 4. Section 67-5a-1 is amended to read:
355          67-5a-1. Utah Prosecution Council -- Duties -- Membership.
356          (1) There is created within the Office of the Attorney General the Utah Prosecution
357     Council, referred to as the council in this chapter.
358          (2) The council shall:
359          (a) (i) provide training and continuing legal education for state and local prosecutors;
360     and
361          (ii) ensure that any training or continuing legal education described in Subsection
362     (2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
363          (b) provide assistance to local prosecutors;
364          (c) as funds are available and as are budgeted for this purpose, provide reimbursement
365     for unusual expenses related to prosecution for violations of state laws; [and]
366          (d) provide training and assistance to law enforcement officers, as required elsewhere

367     within this code[.]; and
368          (e) (i) gather and maintain contact information for all prosecuting entities in the state;
369          (ii) provide the contact information for all prosecuting entities in the state to the Utah
370     state courts; and
371          (iii) publish the contact information for all prosecuting entities in the state on the
372     council's website.
373          (3) The council shall be composed of 12 members, selected as follows:
374          (a) the attorney general or a designated representative;
375          (b) the commissioner of public safety or a designated representative;
376          (c) four currently serving county or district attorneys designated by the county or
377     district attorneys' section of the Utah Association of Counties;
378          (d) four city prosecutors designated as follows:
379          (i) two by the Utah Municipal Attorneys Association; and
380          (ii) two by the Utah Misdemeanor Prosecutors Association[.];
381          (e) the chair of the Board of Directors of the Statewide Association of Prosecutors and
382     Public Attorneys of Utah; and
383          (f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
384          (4) Council members designated in Subsections (3)(c) and (3)(d) shall be approved by
385     a majority vote of currently serving council members.
386          (5) A county or district attorney's term expires when a successor is designated by the
387     county or district attorneys' section or when the county or district attorney is no longer serving
388     as a county attorney or district attorney, whichever occurs first.
389          (6) A city prosecutor's term expires when a successor is designated by the association
390     or when the city prosecutor is no longer employed as a city prosecutor, whichever occurs first.
391          Section 5. Section 77-40a-101, which is renumbered from Section 77-40-102 is
392     renumbered and amended to read:
393     
CHAPTER 40a. EXPUNGEMENT

394     
Part 1. General Provisions

395          [77-40-102].      77-40a-101. Definitions.
396          As used in this chapter:
397          [(1) "Administrative finding" means a decision upon a question of fact reached by an

398     administrative agency following an administrative hearing or other procedure satisfying the
399     requirements of due process.]
400          [(2)] (1) "Agency" means a state, county, or local government entity that generates or
401     maintains records relating to an investigation, arrest, detention, or conviction for an offense for
402     which expungement may be ordered.
403          [(3)] (2) "Bureau" means the Bureau of Criminal Identification of the Department of
404     Public Safety established in Section 53-10-201.
405          [(4)] (3) "Certificate of eligibility" means a document issued by the bureau stating that
406     the criminal record and all records of arrest, investigation, and detention associated with a case
407     that is the subject of a petition for expungement is eligible for expungement.
408          [(5)] (4) (a) ["Clean] Except as provided in Subsection (4)(c), "clean slate eligible
409     case" means a case:
410          (i) where[, except as provided in Subsection (5)(c),] each conviction within the case is:
411          (A) a misdemeanor conviction for possession of a controlled substance in violation of
412     Subsection 58-37-8(2)(a)(i);
413          (B) a class B or class C misdemeanor conviction; or
414          (C) an infraction conviction;
415          (ii) that involves an individual:
416          (A) whose total number of convictions in Utah state courts, not including infractions,
417     traffic offenses, or minor regulatory offenses, does not exceed the limits described in
418     Subsections [77-40-105(6) and (7)] 77-40a-303(5) and (6) without taking into consideration the
419     exception in Subsection [77-40-105(9)] 77-40a-303(8); and
420          (B) against whom no criminal proceedings are pending in the state; and
421          (iii) for which the following time periods have elapsed from the day on which the case
422     is adjudicated:
423          (A) at least five years for a class C misdemeanor or an infraction;
424          (B) at least six years for a class B misdemeanor; and
425          (C) at least seven years for a class A conviction for possession of a controlled
426     substance in violation of Subsection 58-37-8(2)(a)(i).
427          (b) "Clean slate eligible case" includes a case:
428          (i) that is dismissed as a result of a successful completion of a plea in abeyance

429     agreement governed by Subsection 77-2a-3(2)(b) if:
430          [(i)] (A) except as provided in Subsection [(5)] (4)(c), each charge within the case is[:
431     (A)] a misdemeanor for possession of a controlled substance in violation of Subsection
432     58-37-8(2)(a)(i)[; (B)], a class B or class C misdemeanor[; or (C)], or an infraction;
433          [(ii)] (B) the individual involved meets the requirements of Subsection [(5)] (4)(a)(ii);
434     and
435          [(iii)] (C) the time periods described in Subsections [(5)] (4)(a)(iii)(A) through (C)
436     have elapsed from the day on which the case is dismissed[.]; or
437          (ii) where charges are dismissed without prejudice if each conviction, or charge that
438     was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or
439     (b)(i).
440          (c) "Clean slate eligible case" does not include a case:
441          (i) where the individual is found not guilty by reason of insanity;
442          (ii) where the case establishes a criminal accounts receivable, as defined in Section
443     77-32b-102, that:
444          (A) has been entered as a civil accounts receivable or a civil judgment of restitution, as
445     those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt
446     Collection under Section 77-18-114; or
447          (B) has not been satisfied according to court records; or
448          (iii) that resulted in one or more pleas held in abeyance or convictions for the following
449     offenses:
450          (A) any of the offenses listed in Subsection [77-40-105(2)(a)] 77-40a-303(1)(a);
451          (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
452     the Person;
453          (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
454          (D) sexual battery in violation of Section 76-9-702.1;
455          (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
456          (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
457     and Reckless Driving;
458          (G) damage to or interruption of a communication device in violation of Section
459     76-6-108;

460          (H) a domestic violence offense as defined in Section 77-36-1; or
461          (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
462     other than a class A misdemeanor conviction for possession of a controlled substance in
463     violation of Subsection 58-37-8(2)(a)(i).
464          [(6)] (5) "Conviction" means judgment by a criminal court on a verdict or finding of
465     guilty after trial, a plea of guilty, or a plea of nolo contendere.
466          (6) "Criminal protective order" means the same as that term is defined in Section
467     78B-7-102.
468          (7) "Criminal stalking injunction" means the same as that term is defined in Section
469     78B-7-102.
470          [(7)] (8) "Department" means the Department of Public Safety established in Section
471     53-1-103.
472          [(8)] (9) "Drug possession offense" means an offense under:
473          (a) Subsection 58-37-8(2), except any offense under Subsection 58-37-8(2)(b)(i),
474     possession of 100 pounds or more of marijuana, any offense enhanced under Subsection
475     58-37-8(2)(e), violation in a correctional facility or Subsection 58-37-8(2)(g), driving with a
476     controlled substance illegally in the person's body and negligently causing serious bodily injury
477     or death of another;
478          (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
479          (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
480          (d) any local ordinance which is substantially similar to any of the offenses described
481     in this Subsection [(8)] (9).
482          [(9)] (10) "Expunge" means to seal or otherwise restrict access to the individual's
483     record held by an agency when the record includes a criminal investigation, detention, arrest, or
484     conviction.
485          [(10)] (11) "Jurisdiction" means a state, district, province, political subdivision,
486     territory, or possession of the United States or any foreign country.
487          [(11) "Minor regulatory offense" means any class B or C misdemeanor offense, and
488     any local ordinance, except:]
489          (12) (a) Except as provided in Subsection (12)(c), "minor regulatory offense" means a
490     class B or C misdemeanor or a local ordinance.

491          (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
492     76-10-105.
493          (c) "Minor regulatory offense" does not include:
494          [(a)] (i) any drug possession offense;
495          [(b)] (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
496     Reckless Driving;
497          [(c)] (iii) an offense under Sections 73-18-13 through 73-18-13.6;
498          [(d) those offenses defined in] (iv) except as provided in Subsection (12)(b), an
499     offense under Title 76, Utah Criminal Code; or
500          [(e)] (v) any local ordinance that is substantially similar to [those offenses listed in
501     Subsections (11)(a) through (d)] an offense listed in Subsections (12)(c)(i) through (iv).
502          [(12)] (13) "Petitioner" means an individual applying for expungement under this
503     chapter.
504          [(13)] (14) (a) "Traffic offense" means:
505          (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
506     Chapter 6a, Traffic Code;
507          (ii) an offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
508          (iii) an offense under Title 73, Chapter 18, State Boating Act; and
509          (iv) all local ordinances that are substantially similar to [those offenses] an offense
510     listed in Subsections (14)(a)(i) through (iii).
511          (b) "Traffic offense" does not mean:
512          (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
513     Reckless Driving;
514          (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
515          (iii) any local ordinance that is substantially similar to [the offenses listed in
516     Subsections (13)(b)(i) and (ii)] an offense listed in Subsection (14)(b)(i) or (ii).
517          (15) "Traffic offense case" means that each offense in the case is a traffic offense.
518          Section 6. Section 77-40a-102, which is renumbered from Section 77-40-101.5 is
519     renumbered and amended to read:
520          [77-40-101.5].      77-40a-102. Applicability to juvenile court records.
521          This chapter does not apply to an expungement of a record for an adjudication under

522     Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102, of an
523     offense in the juvenile court.
524          Section 7. Section 77-40a-103, which is renumbered from Section 77-40-113 is
525     renumbered and amended to read:
526          [77-40-113].      77-40a-103. Retroactive application.
527          The provisions of this chapter apply retroactively to all arrests and convictions
528     regardless of the date on which the arrests were made or convictions were entered.
529          Section 8. Section 77-40a-104, which is renumbered from Section 77-40-111 is
530     renumbered and amended to read:
531          [77-40-111].      77-40a-104. Rulemaking authority.
532          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
533     department may make rules to:
534          (1) implement procedures for processing an automatic expungement;
535          (2) implement procedures for applying for certificates of eligibility;
536          (3) specify procedures for receiving a certificate of eligibility; and
537          (4) create forms and determine information necessary to be provided to the bureau.
538          Section 9. Section 77-40a-105, which is renumbered from Section 77-40-104.1 is
539     renumbered and amended to read:
540          [77-40-104.1].      77-40a-105. Eligibility for removing the link between
541     personal identifying information and court case dismissed.
542          (1) As used in this section:
543          (a) "Domestic violence offense" means the same as that term is defined in Section
544     77-36-1.
545          (b) "Personal identifying information" means:
546          (i) a current name, former name, nickname, or alias; and
547          (ii) date of birth.
548          (2) (a) An individual whose criminal case is dismissed, or civil case filed in accordance
549     with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions, is denied, may move the
550     court for an order to remove the link between the individual's personal identifying information
551     from the dismissed case in any publicly searchable database of the Utah state courts [and].
552          (b) If a motion is filed under Subsection (2)(a), the court shall grant [that relief] the

553     motion if:
554          [(a)] (i) 30 days have passed from the day on which the case is dismissed or denied;
555          [(b)] (ii) no appeal is filed for the dismissed or denied case within the 30-day period
556     described in Subsection [(2)(a)] (2)(b)(i); and
557          [(c)] (iii) no charge in the case was a domestic violence offense.
558          (3) Removing the link to personal identifying information of a court record under
559     Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
560          (4) A case history, unless expunged under this chapter, remains public and accessible
561     through a search by case number.
562          Section 10. Section 77-40a-201, which is renumbered from Section 77-40-114 is
563     renumbered and amended to read:
564     
Part 2. Automatic Expungement and Deletion

565          [77-40-114].      77-40a-201. Automatic expungement procedure.
566          (1) (a) Except as provided in Subsection (1)(b) and subject to Section [77-40-116]
567     77-40a-203, this section governs the process for the automatic expungement of all records in:
568          (i) except as provided in Subsection (2)[(d)](e), a case that resulted in an acquittal on
569     all charges;
570          (ii) except as provided in Subsection (3)[(d)](e), a case that is dismissed with
571     prejudice; or
572          (iii) a case that is a clean slate eligible case.
573          (b) This section does not govern automatic expungement of a traffic offense.
574          (2) (a) Except as provided in Subsection (2)[(d)](e), the process for automatic
575     expungement of records for a case that resulted in an acquittal on all charges is as described in
576     Subsections (2)(b) through [(c)] (d).
577          (b) If a court determines that the requirements for automatic expungement have been
578     met, a district court or justice court shall:
579          (i) issue, without a petition, an expungement order; and
580          (ii) based on information available, notify the bureau and the prosecuting agency
581     identified in the case of the order of expungement.
582          (c) The bureau, upon receiving notice from the court, shall notify the law enforcement
583     agencies identified in the case of the order of expungement.

584          (d) For a case resulting in an acquittal on all charges on or before May 1, 2020, that is
585     automatically expunged under this Subsection (2), a law enforcement agency shall expunge
586     records for the case within one year after the day on which the law enforcement agency
587     receives notice from the bureau.
588          [(d)] (e) For purposes of this section, a case that resulted in acquittal on all charges
589     does not include a case that resulted in an acquittal because the individual is found not guilty
590     by reason of insanity.
591          (3) (a) The process for an automatic expungement of a case that is dismissed with
592     prejudice is as described in Subsections (3)(b) through [(c)] (d).
593          (b) If a court determines that the requirements for automatic expungement have been
594     met, a district court or justice court shall:
595          (i) issue, without a petition, an expungement order; and
596          (ii) based on information available, notify the bureau and the prosecuting agency
597     identified in the case of the order of expungement.
598          (c) The bureau, upon receiving notice from the court, shall notify the law enforcement
599     agencies identified in the case of the order of expungement.
600          (d) For a case dismissed on or before May 1, 2020, that is automatically expunged
601     under this Subsection (3), a law enforcement agency shall expunge records for the case within
602     one year after the day on which the law enforcement agency receives notice from the bureau.
603          [(d)] (e) For purposes of this Subsection (3), a case that is dismissed with prejudice
604     does not include a case that is dismissed with prejudice as a result of successful completion of
605     a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).
606          (4) (a) The process for the automatic expungement of a clean slate eligible case is as
607     described in Subsections (4)(b) through [(f)] (g) and in accordance with any rules made by the
608     Judicial Council [as described in Subsection (4)(g)] or the Supreme Court.
609          (b) A prosecuting agency, that has complied with Rule 42 of the Utah Rules of
610     Criminal Procedure, shall receive notice on a monthly basis for any case prosecuted by that
611     agency that appears to be a clean slate eligible case.
612          (c) Within 35 days of the day on which the notice described in Subsection (4)(b) is
613     sent, the prosecuting agency shall provide written notice in accordance with any rules made by
614     the Judicial Council or the Supreme Court if the prosecuting agency objects to an automatic

615     expungement for any of the following reasons:
616          (i) after reviewing the agency record, the prosecuting agency believes that the case does
617     not meet the definition of a clean slate eligible case;
618          (ii) the individual has not paid court-ordered restitution to the victim; or
619          (iii) the prosecuting agency has a reasonable belief, grounded in supporting facts, that
620     an individual with a clean slate eligible case is continuing to engage in criminal activity within
621     or outside of the state.
622          (d) (i) If a prosecuting agency provides written notice of an objection for a reason
623     described in Subsection (4)(c) within 35 days of the day on which the notice described in
624     Subsection (4)(b) is sent, the court may not proceed with automatic expungement.
625          (ii) If 35 days pass from the day on which the notice described in Subsection (4)(b) is
626     sent without the prosecuting agency providing written notice of an objection for a reason
627     described in Subsection (4)(c), the court may proceed with automatic expungement.
628          (e) If a court determines that the requirements for automatic expungement have been
629     met, a district court or justice court shall:
630          (i) issue, without a petition, an expungement order; and
631          (ii) based on information available, notify the bureau and the prosecuting agency
632     identified in the case of the order of expungement.
633          (f) The bureau, upon receiving notice from the court, shall notify the law enforcement
634     agencies identified in the case of the order of expungement.
635          [(g) The Judicial Council shall make rules to govern the process for automatic
636     expungement of records for a clean slate eligible case in accordance with this Subsection (4).]
637          (g) For a clean slate case adjudicated or dismissed on or before May 1, 2020, that is
638     automatically expunged under this Subsection (4), a law enforcement agency shall expunge
639     records for the case within one year after the day on which the law enforcement agency
640     receives notice from the bureau.
641          (5) Nothing in this section precludes an individual from filing a petition for
642     expungement of records that are eligible for automatic expungement under this section if an
643     automatic expungement has not occurred pursuant to this section.
644          (6) An automatic expungement performed under this section does not preclude a
645     person from requesting access to expunged records in accordance with Section [77-40-109 or

646     77-40-110.] 77-40a-403 or 77-40a-404.
647          (7) (a) The Judicial Council and the Supreme Court shall make rules to govern the
648     process for automatic expungement.
649          (b) The rules under Subsection (7)(a) may authorize:
650          (i) a presiding judge of a district court to issue an expungement order for any case
651     when the requirements for automatic expungement are met; and
652          (ii) a presiding judge of a justice court to issue an expungement order for any justice
653     court case within the presiding judge's judicial district when the requirements for automatic
654     expungement are met.
655          Section 11. Section 77-40a-202, which is renumbered from Section 77-40-115 is
656     renumbered and amended to read:
657          [77-40-115].      77-40a-202. Automatic deletion for traffic offense.
658          (1) Subject to Section [77-40-116] 77-40a-203, records for the following traffic
659     offenses shall be deleted without a court order or notice to the prosecuting agency:
660          (a) a traffic offense case that resulted in an acquittal on all charges;
661          (b) a traffic offense case that is dismissed with prejudice, [other than] except for a case
662     that is dismissed with prejudice as a result of successful completion of a plea in abeyance
663     agreement governed by Subsection 77-2a-3(2)(b); or
664          (c) a traffic offense case [that is a clean slate eligible case, as that term is defined in
665     Section 77-40-102.] for which the following time periods have elapsed from the day on which
666     the case is adjudicated:
667          (i) at least five years for a class C misdemeanor or an infraction; or
668          (ii) at least six years for a class B misdemeanor.
669          (2) The Judicial Council shall make rules to provide an ongoing process for identifying
670     and deleting records on all traffic offenses described in Subsection (1).
671          Section 12. Section 77-40a-203, which is renumbered from Section 77-40-116 is
672     renumbered and amended to read:
673          [77-40-116].      77-40a-203. Time periods for expungement or deletion --
674     Identification and processing of clean slate eligible cases.
675          (1) Reasonable efforts within available funding shall be made to expunge or delete a
676     case as quickly as is practicable with the goal of:

677          (a) for cases adjudicated on or after May 1, 2020:
678          (i) expunging a case that resulted in an acquittal on all charges, 60 days after the
679     acquittal;
680          (ii) expunging a case that resulted in a dismissal with prejudice, other than a case that
681     is dismissed with prejudice as a result of successful completion of a plea in abeyance
682     agreement governed by Subsection 77-2a-3(2)(b), 180 days after:
683          (A) for a case in which no appeal was filed, the day on which the entire case against the
684     individual is dismissed with prejudice; or
685          (B) for a case in which an appeal was filed, the day on which a court issues a final
686     unappealable order;
687          (iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of
688     the court, in accordance with Section [77-40-114] 77-40a-201, determining that the
689     requirements for expungement have been satisfied; or
690          (iv) deleting [a clean slate eligible case that is a traffic offense upon identification] a
691     traffic offense case described in Subsection 77-40a-202(1)(c) upon identification; and
692          (b) for cases adjudicated before May 1, 2020, expunging or deleting a case within one
693     year of the day on which the case is identified as eligible for automatic expungement or
694     deletion.
695          (2) (a) The Judicial Council or the Supreme Court shall make rules governing the
696     identification and processing of clean slate eligible cases in accordance with [Sections
697     77-40-114 and 77-40-115.] Section 77-40a-201.
698          (b) Reasonable efforts shall be made to identify and process all clean slate eligible
699     cases in accordance with [Sections 77-40-114 and 77-40-115.] Section 77-40a-201.
700          (c) An individual does not have a cause of action for damages as a result of the failure
701     to identify an individual's case as a clean slate eligible case or to automatically expunge or
702     delete the records of a clean slate eligible case.
703          Section 13. Section 77-40a-301 is enacted to read:
704     
Part 3. Petition for Expungement

705          77-40a-301. Application for certificate of eligibility for expungement -- Penalty for
706     false or misleading information on application.
707          (1) If an individual seeks to expunge the individual's criminal record in regard to an

708     arrest, investigation, detention, or conviction, the individual shall:
709          (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a
710     certificate of eligibility for expungement of the criminal record and pay the application fee as
711     described in Section 77-40a-304;
712          (b) if the individual is qualified to receive a certificate of eligibility, pay the issuance
713     fee for the certificate of eligibility as described in Section 77-40a-304; and
714          (c) file a petition for expungement in accordance with Section 77-40a-305.
715          (2) (a) An individual who intentionally or knowingly provides any false or misleading
716     information to the bureau when applying for a certificate of eligibility is guilty of a class B
717     misdemeanor and subject to prosecution under Section 76-8-504.6.
718          (b) Regardless of whether the individual is prosecuted, the bureau may deny a
719     certificate of eligibility to anyone who knowingly provides false information on an application.
720          Section 14. Section 77-40a-302, which is renumbered from Section 77-40-104 is
721     renumbered and amended to read:
722          [77-40-104].      77-40a-302. Requirements for certificate of eligibility to
723     expunge records of arrest, investigation, and detention.
724          An individual who is arrested or formally charged with an offense [may apply to the
725     bureau for] is eligible to receive a certificate of eligibility from the bureau to expunge the
726     records of arrest, investigation, and detention that may have been made in the case[, subject to
727     the following conditions] if:
728          (1) at least 30 days have passed since the day of the arrest for which a certificate of
729     eligibility is sought;
730          (2) there are no criminal proceedings or pleas in abeyance pending against the
731     individual; [and]
732          (3) the individual is not currently on probation or parole;
733          (4) there is not a criminal protective order or a criminal stalking injunction in effect for
734     the case;
735          (5) there are no convictions in the case for a traffic offense; and
736          [(3)] (6) one of the following occurs:
737          (a) charges are screened by the investigating law enforcement agency and the
738     [prosecutor] prosecuting attorney makes a final determination that no charges will be filed in

739     the case;
740          (b) (i) [the entire case is dismissed with prejudice; (c) the entire case is] all charges
741     contained in the case are dismissed; and
742          (ii) if any charge contained in the case is dismissed without prejudice or without
743     condition [and]:
744          [(i)] (A) the [prosecutor] prosecuting attorney consents in writing to the issuance of a
745     certificate of eligibility; or
746          [(ii)] (B) at least 180 days have passed since the day on which [the case is] the charge
747     is dismissed;
748          [(d)] (c) the individual is acquitted at trial on all of the charges contained in the case; or
749          [(e)] (d) the statute of limitations expires on all of the charges contained in the case.
750          Section 15. Section 77-40a-303, which is renumbered from Section 77-40-105 is
751     renumbered and amended to read:
752          [77-40-105].      77-40a-303. Requirements for a certificate of eligibility to
753     expunge records of a conviction.
754          [(1) An individual convicted of an offense may apply to the bureau for a certificate of
755     eligibility to expunge the record of conviction as provided in this section.]
756          [(2)] (1) Except as provided in [Subsection (3)] Subsections (2) and (4), an individual
757     is not eligible to receive a certificate of eligibility from the bureau to expunge the records of a
758     conviction if:
759          (a) the conviction for which expungement is sought is:
760          (i) a capital felony;
761          (ii) a first degree felony;
762          (iii) a felony conviction of a violent felony as defined in Subsection
763     76-3-203.5(1)(c)(i);
764          (iv) felony automobile homicide;
765          (v) a felony conviction described in Subsection 41-6a-501(2);
766          [(vi) a registerable sex offense as defined in Subsection 77-41-102(17); or]
767          (vi) an offense, or a combination of offenses, that would require the individual to
768     register as a sex offender, as defined in Section 77-41-102; or
769          (vii) a registerable child abuse offense as defined in Subsection 77-43-102(2);

770          (b) a criminal proceeding or a plea in abeyance is pending against the petitioner; [or]
771          (c) the petitioner is on probation or parole;
772          [(c)] (d) the petitioner intentionally or knowingly provides false or misleading
773     information on the application for a certificate of eligibility[.]; or
774          (e) a criminal protective order or a criminal stalking injunction is in effect for the case.
775          [(3)] (2) The eligibility limitation described in Subsection [(2)] (1) does not apply in
776     relation to a conviction for a qualifying sexual offense, as defined in Subsection 76-3-209(1),
777     if, at the time of the offense, the individual who committed the offense was at least 14 years
778     old, but under 18 years old, unless the conviction occurred in district court after the individual
779     was:
780          (a) charged by criminal information under Section 80-6-502 or 80-6-503; and
781          (b) bound over to district court under Section 80-6-504.
782          [(4)] (3) A petitioner seeking to obtain expungement for a record of conviction is not
783     eligible to receive a certificate of eligibility from the bureau until all of the following have
784     occurred:
785          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
786     conviction for which expungement is sought;
787          (b) the petitioner has paid in full all restitution ordered by the court under Section
788     77-38b-205; and
789          (c) the following time periods have elapsed from the date the petitioner was convicted
790     or released from incarceration, parole, or probation, whichever occurred last, for each
791     conviction the petitioner seeks to expunge:
792          (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a
793     felony conviction of Subsection 58-37-8(2)(g);
794          (ii) seven years in the case of a felony;
795          (iii) five years in the case of any class A misdemeanor or a felony drug possession
796     offense;
797          (iv) four years in the case of a class B misdemeanor; or
798          (v) three years in the case of any other misdemeanor or infraction.
799          [(5)] (4) When determining whether to issue a certificate of eligibility for a conviction,
800     the bureau may not consider:

801          (a) a petitioner's pending or previous:
802          (i) infraction;
803          (ii) traffic offense;
804          (iii) minor regulatory offense; or
805          (iv) clean slate eligible case that was automatically expunged in accordance with
806     Section [77-40-114] 77-40a-201; or
807          (b) a fine or fee related to an offense described in Subsection [(5)] (4)(a).
808          [(6) The] (5) Except as provided in Subsection (8), the bureau may not issue a
809     certificate of eligibility for a conviction if, at the time the petitioner seeks a certificate of
810     eligibility, the bureau determines that the petitioner's criminal history, including previously
811     expunged convictions, contains any of the following[, except as provided in Subsection (9)]:
812          (a) two or more felony convictions other than for drug possession offenses, each of
813     which is contained in a separate criminal episode;
814          (b) any combination of three or more convictions other than for drug possession
815     offenses that include two class A misdemeanor convictions, each of which is contained in a
816     separate criminal episode;
817          (c) any combination of four or more convictions other than for drug possession
818     offenses that include three class B misdemeanor convictions, each of which is contained in a
819     separate criminal episode; or
820          (d) five or more convictions other than for drug possession offenses of any degree
821     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
822          [(7) The] (6) Except as provided in Subsection (8), the bureau may not issue a
823     certificate of eligibility for a conviction if, at the time the petitioner seeks a certificate of
824     eligibility, the bureau determines that the petitioner's criminal history, including previously
825     expunged convictions, contains any of the following:
826          (a) three or more felony convictions for drug possession offenses, each of which is
827     contained in a separate criminal episode; or
828          (b) any combination of five or more convictions for drug possession offenses, each of
829     which is contained in a separate criminal episode.
830          [(8)] (7) If the petitioner's criminal history contains convictions for both a drug
831     possession offense and a [non drug] non-drug possession offense arising from the same

832     criminal episode, that criminal episode shall be counted as provided in Subsection [(6)] (5) if
833     any [non drug] non-drug possession offense in that episode:
834          (a) is a felony or class A misdemeanor; or
835          (b) has the same or a longer waiting period under Subsection [(4)] (3) than any drug
836     possession offense in that episode.
837          [(9)] (8) If at least 10 years have elapsed from the date the petitioner was convicted or
838     released from incarceration, parole, or probation, whichever occurred last, for all convictions[,
839     then]:
840          (a) each numerical eligibility limit defined in [Subsection (6)] Subsections (5)(a) and
841     (b) shall be increased by one[.]; and
842          (b) each numerical eligibility limit defined in Subsections (5)(c), (5)(d), and (6) are not
843     applicable and the bureau may issue a certificate of eligibility if:
844          (i) the individual is otherwise eligible; and
845          (ii) the highest convicted offense in the criminal episode for each conviction is:
846          (A) a class B misdemeanor;
847          (B) a class C misdemeanor;
848          (C) a drug possession offense if none of the non-drug possession offenses in the
849     criminal episode are a felony or a class A misdemeanor; or
850          (D) an infraction.
851          [(10)] (9) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah
852     Board of Pardons and Parole, the petitioner is entitled to an expungement order for all
853     pardoned crimes [pursuant to] in accordance with Section 77-27-5.1.
854          Section 16. Section 77-40a-304, which is renumbered from Section 77-40-106 is
855     renumbered and amended to read:
856          [77-40-106].      77-40a-304. Certificate of eligibility process -- Issuance of
857     certificate -- Fees.
858          [(1) (a) A petitioner seeking to obtain an expungement for a criminal record shall apply
859     for a certificate of eligibility from the bureau.]
860          [(b) A petitioner who intentionally or knowingly provides any false or misleading
861     information to the bureau when applying for a certificate of eligibility is guilty of a class B
862     misdemeanor and subject to prosecution under Section 76-8-504.6.]

863          [(c) Regardless of whether the petitioner is prosecuted, the bureau may deny a
864     certificate of eligibility to anyone who knowingly provides false information on an
865     application.]
866          [(2)] (1) (a) [The] When a petitioner applies for a certificate of eligibility as described
867     in Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental
868     agencies, including national criminal data bases, to determine whether [a] the petitioner is
869     eligible to receive a certificate of eligibility under this chapter.
870          (b) For purposes of determining eligibility under this chapter, the bureau may review
871     records of arrest, investigation, detention, and conviction that have been previously expunged,
872     regardless of the jurisdiction in which the expungement occurred.
873          (c) Once the eligibility process is complete, the bureau shall notify the petitioner.
874          [(c)] (d) If the petitioner meets all of the criteria under Section [77-40-104 or
875     77-40-105,] 77-40a-302 or 77-40a-303:
876          (i) the bureau shall issue a certificate of eligibility [to the petitioner which shall be] that
877     is valid for a period of [90] 180 days from the [date] day on which the certificate is issued[.];
878          (ii) the bureau shall provide a petitioner with an identification number for the
879     certificate of eligibility; and
880          (iii) the petitioner shall pay the issuance fee established by the department as described
881     in Subsection (2).
882          [(d)] (e) If, after reasonable research, a disposition for an arrest on the criminal history
883     file is unobtainable, the bureau may issue a special certificate giving determination of
884     eligibility to the court[.] if:
885          (i) there are no criminal proceedings or pleas in abeyance pending against the
886     petitioner; and
887          (ii) the petitioner is not currently on probation or parole.
888          [(3)] (2) (a) The bureau shall charge application and issuance fees for a certificate of
889     eligibility or special certificate in accordance with the process in Section 63J-1-504.
890          (b) The application fee shall be paid at the time the petitioner submits an application
891     for a certificate of eligibility to the bureau.
892          (c) If the bureau determines that the issuance of a certificate of eligibility or special
893     certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a

894     certificate of eligibility or special certificate unless Subsection [(3)] (2)(d) applies.
895          (d) An issuance fee may not be assessed against a petitioner who qualifies for a
896     certificate of eligibility under Section [77-40-104] 77-40a-302 unless the charges were
897     dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
898     Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
899     Diversion.
900          (e) Funds generated under this Subsection [(3)] (2) shall be deposited in the General
901     Fund as a dedicated credit by the department to cover the costs incurred in determining
902     eligibility.
903          [(4)] (3) The bureau shall [provide clear written directions to the petitioner along with
904     a list of agencies known to be affected by an order of expungement.] include on the certificate
905     of eligibility all information that is needed for the court to issue a valid expungement order.
906          (4) The bureau shall provide clear written instructions to the petitioner that explain:
907          (a) the process for a petition for expungement; and
908          (b) what is required of the petitioner to complete the process for a petition for
909     expungement.
910          Section 17. Section 77-40a-305, which is renumbered from Section 77-40-107 is
911     renumbered and amended to read:
912          [77-40-107].      77-40a-305. Petition for expungement -- Prosecutorial
913     responsibility -- Hearing.
914          [(1) The petitioner shall file a petition for expungement and, except as provided in
915     Subsection 77-40-103(5), the certificate of eligibility in the court specified in Section
916     77-40-103 and deliver a copy of the petition and certificate to the prosecuting agency. If the
917     certificate is filed electronically, the petitioner or the petitioner's attorney shall keep the original
918     certificate until the proceedings are concluded. If the original certificate is filed with the
919     petition, the clerk of the court shall scan it and return it to the petitioner or the petitioner's
920     attorney, who shall keep it until the proceedings are concluded.]
921          (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
922     Rules of Criminal Procedure, that includes the identification number for the certificate of
923     eligibility described in Subsection 77-40a-304(1)(d)(ii).
924          (b) Information on a certificate of eligibility is incorporated into a petition by reference

925     to the identification number for the certificate of eligibility.
926          (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
927     obtain a certificate of eligibility from the bureau.
928          (b) A court may not accept a petition for expungement if the certificate of eligibility is
929     no longer valid as described in Subsection 77-40a-304(1)(d)(i).
930          (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
931     of a traffic conviction without obtaining a certificate of eligibility if:
932          (a) (i) for a class C misdemeanor or infraction, at least three years have elapsed from
933     the day on which the petitioner was convicted; or
934          (ii) for a class B misdemeanor, at least four years have elapsed from the day on which
935     the petitioner was convicted; and
936          (b) all convictions in the case for the traffic conviction are for traffic offenses.
937          (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
938     a record for a conviction related to cannabis possession without a certificate of eligibility if the
939     petition demonstrates that:
940          (a) the petitioner had, at the time of the relevant arrest or citation leading to the
941     conviction, a qualifying condition, as that term is defined in Section 26-61a-102; and
942          (b) the possession of cannabis in question was in a form and an amount to medicinally
943     treat the qualifying condition described in Subsection (4)(a).
944          (5) (a) The court shall provide notice of a filing of a petition and certificate of
945     eligibility to the prosecutorial office that handled the court proceedings within three days after
946     the day on which the petitioner's filing fee is paid or waived.
947          (b) If there were no court proceedings, the court shall provide notice of a filing of a
948     petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
949     arrest occurred.
950          (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
951     or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
952     the arrest occurred shall immediately notify the city attorney's office that the county attorney's
953     office has received a notice of a filing of a petition for expungement.
954          [(2)] (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a
955     conviction or a charge dismissed in accordance with a plea in abeyance, the prosecuting

956     attorney shall [provide notice of the expungement request by first-class mail to the victim at the
957     most recent address of record on file.] make a reasonable effort to provide notice to any victim
958     of the conviction or charge.
959          (b) The notice under Subsection (6)(a) shall:
960          (i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
961     to the petition;
962          (ii) state that the victim has a right to object to the expungement; and
963          (iii) provide instructions for registering an objection with the court.
964          [(3)] (7) The prosecuting attorney and the victim, if applicable, may respond to the
965     petition by filing a recommendation or objection with the court within 35 days after [receipt of
966     the petition.] the day on which the notice of the filing of the petition is sent by the court to the
967     prosecuting attorney.
968          [(4)] (8) (a) The court may request a written response to the petition from the Division
969     of Adult Probation and Parole within the Department of Corrections.
970          (b) If requested, the response prepared by the Division of Adult Probation and Parole
971     shall include:
972          (i) the reasons probation was terminated; and
973          (ii) certification that the petitioner has completed all requirements of sentencing and
974     probation or parole.
975          (c) The Division of Adult Probation and Parole shall provide a copy of the response to
976     the petitioner and the prosecuting attorney.
977          [(5)] (9) The petitioner may respond in writing to any objections filed by the
978     [prosecutor] prosecuting attorney or the victim and the response prepared by the Division of
979     Adult Probation and Parole within 14 days after [receipt.] the day on which the objection or
980     response is received.
981          [(6)] (10) (a) If the court receives an objection concerning the petition from any party,
982     the court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of
983     the date set for the hearing.
984          (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
985          [(b)] (c) The petitioner, the prosecuting attorney, the victim, and any other person who
986     has relevant information about the petitioner may testify at the hearing.

987          [(c)] (d) The court shall review the petition, the certificate of eligibility, and any
988     written responses submitted regarding the petition.
989          [(7)] (11) If no objection is received within 60 days from the [date] day on which the
990     petition for expungement is filed with the court, the expungement may be granted without a
991     hearing.
992          [(8) The court shall issue an order of expungement if the court finds by clear and
993     convincing evidence that:]
994          [(a) the petition and, except as provided under Subsection 77-40-103(5), certificate of
995     eligibility are sufficient;]
996          [(b) the statutory requirements have been met;]
997          [(c) if the petitioner seeks expungement after a case is dismissed without prejudice or
998     without condition, the prosecutor provided written consent and has not filed and does not
999     intend to refile related charges;]
1000          [(d) if the petitioner seeks expungement of drug possession offenses allowed under
1001     Subsection 77-40-105(7), the petitioner is not illegally using controlled substances and is
1002     successfully managing any substance addiction;]
1003          [(e) if the petitioner seeks expungement without a certificate of eligibility for
1004     expungement under Subsection 77-40-103(5) for a record of conviction related to cannabis
1005     possession:]
1006          [(i) the petitioner had, at the time of the relevant arrest or citation leading to the
1007     conviction, a qualifying condition, as that term is defined in Section 26-61a-102; and]
1008          [(ii) the possession of cannabis in question was in a form and an amount to medicinally
1009     treat the condition described in Subsection (8)(e)(i);]
1010          [(f) if an objection is received, the petition for expungement is for a charge dismissed
1011     in accordance with a plea in abeyance agreement, and the charge is an offense eligible to be
1012     used for enhancement, there is good cause for the court to grant the expungement; and]
1013          [(g) it is not contrary to the interests of the public to grant the expungement.]
1014          [(9) (a) If the court denies a petition described in Subsection (8)(c) because the
1015     prosecutor intends to refile charges, the person seeking expungement may again apply for a
1016     certificate of eligibility if charges are not refiled within 180 days of the day on which the court
1017     denies the petition.]

1018          [(b) A prosecutor who opposes an expungement of a case dismissed without prejudice
1019     or without condition shall have a good faith basis for the intention to refile the case.]
1020          [(c) A court shall consider the number of times that good faith basis of intention to
1021     refile by the prosecutor is presented to the court in making the court's determination to grant
1022     the petition for expungement described in Subsection (8)(c).]
1023          [(10) If the court grants a petition described in Subsection (8)(e), the court shall make
1024     the court's findings in a written order.]
1025          [(11) A court may not expunge a conviction of an offense for which a certificate of
1026     eligibility may not be or should not have been issued under Section 77-40-104 or 77-40-105.]
1027          Section 18. Section 77-40a-306 is enacted to read:
1028          77-40a-306. Order of expungement.
1029          (1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an
1030     order of expungement if the court finds, by clear and convincing evidence, that:
1031          (a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate
1032     of eligibility are sufficient;
1033          (b) the statutory requirements have been met;
1034          (c) if the petitioner seeks expungement after a case is dismissed without prejudice or
1035     without condition, the prosecuting attorney provided written consent and has not filed and does
1036     not intend to refile related charges;
1037          (d) if the petitioner seeks expungement without a certificate of eligibility for
1038     expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis
1039     possession:
1040          (i) the petitioner had, at the time of the relevant arrest or citation leading to the
1041     conviction, a qualifying condition, as that term is defined in Section 26-61a-102; and
1042          (ii) the possession of cannabis in question was in a form and an amount to medicinally
1043     treat the qualifying condition described in Subsection (1)(d)(i);
1044          (e) if an objection is received, the petition for expungement is for a charge dismissed in
1045     accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
1046     for enhancement, there is good cause for the court to grant the expungement; and
1047          (f) the interests of the public would not be harmed by granting the expungement.
1048          (2) (a) If the court denies a petition described in Subsection (1)(c) because the

1049     prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
1050     eligibility if charges are not refiled within 180 days after the day on which the court denies the
1051     petition.
1052          (b) A prosecuting attorney who opposes an expungement of a case dismissed without
1053     prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
1054          (c) A court shall consider the number of times that good faith basis of intention to
1055     refile by the prosecuting attorney is presented to the court in making the court's determination
1056     to grant the petition for expungement described in Subsection (1)(c).
1057          (3) If the court grants a petition described in Subsection (1)(e), the court shall make the
1058     court's findings in a written order.
1059          (4) A court may not expunge a conviction of an offense for which a certificate of
1060     eligibility may not be, or should not have been, issued under Section 77-40a-302 or
1061     77-40a-303.
1062          Section 19. Section 77-40a-401, which is renumbered from Section 77-40-108 is
1063     renumbered and amended to read:
1064     
Part 4. Distribution and Use of Expunged Records

1065          [77-40-108].      77-40a-401. Distribution of order -- Redaction -- Receipt of
1066     order -- Bureau requirements -- Administrative proceedings.
1067          [(1) (a) (i) An individual who receives an order of expungement under Section
1068     77-40-107 or Section 77-27-5.1 shall be responsible for delivering a copy of the order of
1069     expungement to all affected criminal justice agencies and officials including the court, arresting
1070     agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.]
1071          [(ii) The provisions of Subsection (1)(a)(i) do not apply to an individual who receives
1072     an automatic expungement under Section 77-40-114.]
1073          (1) (a) The bureau, upon receiving notice from the court, shall notify all criminal
1074     justice agencies affected by the expungement order.
1075          (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
1076     and Parole of an expungement order if the individual has never been:
1077          (i) sentenced to prison in this state; or
1078          (ii) under the jurisdiction of the Board of Pardons and Parole.
1079          (c) A petitioner may deliver copies of the expungement to all criminal justice agencies

1080     affected by the order of expungement.
1081          [(b)] (d) An individual, who receives an [order of] expungement order under Section
1082     77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process
1083     in Section 63J-1-504, before the bureau's record may be expunged.
1084          (2) Unless otherwise provided by law or ordered by a court [of competent jurisdiction]
1085     to respond differently, an individual or agency who has received an expungement of an arrest
1086     or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the
1087     arrest or conviction did not occur.
1088          (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of
1089     Investigation.
1090          (4) An agency receiving an expungement order shall expunge the individual's
1091     identifying information contained in records in the agency's possession relating to the incident
1092     for which expungement is ordered.
1093          (5) Unless ordered by a court to do so, or in accordance with Subsection
1094     [77-40-109(2)] 77-40a-403(2), a government agency or official may not divulge information or
1095     records that have been expunged.
1096          (6) (a) An [order of] expungement order may not restrict an agency's use or
1097     dissemination of records in the agency's ordinary course of business until the agency has
1098     received a copy of the order.
1099          (b) Any action taken by an agency after issuance of the order but prior to the agency's
1100     receipt of a copy of the order may not be invalidated by the order.
1101          (7) An [order of] expungement order may not:
1102          (a) terminate or invalidate any pending administrative proceedings or actions of which
1103     the individual had notice according to the records of the administrative body prior to issuance
1104     of the expungement order;
1105          (b) affect the enforcement of any order or findings issued by an administrative body
1106     pursuant to the administrative body's lawful authority prior to issuance of the expungement
1107     order;
1108          (c) remove any evidence relating to the individual including records of arrest, which
1109     the administrative body has used or may use in these proceedings; or
1110          (d) prevent an agency from maintaining, sharing, or distributing any record required by

1111     law.
1112          Section 20. Section 77-40a-402, which is renumbered from Section 77-40-108.5 is
1113     renumbered and amended to read:
1114          [77-40-108.5].      77-40a-402. Distribution for order for vacatur.
1115          (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
1116     shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice
1117     agencies and officials [including the court, arresting agency, booking agency, prosecuting
1118     agency, Department of Corrections, and the bureau].
1119          (2) To complete delivery of the order for vacatur to the bureau, the individual shall
1120     complete and attach to the order for vacatur an application for a certificate of eligibility for
1121     expungement, including identifying information and fingerprints, [as provided in Subsection
1122     77-40-103(1).] in accordance with Section 77-40a-301.
1123          (3) [The] Except as otherwise provided in this section, the bureau shall treat the order
1124     for vacatur and attached certificate of eligibility for expungement the same as a valid order for
1125     expungement under Section [77-40-108, except as provided in this section.] 77-40a-401.
1126          (4) Unless otherwise provided by law or ordered by a court [of competent jurisdiction]
1127     to respond differently, an individual who has received a vacatur of conviction under Section
1128     78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
1129          (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
1130     Investigation.
1131          (6) An agency receiving an order for vacatur shall expunge the individual's identifying
1132     information contained in records in the agency's possession relating to the incident for which
1133     vacatur is ordered.
1134          (7) A government agency or official may not divulge information contained in a record
1135     of arrest, investigation, detention, or conviction after receiving an order for vacatur to any
1136     person or agency, except for:
1137          (a) the individual for whom vacatur was ordered; or
1138          (b) Peace Officer Standards and Training, [pursuant to] in accordance with Section
1139     53-6-203 and Subsection [77-40-109(2)(b)(ii)] 77-40a-403(2)(b)(ii).
1140          (8) The bureau may not count vacated convictions against any future expungement
1141     eligibility.

1142          Section 21. Section 77-40a-403, which is renumbered from Section 77-40-109 is
1143     renumbered and amended to read:
1144          [77-40-109].      77-40a-403. Retention and release of expunged records --
1145     Agencies.
1146          (1) (a) The bureau, after receiving an expungement order, shall keep, index, and
1147     maintain all expunged records of arrests and convictions.
1148          (b) Any agency, other than the bureau, receiving an expungement order shall develop
1149     and implement a process to identify and maintain an expunged record.
1150          (2) (a) (i) [Employees of the bureau] An employee of the bureau, or any agency with an
1151     expunged record, may not divulge any information contained in the [bureau's index] expunged
1152     record to any person or agency without a court order unless:
1153          (A) specifically authorized by statute[.]; or
1154          (B) subject to Subsection (2)(a)(ii), the information in an expunged record is being
1155     shared with another agency through a records management system that both agencies use for
1156     the purpose of record management.
1157          (ii) An agency with a records management system may not disclose any information in
1158     an expunged record with another agency or person that does not use the records management
1159     system for the purpose of record management.
1160          (b) The following [organizations] entities or agencies may receive information
1161     contained in expunged records upon specific request:
1162          (i) the Board of Pardons and Parole;
1163          (ii) Peace Officer Standards and Training;
1164          (iii) federal authorities[, only as] if required by federal law;
1165          (iv) the Department of Commerce;
1166          (v) the Department of Insurance;
1167          (vi) the State Board of Education; [and]
1168          (vii) the Commission on Criminal and Juvenile Justice, for purposes of investigating
1169     applicants for judicial office[.]; and
1170          (viii) a research institution or an agency engaged in research regarding the criminal
1171     justice system if:
1172          (A) the research institution or agency provides a legitimate research purpose for

1173     gathering information from the expunged records;
1174          (B) the research institution or agency enters into a data sharing agreement with the
1175     court or agency with custody of the expunged records that protects the confidentiality of any
1176     identifying information in the expunged records;
1177          (C) any research using expunged records does not include any individual's name or
1178     identifying information in any product of that research; and
1179          (D) any product resulting from research using expunged records includes a disclosure
1180     that expunged records were used for research purposes.
1181          (c) [A person or agency] Except as otherwise provided by this Subsection (2) or by
1182     court order, a person, an agency, or an entity authorized by this Subsection (2) to view
1183     expunged records may not reveal or release any information obtained from the expunged
1184     records to anyone outside the specific request, [except as directed by a court order,] including
1185     distribution on a public website.
1186          (d) A prosecuting attorney may communicate with another prosecuting attorney, or
1187     another prosecutorial agency, regarding information in an expunged record that includes a
1188     conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
1189     agreement, for:
1190          (i) stalking as described in Section 76-5-106.5;
1191          (ii) a domestic violence offense as defined in Section 77-36-1;
1192          (iii) an offense that would require the individual to register as a sex offender, as
1193     defined in Section 77-41-102; or
1194          (iv) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
1195          (e) Except as provided in Subsection (4), a prosecuting attorney may not use an
1196     expunged record for the purpose of a sentencing enhancement or as a basis for charging an
1197     individual with an offense that requires a prior conviction.
1198          (3) The bureau may also use the information in the bureau's index as provided in
1199     Section 53-5-704.
1200          (4) If, after obtaining an expungement, an individual is charged with a felony or an
1201     offense eligible for enhancement based on a prior conviction, the state may petition the court to
1202     open the expunged records upon a showing of good cause.
1203          (5) (a) For judicial sentencing, a court may order any records expunged under this

1204     chapter or Section 77-27-5.1 to be opened and admitted into evidence.
1205          (b) The records are confidential and are available for inspection only by the court,
1206     parties, counsel for the parties, and any other person who is authorized by the court to inspect
1207     them.
1208          (c) At the end of the action or proceeding, the court shall order the records expunged
1209     again.
1210          (d) Any person authorized by this Subsection (5) to view expunged records may not
1211     reveal or release any information obtained from the expunged records to anyone outside the
1212     court.
1213          (6) Records released under this chapter are classified as protected under Section
1214     63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
1215     Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
1216          Section 22. Section 77-40a-404, which is renumbered from Section 77-40-110 is
1217     renumbered and amended to read:
1218          [77-40-110].      77-40a-404. Use of expunged records -- Individuals -- Use in
1219     civil actions.
1220          [Records] A record expunged under this chapter or Section 77-27-5.1 may be released
1221     to or viewed by [the following individuals]:
1222          (1) the petitioner or an individual who receives an automatic expungement under
1223     Section [77-40-114] 77-40-201;
1224          (2) a law enforcement officer, who was involved in the case, for use solely in the
1225     officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1226     that particular case; and
1227          (3) parties to a civil action arising out of the expunged incident[, providing] if the
1228     information is kept confidential and utilized only in the action.
1229          Section 23. Section 77-40a-405, which is renumbered from Section 77-40-112 is
1230     renumbered and amended to read:
1231          [77-40-112].      77-40a-405. Penalty for disclosure of expunged, vacated, or
1232     pardoned records.
1233          An employee or agent of an agency that is prohibited from disseminating information
1234     from expunged, vacated, or pardoned records under Section 77-27-5.1 or [77-40-109]

1235     77-40a-403 who knowingly or intentionally discloses identifying information from the
1236     expunged, vacated, or pardoned record that has been pardoned, vacated, or expunged, unless
1237     allowed by law, is guilty of a class A misdemeanor.
1238          Section 24. Section 78B-9-108 is amended to read:
1239          78B-9-108. Effect of granting relief -- Notice.
1240          (1) If the court grants the petitioner's request for relief, except requests for relief under
1241     Subsection 78B-9-104(1)(g), the court shall either:
1242          (a) modify the original conviction or sentence; or
1243          (b) vacate the original conviction or sentence and order a new trial or sentencing
1244     proceeding as appropriate.
1245          (2) If the court grants the petitioner's request for relief under Subsection
1246     78B-9-104(1)(g), the court shall:
1247          (a) vacate the original conviction and sentence; and
1248          (b) order the petitioner's records expunged [pursuant to Section 77-40-108.5] in
1249     accordance with Section 77-40a-402.
1250          (3) (a) If the petitioner is serving a felony sentence, the order shall be stayed for five
1251     days. Within the stay period, the respondent shall give written notice to the court and the
1252     petitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the
1253     order, or take no action.
1254          (b) If the respondent fails to provide notice or gives notice at any time during the stay
1255     period that it intends to take no action, the court shall lift the stay and deliver the order to the
1256     custodian of the petitioner.
1257          (c) If the respondent gives notice of intent to appeal the court's decision, the stay
1258     provided for by Subsection (3)(a) shall remain in effect until the appeal concludes, including
1259     any petitions for rehearing or for discretionary review by a higher court. The court may lift the
1260     stay if the petitioner can make the showing required for a certificate of probable cause under
1261     Section 77-20-302 and Utah Rules of Criminal Procedure, Rule 27.
1262          (d) If the respondent gives notice that it intends to retry or resentence the petitioner, the
1263     trial court may order any supplementary orders as to arraignment, trial, sentencing, custody,
1264     bail, discharge, or other matters that may be necessary.
1265          Section 25. Repealer.

1266          This bill repeals:
1267          Section 77-40-101, Title.
1268          Section 77-40-103, Petition for expungement procedure overview.