1     
EXPUNGEMENT CHANGES

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Stephanie Pitcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to expungement.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms related to expungement;
13          ▸     clarifies provisions related to an individual's eligibility for an expungement;
14          ▸     requires an agency to provide written confirmation of expungement if the individual
15     who received the expungement requests confirmation;
16          ▸     allows the Bureau of Criminal Identification to charge a fee for providing a written
17     confirmation of an expungement;
18          ▸     amends the list of agencies that can access an expunged record;
19          ▸     allows an individual who receives an expungement to request confirmation of an
20     expungement from an agency; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          77-40a-101, as last amended by Laws of Utah 2022, Chapters 116, 430 and renumbered
29     and amended by Laws of Utah 2022, Chapter 250
30          77-40a-104, as renumbered and amended by Laws of Utah 2022, Chapter 250
31          77-40a-302, as renumbered and amended by Laws of Utah 2022, Chapter 250
32          77-40a-303, as last amended by Laws of Utah 2022, Chapter 116 and renumbered and
33     amended by Laws of Utah 2022, Chapter 250
34          77-40a-304, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
35     amended by Laws of Utah 2022, Chapter 250 and last amended by Coordination
36     Clause, Laws of Utah 2022, Chapter 384
37          77-40a-401, as renumbered and amended by Laws of Utah 2022, Chapter 250
38          77-40a-402, as renumbered and amended by Laws of Utah 2022, Chapter 250
39          77-40a-403, as renumbered and amended by Laws of Utah 2022, Chapter 250
40          77-40a-404, as renumbered and amended by Laws of Utah 2022, Chapter 250
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 77-40a-101 is amended to read:
44          77-40a-101. Definitions.
45          As used in this chapter:
46          (1) "Agency" means a state, county, or local government entity that generates or
47     maintains records relating to an investigation, arrest, detention, or conviction for an offense for
48     which expungement may be ordered.
49          (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
50     Safety established in Section 53-10-201.
51          (3) "Certificate of eligibility" means a document issued by the bureau stating that the
52     criminal record and all records of arrest, investigation, and detention associated with a case that
53     is the subject of a petition for expungement is eligible for expungement.
54          (4) (a) [Except as provided in Subsection (4)(c), "clean slate eligible case" means]
55     "Clean slate eligible case" means, except as provided in Subsection (4)(c), a case:
56          (i) where each conviction within the case is:
57          (A) a misdemeanor conviction for possession of a controlled substance in violation of
58     Subsection 58-37-8(2)(a)(i);
59          (B) a class B or class C misdemeanor conviction; or
60          (C) an infraction conviction;
61          (ii) that involves an individual:
62          (A) whose total number of convictions in Utah state courts, not including infractions,
63     traffic offenses, or minor regulatory offenses, does not exceed the limits described in
64     Subsections 77-40a-303(5) and (6) without taking into consideration the exception in
65     Subsection 77-40a-303(8); and
66          (B) against whom no criminal proceedings are pending in the state; and
67          (iii) for which the following time periods have elapsed from the day on which the case
68     is adjudicated:
69          (A) at least five years for a class C misdemeanor or an infraction;
70          (B) at least six years for a class B misdemeanor; and
71          (C) at least seven years for a class A conviction for possession of a controlled
72     substance in violation of Subsection 58-37-8(2)(a)(i).
73          (b) "Clean slate eligible case" includes a case:
74          (i) that is dismissed as a result of a successful completion of a plea in abeyance
75     agreement governed by Subsection 77-2a-3(2)(b) if:
76          (A) except as provided in Subsection (4)(c), each charge within the case is a
77     misdemeanor for possession of a controlled substance in violation of Subsection
78     58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;
79          (B) the individual involved meets the requirements of Subsection (4)(a)(ii); and
80          (C) the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed
81     from the day on which the case is dismissed; or
82          (ii) where charges are dismissed without prejudice if each conviction, or charge that
83     was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or
84     (b)(i).
85          (c) "Clean slate eligible case" does not include a case:
86          (i) where the individual is found not guilty by reason of insanity;
87          (ii) where the case establishes a criminal accounts receivable, as defined in Section
88     77-32b-102, that:
89          (A) has been entered as a civil accounts receivable or a civil judgment of restitution, as
90     those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt
91     Collection under Section 77-18-114; or
92          (B) has not been satisfied according to court records; or
93          (iii) that resulted in one or more pleas held in abeyance or convictions for the following
94     offenses:
95          (A) any of the offenses listed in Subsection 77-40a-303(1)(a);
96          (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
97     the Individual;
98          (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
99          (D) sexual battery in violation of Section 76-9-702.1;
100          (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
101          (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
102     and Reckless Driving;
103          (G) damage to or interruption of a communication device in violation of Section
104     76-6-108;
105          (H) a domestic violence offense as defined in Section 77-36-1; or
106          (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
107     other than a class A misdemeanor conviction for possession of a controlled substance in
108     violation of Subsection 58-37-8(2)(a)(i).
109          (5) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
110     after trial, a plea of guilty, or a plea of nolo contendere.
111          (6) "Criminal protective order" means the same as that term is defined in Section
112     78B-7-102.
113          (7) "Criminal stalking injunction" means the same as that term is defined in Section
114     78B-7-102.
115          (8) "Department" means the Department of Public Safety established in Section
116     53-1-103.
117          (9) "Drug possession offense" means an offense under:
118          (a) Subsection 58-37-8(2), except:
119          (i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of
120     marijuana;
121          (ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional
122     facility; or
123          (iii) driving with a controlled substance illegally in the person's body and negligently
124     causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah
125     2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
126          (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
127          (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
128          (d) any local ordinance which is substantially similar to any of the offenses described
129     in this Subsection (9).
130          (10) "Expunge" means to seal or otherwise restrict access to the individual's record
131     held by an agency when the record includes a criminal investigation, detention, arrest, or
132     conviction.
133          (11) "Jurisdiction" means a state, district, province, political subdivision, territory, or
134     possession of the United States or any foreign country.
135          [(12) (a) Except as provided in Subsection (12)(c), "minor regulatory offense" means]
136          (12) (a) "Minor regulatory offense" means, except as provided in Subsection (12)(c), a
137     class B or C misdemeanor or a local ordinance.
138          (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
139     76-10-105.
140          (c) "Minor regulatory offense" does not include:
141          (i) any drug possession offense;
142          (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
143     Reckless Driving;
144          (iii) an offense under Sections 73-18-13 through 73-18-13.6;
145          (iv) except as provided in Subsection (12)(b), an offense under Title 76, Utah Criminal
146     Code; or
147          (v) any local ordinance that is substantially similar to an offense listed in Subsections
148     (12)(c)(i) through (iv).
149          (13) "Petitioner" means an individual applying for expungement under this chapter.
150          (14) "Plea in abeyance" means the same as that term is defined in Section 77-2a-1.
151          [(14)] (15) (a) "Traffic offense" means, except as provided in Subsection (15)(b):
152          (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
153     Chapter 6a, Traffic Code;
154          (ii) an offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
155          (iii) an offense under Title 73, Chapter 18, State Boating Act; and
156          (iv) all local ordinances that are substantially similar to an offense listed in Subsections
157     (14)(a)(i) through (iii).
158          (b) "Traffic offense" does not mean:
159          (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
160     Reckless Driving;
161          (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
162          (iii) any local ordinance that is substantially similar to an offense listed in Subsection
163     [(14)(b)(i)] (15)(b)(i) or (ii).
164          [(15)] (16) "Traffic offense case" means that each offense in the case is a traffic
165     offense.
166          Section 2. Section 77-40a-104 is amended to read:
167          77-40a-104. Department rulemaking authority.
168          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
169     department may make rules to:
170          (1) implement procedures for processing an automatic expungement;
171          (2) implement procedures for applying for certificates of eligibility;
172          (3) specify procedures for receiving a certificate of eligibility; [and]
173          (4) create forms and determine information necessary to be provided to the bureau[.];
174     and
175          (5) implement procedures for the confirmation of an expungement as described in
176     Subsection 77-40a-403(2).
177          Section 3. Section 77-40a-302 is amended to read:
178          77-40a-302. Requirements for certificate of eligibility to expunge records of
179     arrest, investigation, and detention.
180          (1) [An] Except as provided in Subsection (2), an individual who is arrested or
181     formally charged with an offense is eligible to receive a certificate of eligibility from the
182     bureau to expunge the records of arrest, investigation, and detention [that may have been made
183     in the case] in the case for the offense if:
184          [(1) at least 30 days have passed since the day of the arrest for which a certificate of
185     eligibility is sought;]
186          [(2) there are no criminal proceedings or pleas in abeyance pending against the
187     individual;]
188          [(3) the individual is not currently on probation or parole;]
189          [(4) there is not a criminal protective order or a criminal stalking injunction in effect
190     for the case;]
191          [(5) there are no convictions in the case for a traffic offense; and]
192          [(6) one of the following occurs:]
193          [(a) charges are screened by the investigating law enforcement agency and the
194     prosecuting attorney makes a final determination that no charges will be filed in the case;]
195          [(b) (i) all charges contained in the case are dismissed; and]
196          [(ii) if any charge contained in the case is dismissed without prejudice or without
197     condition:]
198          [(A) the prosecuting attorney consents in writing to the issuance of a certificate of
199     eligibility; or]
200          [(B) at least 180 days have passed since the day on which the charge is dismissed;]
201          [(c) the individual is acquitted at trial on all of the charges contained in the case; or]
202          [(d) the statute of limitations expires on all of the charges contained in the case.]
203          (a) at least 30 days have passed since the day on which the individual is arrested for the
204     offense; and
205          (b) one of the following occurs:
206          (i) an investigating law enforcement agency and the prosecuting attorney has screened
207     the case and determined that no charges will be filed against the individual;
208          (ii) all charges in the case are dismissed with prejudice;
209          (iii) if a charge in the case is dismissed without prejudice or without condition:
210          (A) the prosecuting attorney consents in writing to the issuance of a certificate of
211     eligibility; or
212          (B) at least 180 days have passed after the day on which the charge is dismissed;
213          (iv) the individual is acquitted at trial on all of the charges in the case; or
214          (v) the statute of limitations expires on all of the charges in the case.
215          (2) An individual is not eligible for a certificate of eligibility from the bureau to
216     expunge the records of arrest, investigation, and detention of an offense if:
217          (a) there is a criminal proceeding or a plea in abeyance pending against the individual,
218     unless the criminal proceeding or plea in abeyance pending against the petition is for an
219     infraction, a traffic offense, or a minor regulatory offense;
220          (b) the individual is on probation or parole for an offense, unless the individual is on
221     probation for an infraction, a traffic offense, or a minor regulatory offense; or
222          (c) there is a criminal protective order or a criminal stalking injunction in effect for the
223     offense.
224          Section 4. Section 77-40a-303 is amended to read:
225          77-40a-303. Requirements for a certificate of eligibility to expunge records of a
226     conviction.
227          (1) Except as [provided in Subsections (2) and (4)] otherwise provided in this section,
228     an individual is not eligible to receive a certificate of eligibility from the bureau to expunge the
229     records of a conviction if:
230          (a) the conviction for which expungement is sought is:
231          (i) a capital felony;
232          (ii) a first degree felony;
233          (iii) a felony conviction of a violent felony as defined in Subsection
234     76-3-203.5(1)(c)(i);
235          (iv) a felony conviction described in Subsection 41-6a-501(2);
236          (v) an offense, or a combination of offenses, that would require the individual to
237     register as a sex offender, as defined in Section 77-41-102; or
238          (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
239          (b) a criminal proceeding or a plea in abeyance is pending against the petitioner, unless
240     the criminal proceeding or plea in abeyance pending against the petitioner is for an infraction, a
241     traffic offense, or a minor regulatory offense;
242          (c) the petitioner is on probation or parole for an offense, unless the petitioner is on
243     probation for an infraction, a traffic offense, or a minor regulatory offense;
244          (d) the petitioner intentionally or knowingly provides false or misleading information
245     on the application for a certificate of eligibility; or
246          (e) a criminal protective order or a criminal stalking injunction is in effect for the case.
247          (2) The eligibility limitation described in Subsection (1) does not apply in relation to a
248     conviction for a qualifying sexual offense, as defined in Subsection 76-3-209(1), if, at the time
249     of the offense, the individual who committed the offense was at least 14 years old, but under 18
250     years old, unless the conviction occurred in district court after the individual was:
251          (a) charged by criminal information under Section 80-6-502 or 80-6-503; and
252          (b) bound over to district court under Section 80-6-504.
253          (3) A petitioner seeking to obtain expungement for a record of conviction is not
254     eligible to receive a certificate of eligibility from the bureau until all of the following have
255     occurred:
256          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
257     conviction for which expungement is sought;
258          (b) the petitioner has paid in full all restitution ordered by the court under Section
259     77-38b-205; and
260          (c) the following time periods have elapsed from the date the petitioner was convicted
261     or released from incarceration, parole, or probation, whichever occurred last, for each
262     conviction the petitioner seeks to expunge:
263          (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a
264     felony conviction of operating a motor vehicle with any amount of a controlled substance in an
265     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
266     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
267          (ii) seven years in the case of a felony;
268          (iii) five years in the case of any class A misdemeanor or a felony drug possession
269     offense;
270          (iv) four years in the case of a class B misdemeanor; or
271          (v) three years in the case of any other misdemeanor or infraction.
272          (4) When determining whether to issue a certificate of eligibility for a conviction, the
273     bureau may not consider:
274          (a) a petitioner's pending or previous:
275          (i) infraction;
276          (ii) traffic offense;
277          (iii) minor regulatory offense; or
278          (iv) clean slate eligible case that was automatically expunged in accordance with
279     Section 77-40a-201; or
280          (b) a fine or fee related to an offense described in Subsection (4)(a).
281          (5) Except as provided in Subsection (8), the bureau may not issue a certificate of
282     eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility, the
283     bureau determines that the petitioner's criminal history, including previously expunged
284     convictions, contains any of the following:
285          (a) two or more felony convictions other than for drug possession offenses, each of
286     which is contained in a separate criminal episode;
287          (b) any combination of three or more convictions other than for drug possession
288     offenses that include two class A misdemeanor convictions, each of which is contained in a
289     separate criminal episode;
290          (c) any combination of four or more convictions other than for drug possession
291     offenses that include three class B misdemeanor convictions, each of which is contained in a
292     separate criminal episode; or
293          (d) five or more convictions other than for drug possession offenses of any degree
294     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
295          (6) Except as provided in Subsection (8), the bureau may not issue a certificate of
296     eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility, the
297     bureau determines that the petitioner's criminal history, including previously expunged
298     convictions, contains any of the following:
299          (a) three or more felony convictions for drug possession offenses, each of which is
300     contained in a separate criminal episode; or
301          (b) any combination of five or more convictions for drug possession offenses, each of
302     which is contained in a separate criminal episode.
303          (7) If the petitioner's criminal history contains convictions for both a drug possession
304     offense and a non-drug possession offense arising from the same criminal episode, that
305     criminal episode shall be counted as provided in Subsection (5) if any non-drug possession
306     offense in that episode:
307          (a) is a felony or class A misdemeanor; or
308          (b) has the same or a longer waiting period under Subsection (3) than any drug
309     possession offense in that episode.
310          (8) If at least 10 years have elapsed from the date the petitioner was convicted or
311     released from incarceration, parole, or probation, whichever occurred last, for all convictions:
312          (a) each numerical eligibility limit defined in Subsections (5)(a) and (b) shall be
313     increased by one; and
314          (b) each numerical eligibility limit defined in Subsections (5)(c), (5)(d), and (6) are not
315     applicable and the bureau may issue a certificate of eligibility if:
316          (i) the individual is otherwise eligible; and
317          (ii) the highest convicted offense in the criminal episode for each conviction is:
318          (A) a class B misdemeanor;
319          (B) a class C misdemeanor;
320          (C) a drug possession offense if none of the non-drug possession offenses in the
321     criminal episode are a felony or a class A misdemeanor; or
322          (D) an infraction.
323          (9) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah Board
324     of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
325     crimes in accordance with Section 77-27-5.1.
326          Section 5. Section 77-40a-304 is amended to read:
327          77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
328          (1) (a) When a petitioner applies for a certificate of eligibility as described in
329     Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental
330     agencies, including national criminal data bases, to determine whether the petitioner is eligible
331     to receive a certificate of eligibility under this chapter.
332          (b) For purposes of determining eligibility under this chapter, the bureau may review
333     records of arrest, investigation, detention, and conviction that have been previously expunged,
334     regardless of the jurisdiction in which the expungement occurred.
335          (c) Once the eligibility process is complete, the bureau shall notify the petitioner.
336          (d) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303:
337          (i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
338     from the day on which the certificate is issued;
339          (ii) the bureau shall provide a petitioner with an identification number for the
340     certificate of eligibility; and
341          (iii) the petitioner shall pay the issuance fee established by the department as described
342     in Subsection (2).
343          (e) If, after reasonable research, a disposition for an arrest on the criminal history file is
344     unobtainable, the bureau may issue a special certificate giving determination of eligibility to
345     the court [if], except that the bureau may not issue the special certificate if:
346          (i) there [are no criminal proceedings or pleas] is a criminal proceeding or a plea in
347     abeyance pending against the petitioner[; and], unless the criminal proceeding or plea in
348     abeyance pending against the petitioner is for an infraction, a traffic offense, or a minor
349     regulatory offense; or
350          (ii) the petitioner [is not currently on probation or parole] is on probation or parole for
351     an offense, unless the petitioner is on probation for an infraction, a traffic offense, or a minor
352     regulatory offense.
353          (2) (a) The bureau shall charge application and issuance fees for a certificate of
354     eligibility or special certificate in accordance with the process in Section 63J-1-504.
355          (b) The application fee shall be paid at the time the petitioner submits an application
356     for a certificate of eligibility to the bureau.
357          (c) If the bureau determines that the issuance of a certificate of eligibility or special
358     certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
359     certificate of eligibility or special certificate unless Subsection (2)(d) applies.
360          (d) An issuance fee may not be assessed against a petitioner who qualifies for a
361     certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant
362     to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion
363     agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
364          (e) Funds generated under this Subsection (2) shall be deposited in the General Fund as
365     a dedicated credit by the department to cover the costs incurred in determining eligibility.
366          (3) The bureau shall include on the certificate of eligibility all information that is
367     needed for the court to issue a valid expungement order.
368          (4) The bureau shall provide clear written instructions to the petitioner that explain:
369          (a) the process for a petition for expungement; and
370          (b) what is required of the petitioner to complete the process for a petition for
371     expungement.
372          (5) (a) The requirement for a petitioner to pay an issuance fee for a certificate of
373     eligibility or a special certificate of eligibility under Subsection (2) is suspended from May 4,
374     2022, to June 30, 2023.
375          (b) The bureau may not charge a fee for the issuance of a certificate of eligibility or a
376     special certificate of eligibility during the time period described in Subsection (5)(a).
377          Section 6. Section 77-40a-401 is amended to read:
378          77-40a-401. Distribution of order -- Redaction -- Receipt of order -- Bureau
379     requirements -- Administrative proceedings.
380          (1) (a) The bureau, upon receiving notice from the court, shall notify all criminal
381     justice agencies affected by the expungement order.
382          (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
383     and Parole of an expungement order if the individual has never been:
384          (i) sentenced to prison in this state; or
385          (ii) under the jurisdiction of the Board of Pardons and Parole.
386          (c) A petitioner may deliver copies of the expungement to all criminal justice agencies
387     affected by the order of expungement.
388          (d) An individual, who receives an expungement order under Section 77-27-5.1, shall
389     pay a processing fee to the bureau, established in accordance with the process in Section
390     63J-1-504, before the bureau's record may be expunged.
391          (2) Unless otherwise provided by law or ordered by a court to respond differently, an
392     individual or agency who has received an expungement of an arrest or conviction under this
393     chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did
394     not occur.
395          (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of
396     Investigation.
397          (4) An agency receiving an expungement order shall expunge the individual's
398     identifying information contained in records in the agency's possession relating to the incident
399     for which expungement is ordered.
400          (5) Unless ordered by a court to do so, or in accordance with Subsection
401     [77-40a-403(2)] 77-40a-403(3), a government agency or official may not divulge information
402     or records that have been expunged.
403          (6) (a) An expungement order may not restrict an agency's use or dissemination of
404     records in the agency's ordinary course of business until the agency has received a copy of the
405     order.
406          (b) Any action taken by an agency after issuance of the order but prior to the agency's
407     receipt of a copy of the order may not be invalidated by the order.
408          (7) An expungement order may not:
409          (a) terminate or invalidate any pending administrative proceedings or actions of which
410     the individual had notice according to the records of the administrative body prior to issuance
411     of the expungement order;
412          (b) affect the enforcement of any order or findings issued by an administrative body
413     pursuant to the administrative body's lawful authority prior to issuance of the expungement
414     order;
415          (c) remove any evidence relating to the individual including records of arrest, which
416     the administrative body has used or may use in these proceedings; or
417          (d) prevent an agency from maintaining, sharing, or distributing any record required by
418     law.
419          Section 7. Section 77-40a-402 is amended to read:
420          77-40a-402. Distribution for order for vacatur.
421          (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
422     shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice
423     agencies and officials.
424          (2) To complete delivery of the order for vacatur to the bureau, the individual shall
425     complete and attach to the order for vacatur an application for a certificate of eligibility for
426     expungement, including identifying information and fingerprints, in accordance with Section
427     77-40a-301.
428          (3) Except as otherwise provided in this section, the bureau shall treat the order for
429     vacatur and attached certificate of eligibility for expungement the same as a valid order for
430     expungement under Section 77-40a-401.
431          (4) Unless otherwise provided by law or ordered by a court to respond differently, an
432     individual who has received a vacatur of conviction under [Section] Subsection 78B-9-108(2)
433     may respond to any inquiry as though the conviction did not occur.
434          (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
435     Investigation.
436          (6) An agency receiving an order for vacatur shall expunge the individual's identifying
437     information contained in records in the agency's possession relating to the incident for which
438     vacatur is ordered.
439          (7) A government agency or official may not divulge information contained in a record
440     of arrest, investigation, detention, or conviction after receiving an order for vacatur to any
441     person or agency, except for:
442          (a) the individual for whom vacatur was ordered; or
443          (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and
444     Subsection [77-40a-403(2)(b)(ii)] 77-40a-403(3)(b)(ii).
445          (8) The bureau may not count vacated convictions against any future expungement
446     eligibility.
447          Section 8. Section 77-40a-403 is amended to read:
448          77-40a-403. Retention and release of expunged records -- Agencies.
449          (1) (a) The bureau, after receiving an expungement order, shall keep, index, and
450     maintain all expunged records of arrests and convictions.
451          (b) Any agency, other than the bureau, receiving an expungement order shall develop
452     and implement a process to identify and maintain an expunged record.
453          (2) (a) An agency shall provide an individual who receives an expungement with
454     written confirmation that the agency has expunged all records of the offense for which the
455     individual received the expungement if the individual requests confirmation from the agency.
456          (b) The bureau may charge a fee for providing a written confirmation under Subsection
457     (2)(a) in accordance with the process in Section 63J-1-504.
458          [(2)] (3) (a) (i) An employee of the bureau, or any agency with an expunged record,
459     may not divulge any information contained in the expunged record to any person or agency
460     without a court order unless:
461          (A) specifically authorized by statute; or
462          (B) subject to Subsection [(2)(a)(ii)] (3)(a)(ii), the information in an expunged record is
463     being shared with another agency through a records management system that both agencies use
464     for the purpose of record management.
465          (ii) An agency with a records management system may not disclose any information in
466     an expunged record with another agency or person that does not use the records management
467     system for the purpose of record management.
468          [(b)] (4) The following entities or agencies may receive information contained in
469     expunged records upon specific request:
470          [(i)] (a) the Board of Pardons and Parole;
471          [(ii)] (b) Peace Officer Standards and Training;
472          [(iii)] (c) federal authorities if required by federal law;
473          [(iv) the Department of Commerce;]
474          [(v) the Department of Insurance;]
475          [(vi)] (d) the State Board of Education;
476          [(vii)] (e) the Commission on Criminal and Juvenile Justice, for purposes of
477     investigating applicants for judicial office; and
478          [(viii)] (f) a research institution or an agency engaged in research regarding the
479     criminal justice system if:
480          [(A)] (i) the research institution or agency provides a legitimate research purpose for
481     gathering information from the expunged records;
482          [(B)] (ii) the research institution or agency enters into a data sharing agreement with
483     the court or agency with custody of the expunged records that protects the confidentiality of
484     any identifying information in the expunged records;
485          [(C)] (iii) any research using expunged records does not include any individual's name
486     or identifying information in any product of that research; and
487          [(D)] (iv) any product resulting from research using expunged records includes a
488     disclosure that expunged records were used for research purposes.
489          [(c)] (5) Except as otherwise provided by this Subsection [(2)] (3) or by court order, a
490     person, an agency, or an entity authorized by [this Subsection (2)] this section to view
491     expunged records may not reveal or release any information obtained from the expunged
492     records to anyone outside the specific request, including distribution on a public website.
493          [(d)] (6) A prosecuting attorney may communicate with another prosecuting attorney,
494     or another prosecutorial agency, regarding information in an expunged record that includes a
495     conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
496     agreement, for:
497          [(i)] (a) stalking as described in Section 76-5-106.5;
498          [(ii)] (b) a domestic violence offense as defined in Section 77-36-1;
499          [(iii)] (c) an offense that would require the individual to register as a sex offender, as
500     defined in Section 77-41-102; or
501          [(iv)] (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
502          [(e)] (7) Except as provided in Subsection [(4)] (9), a prosecuting attorney may not use
503     an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
504     individual with an offense that requires a prior conviction.
505          [(3)] (8) The bureau may also use the information in the bureau's index as provided in
506     Section 53-5-704.
507          [(4)] (9) If, after obtaining an expungement, an individual is charged with a felony or
508     an offense eligible for enhancement based on a prior conviction, the state may petition the court
509     to open the expunged records upon a showing of good cause.
510          [(5)] (10) (a) For judicial sentencing, a court may order any records expunged under
511     this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
512          (b) The records are confidential and are available for inspection only by the court,
513     parties, counsel for the parties, and any other person who is authorized by the court to inspect
514     them.
515          (c) At the end of the action or proceeding, the court shall order the records expunged
516     again.
517          (d) Any person authorized by this Subsection [(5)] (10) to view expunged records may
518     not reveal or release any information obtained from the expunged records to anyone outside the
519     court.
520          [(6)] (11) Records released under this chapter are classified as protected under Section
521     63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
522     Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
523          Section 9. Section 77-40a-404 is amended to read:
524          77-40a-404. Confirmation of expungement -- Access to expunged records by
525     individuals.
526          [A record expunged under this chapter or Section 77-27-5.1 may be released to or
527     viewed by:]
528          (1) An individual who receives an expungement may request a written confirmation
529     from an agency under Subsection 77-40a-403(2) to confirm that the agency has expunged all
530     records of the offense for which the individual received the expungement.
531          (2) The following individuals may view or obtain an expunged record under this
532     chapter or Section 77-27-5.1:
533          [(1)] (a) the petitioner or an individual who receives an automatic expungement under
534     Section 77-40a-201;
535          [(2)] (b) a law enforcement officer, who was involved in the case, for use solely in the
536     officer's defense of a civil action arising out of the officer's involvement with the petitioner in
537     that particular case; and
538          [(3)] (c) [parties] a party to a civil action arising out of the expunged incident if the
539     information is kept confidential and utilized only in the action.