1     
EXPUNGEMENT REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Marsha Judkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to expungement.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the rulemaking authority of the Department of Public Safety;
14          ▸     amends the requirements for a certificate of eligibility to expunge records of arrest,
15     investigation, and detention;
16          ▸     amends the requirements for a certificate of eligibility to expunge records of a
17     conviction;
18          ▸     amends the requirements for a petition for expungement for a traffic offense case;
19          ▸     addresses a victim's response to a petition for expungement;
20          ▸     requires an agency to provide written confirmation of expungement if the individual
21     who received the expungement requests confirmation;
22          ▸     allows the Bureau of Criminal Identification to charge a fee for providing a written
23     confirmation of an expungement;
24          ▸     amends the list of agencies that can access an expunged record;
25          ▸     allows an individual who receives an expungement to request confirmation of an
26     expungement from an agency;
27          ▸     clarifies a statutory provision regarding a hearing for the expungement of a
28     protective order; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          77-40a-101, as last amended by Laws of Utah 2022, Chapters 116, 430 and renumbered
37     and amended by Laws of Utah 2022, Chapter 250
38          77-40a-104, as renumbered and amended by Laws of Utah 2022, Chapter 250
39          77-40a-302, as renumbered and amended by Laws of Utah 2022, Chapter 250
40          77-40a-303, as last amended by Laws of Utah 2022, Chapter 116 and renumbered and
41     amended by Laws of Utah 2022, Chapter 250
42          77-40a-304, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
43     amended by Laws of Utah 2022, Chapter 250 and last amended by Coordination
44     Clause, Laws of Utah 2022, Chapter 384
45          77-40a-305, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
46     amended by Laws of Utah 2022, Chapter 250
47          77-40a-401, as renumbered and amended by Laws of Utah 2022, Chapter 250
48          77-40a-402, as renumbered and amended by Laws of Utah 2022, Chapter 250
49          77-40a-403, as renumbered and amended by Laws of Utah 2022, Chapter 250
50          77-40a-404, as renumbered and amended by Laws of Utah 2022, Chapter 250
51          78B-7-1003, as enacted by Laws of Utah 2022, Chapter 270
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 77-40a-101 is amended to read:
55          77-40a-101. Definitions.
56          As used in this chapter:
57          (1) "Agency" means a state, county, or local government entity that generates or
58     maintains records relating to an investigation, arrest, detention, or conviction for an offense for
59     which expungement may be ordered.
60          (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
61     Safety established in Section 53-10-201.
62          (3) "Certificate of eligibility" means a document issued by the bureau stating that the
63     criminal record and all records of arrest, investigation, and detention associated with a case that
64     is the subject of a petition for expungement is eligible for expungement.
65          (4) (a) [Except as provided in Subsection (4)(c), "clean slate eligible case" means]
66     "Clean slate eligible case" means, except as provided in Subsection (4)(c), a case:
67          (i) where each conviction within the case is:
68          (A) a misdemeanor conviction for possession of a controlled substance in violation of
69     Subsection 58-37-8(2)(a)(i);
70          (B) a class B or class C misdemeanor conviction; or
71          (C) an infraction conviction;
72          (ii) that involves an individual:
73          (A) whose total number of convictions in Utah state courts, not including infractions,
74     traffic offenses, or minor regulatory offenses, does not exceed the limits described in
75     Subsections [77-40a-303(5) and (6)] 77-40a-303(4) and (5) without taking into consideration
76     the exception in Subsection [77-40a-303(8)] 77-40a-303(7); and
77          (B) against whom no criminal proceedings are pending in the state; and
78          (iii) for which the following time periods have elapsed from the day on which the case
79     is adjudicated:
80          (A) at least five years for a class C misdemeanor or an infraction;
81          (B) at least six years for a class B misdemeanor; and
82          (C) at least seven years for a class A conviction for possession of a controlled
83     substance in violation of Subsection 58-37-8(2)(a)(i).
84          (b) "Clean slate eligible case" includes a case:
85          (i) that is dismissed as a result of a successful completion of a plea in abeyance
86     agreement governed by Subsection 77-2a-3(2)(b) if:
87          (A) except as provided in Subsection (4)(c), each charge within the case is a
88     misdemeanor for possession of a controlled substance in violation of Subsection
89     58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;
90          (B) the individual involved meets the requirements of Subsection (4)(a)(ii); and
91          (C) the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed
92     from the day on which the case is dismissed; or
93          (ii) where charges are dismissed without prejudice if each conviction, or charge that
94     was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or
95     (b)(i).
96          (c) "Clean slate eligible case" does not include a case:
97          (i) where the individual is found not guilty by reason of insanity;
98          (ii) where the case establishes a criminal accounts receivable, as defined in Section
99     77-32b-102, that:
100          (A) has been entered as a civil accounts receivable or a civil judgment of restitution, as
101     those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt
102     Collection under Section 77-18-114; or
103          (B) has not been satisfied according to court records; or
104          (iii) that resulted in one or more pleas held in abeyance or convictions for the following
105     offenses:
106          (A) any of the offenses listed in Subsection [77-40a-303(1)(a)] 77-40a-303(2)(a);
107          (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
108     the Individual;
109          (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
110          (D) sexual battery in violation of Section 76-9-702.1;
111          (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
112          (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
113     and Reckless Driving;
114          (G) damage to or interruption of a communication device in violation of Section
115     76-6-108;
116          (H) a domestic violence offense as defined in Section 77-36-1; or
117          (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
118     other than a class A misdemeanor conviction for possession of a controlled substance in
119     violation of Subsection 58-37-8(2)(a)(i).
120          (5) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
121     after trial, a plea of guilty, or a plea of nolo contendere.
122          (6) "Criminal protective order" means the same as that term is defined in Section
123     78B-7-102.
124          (7) "Criminal stalking injunction" means the same as that term is defined in Section
125     78B-7-102.
126          (8) "Department" means the Department of Public Safety established in Section
127     53-1-103.
128          (9) "Drug possession offense" means an offense under:
129          (a) Subsection 58-37-8(2), except:
130          (i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of
131     marijuana;
132          (ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional
133     facility; or
134          (iii) driving with a controlled substance illegally in the person's body and negligently
135     causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah
136     2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
137          (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
138          (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
139          (d) any local ordinance which is substantially similar to any of the offenses described
140     in this Subsection (9).
141          (10) "Expunge" means to seal or otherwise restrict access to the individual's record
142     held by an agency when the record includes a criminal investigation, detention, arrest, or
143     conviction.
144          (11) "Jurisdiction" means a state, district, province, political subdivision, territory, or
145     possession of the United States or any foreign country.
146          (12) (a) [Except as provided in Subsection (12)(c), "minor regulatory offense" means]
147     "Minor regulatory offense" means, except as provided in Subsection (12)(c), a class B or C
148     misdemeanor offense or a local ordinance.
149          (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
150     76-10-105.
151          (c) "Minor regulatory offense" does not include:
152          (i) any drug possession offense;
153          (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
154     Reckless Driving;
155          (iii) an offense under Sections 73-18-13 through 73-18-13.6;
156          (iv) except as provided in Subsection (12)(b), an offense under Title 76, Utah Criminal
157     Code; or
158          (v) any local ordinance that is substantially similar to an offense listed in Subsections
159     (12)(c)(i) through (iv).
160          (13) "Petitioner" means an individual applying for expungement under this chapter.
161          (14) "Plea in abeyance" means the same as that term is defined in Section 77-2a-1.
162          [(14)] (15) (a) "Traffic offense" means, except as provided in Subsection (15)(b):
163          (i) [all infractions, class B misdemeanors, and class C misdemeanors in] an infraction,
164     a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a,
165     Traffic Code;
166          (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
167     under Title 53, Chapter 3, Part 2, Driver Licensing Act;
168          (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
169     under Title 73, Chapter 18, State Boating Act; and
170          (iv) all local ordinances that are substantially similar to an offense listed in Subsections
171     [(14)(a)(i)] (15)(a)(i) through (iii).
172          (b) "Traffic offense" does not mean:
173          (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
174     Reckless Driving;
175          (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
176          (iii) any local ordinance that is substantially similar to an offense listed in Subsection
177     [(14)(b)(i)] (15)(b)(i) or (ii).
178          [(15)] (16) "Traffic offense case" means that each offense in the case is a traffic
179     offense.
180          Section 2. Section 77-40a-104 is amended to read:
181          77-40a-104. Department rulemaking authority.
182          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
183     department may make rules to:
184          (1) implement procedures for processing an automatic expungement;
185          (2) implement procedures for applying for certificates of eligibility;
186          (3) specify procedures for receiving a certificate of eligibility; [and]
187          (4) create forms and determine information necessary to be provided to the bureau[.];
188     and
189          (5) implement procedures for the confirmation of an expungement under Subsection
190     77-40a-403(2).
191          Section 3. Section 77-40a-302 is amended to read:
192          77-40a-302. Requirements for certificate of eligibility to expunge records of
193     arrest, investigation, and detention.
194          [An individual who is arrested or formally charged with an offense is eligible to receive
195     a certificate of eligibility from the bureau to expunge the records of arrest, investigation, and
196     detention that may have been made in the case if:]
197          [(1) at least 30 days have passed since the day of the arrest for which a certificate of
198     eligibility is sought;]
199          [(2) there are no criminal proceedings or pleas in abeyance pending against the
200     individual;]
201          [(3) the individual is not currently on probation or parole;]
202          [(4) there is not a criminal protective order or a criminal stalking injunction in effect
203     for the case;]
204          [(5) there are no convictions in the case for a traffic offense; and]
205          [(6) one of the following occurs:]
206          [(a) charges are screened by the investigating law enforcement agency and the
207     prosecuting attorney makes a final determination that no charges will be filed in the case;]
208          [(b) (i) all charges contained in the case are dismissed; and]
209          [(ii) if any charge contained in the case is dismissed without prejudice or without
210     condition:]
211          [(A) the prosecuting attorney consents in writing to the issuance of a certificate of
212     eligibility; or]
213          [(B) at least 180 days have passed since the day on which the charge is dismissed;]
214          [(c) the individual is acquitted at trial on all of the charges contained in the case; or]
215          [(d) the statute of limitations expires on all of the charges contained in the case.]
216          (1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an
217     offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to
218     expunge records of the arrest, investigation, and detention in the case for the offense if:
219          (a) at least 30 days have passed after the day on which the individual is arrested or
220     charged for the offense;
221          (b) one of the following occurs:
222          (i) an investigating law enforcement agency and the prosecuting attorney have screened
223     the case and determined that no charges will be filed against the petitioner;
224          (ii) all charges in the case are dismissed with prejudice;
225          (iii) if a charge in the case is dismissed without prejudice or without condition:
226          (A) the prosecuting attorney consents in writing to the issuance of a certificate of
227     eligibility; or
228          (B) at least 180 days have passed after the day on which the charge is dismissed;
229          (iv) the petitioner is acquitted at trial on all of the charges in the case; or
230          (v) the statute of limitations expires on all of the charges in the case; and
231          (c) (i) there is a conviction in the case for a traffic offense that is a class C
232     misdemeanor or an infraction, at least three years have passed after the day on which the
233     petitioner was convicted of the traffic offense; or
234          (ii) there is a conviction in the case for a traffic offense that is a class B misdemeanor,
235     at least four years have passed after the day on which the petitioner was convicted of the traffic
236     offense.
237          (2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
238          (a) there is a criminal proceeding for a misdemeanor or felony offense pending against
239     the petitioner, unless the criminal proceeding is for a traffic offense;
240          (b) there is a plea in abeyance for a misdemeanor or felony offense pending against the
241     petitioner, unless the plea in abeyance is for a traffic offense;
242          (c) the petitioner is currently incarcerated, on parole, or on probation, unless the
243     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
244     offense; or
245          (d) there is a criminal protective order or a criminal stalking injunction in effect for the
246     case.
247          Section 4. Section 77-40a-303 is amended to read:
248          77-40a-303. Requirements for a certificate of eligibility to expunge records of a
249     conviction.
250          (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
251     certificate of eligibility from the bureau to expunge the records of a conviction if:
252          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
253     conviction for which expungement is sought;
254          (b) the petitioner has paid in full all restitution ordered by the court under Section
255     77-38b-205; and
256          (c) the following time periods have passed after the day on which the petitioner was
257     convicted or released from incarceration, parole, or probation, whichever occurred last, for the
258     conviction that the petitioner seeks to expunge:
259          (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
260          (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
261     amount of a controlled substance in an individual's body and causing serious bodily injury or
262     death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
263     58-37-8(2)(g);
264          (iii) seven years for the conviction of a felony;
265          (iv) five years for the conviction of a drug possession offense that is a felony;
266          (v) five years for the conviction of a class A misdemeanor;
267          (vi) four years for the conviction of a class B misdemeanor; or
268          (vii) three years for the conviction of a class C misdemeanor or infraction.
269          [(1) Except as provided in Subsections (2) and (4), an individual]
270          (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
271     expunge the records of a conviction under Subsection (1) if:
272          (a) except as provided in Subsection (3), the conviction for which expungement is
273     sought is:
274          (i) a capital felony;
275          (ii) a first degree felony;
276          (iii) a felony conviction of a violent felony as defined in Subsection
277     76-3-203.5(1)(c)(i);
278          (iv) a felony conviction described in Subsection 41-6a-501(2);
279          (v) an offense, or a combination of offenses, that would require the individual to
280     register as a sex offender, as defined in Section 77-41-102; or
281          (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
282          (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
283     the petitioner, unless the criminal proceeding is for a traffic offense;
284          (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
285     petitioner, unless the plea in abeyance is for a traffic offense;
286          (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
287     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
288     offense;
289          [(b) a criminal proceeding or a plea in abeyance is pending against the petitioner;]
290          [(c) the petitioner is on probation or parole;]
291          [(d)] (e) the petitioner intentionally or knowingly provides false or misleading
292     information on the application for a certificate of eligibility; [or]
293          [(e)] (f) there is a criminal protective order or a criminal stalking injunction [is] in
294     effect for the case[.]; or
295          (g) the bureau determines that the petitioner's criminal history makes the petitioner
296     ineligible for a certificate of eligibility under Subsection (4) or (5).
297          (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
298     defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
299     offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
300     a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
301     Court.
302          [(2) The eligibility limitation described in Subsection (1) does not apply in relation to a
303     conviction for a qualifying sexual offense, as defined in Subsection 76-3-209(1), if, at the time
304     of the offense, the individual who committed the offense was at least 14 years old, but under 18
305     years old, unless the conviction occurred in district court after the individual was:]
306          [(a) charged by criminal information under Section 80-6-502 or 80-6-503; and]
307          [(b) bound over to district court under Section 80-6-504.]
308          [(3) A petitioner seeking to obtain expungement for a record of conviction is not
309     eligible to receive a certificate of eligibility from the bureau until all of the following have
310     occurred:]
311          [(a) the petitioner has paid in full all fines and interest ordered by the court related to
312     the conviction for which expungement is sought;]
313          [(b) the petitioner has paid in full all restitution ordered by the court under Section
314     77-38b-205; and]
315          [(c) the following time periods have elapsed from the date the petitioner was convicted
316     or released from incarceration, parole, or probation, whichever occurred last, for each
317     conviction the petitioner seeks to expunge:]
318          [(i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a
319     felony conviction of operating a motor vehicle with any amount of a controlled substance in an
320     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
321     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);]
322          [(ii) seven years in the case of a felony;]
323          [(iii) five years in the case of any class A misdemeanor or a felony drug possession
324     offense;]
325          [(iv) four years in the case of a class B misdemeanor; or]
326          [(v) three years in the case of any other misdemeanor or infraction.]
327          [(4) When determining whether to issue a certificate of eligibility for a conviction, the
328     bureau may not consider:]
329          [(a) a petitioner's pending or previous:]
330          [(i) infraction;]
331          [(ii) traffic offense;]
332          [(iii) minor regulatory offense; or]
333          [(iv) clean slate eligible case that was automatically expunged in accordance with
334     Section 77-40a-201; or]
335          [(b) a fine or fee related to an offense described in Subsection (4)(a).]
336          [(5) Except as provided in Subsection (8), the bureau may not issue a certificate of
337     eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility,]
338          (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
339     certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
340     bureau determines that the petitioner's criminal history, including previously expunged
341     convictions, contains any of the following:
342          (a) two or more felony convictions other than for drug possession offenses, each of
343     which is contained in a separate criminal episode;
344          (b) any combination of three or more convictions other than for drug possession
345     offenses that include two class A misdemeanor convictions, each of which is contained in a
346     separate criminal episode;
347          (c) any combination of four or more convictions other than for drug possession
348     offenses that include three class B misdemeanor convictions, each of which is contained in a
349     separate criminal episode; or
350          (d) five or more convictions other than for drug possession offenses of any degree
351     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
352          [(6) Except as provided in Subsection (8), the bureau may not issue a certificate of
353     eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility,]
354          (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
355     of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
356     determines that the petitioner's criminal history, including previously expunged convictions,
357     contains any of the following:
358          (a) three or more felony convictions for drug possession offenses, each of which is
359     contained in a separate criminal episode; or
360          (b) any combination of five or more convictions for drug possession offenses, each of
361     which is contained in a separate criminal episode.
362          [(7)] (6) If the petitioner's criminal history contains convictions for both a drug
363     possession offense and a non-drug possession offense arising from the same criminal episode,
364     [that criminal episode shall be counted as provided in Subsection (5)] the bureau shall count
365     that criminal episode as a conviction under Subsection (4) if any non-drug possession offense
366     in that episode:
367          (a) is a felony or class A misdemeanor; or
368          (b) has the same or a longer waiting period under Subsection [(3)] (1)(c) than any drug
369     possession offense in that episode.
370          [(8) If at least 10 years have elapsed from the date]
371          (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
372     on which the petitioner was convicted or released from incarceration, parole, or probation,
373     whichever occurred last, for all convictions:
374          (a) each numerical eligibility limit [defined in Subsections (5)(a) and (b)] under
375     Subsections (4)(a) and (b) shall be increased by one; and
376          (b) each numerical eligibility limit [defined in Subsections (5)(c), (5)(d), and (6) are
377     not applicable and the bureau may issue a certificate of eligibility if:] under Subsections (4)(c)
378     and (d) is not applicable if the highest level of convicted offense in the criminal episode is:
379          [(i) the individual is otherwise eligible; and]
380          [(ii) the highest convicted offense in the criminal episode for each conviction is:]
381          [(A)] (i) a class B misdemeanor;
382          [(B)] (ii) a class C misdemeanor;
383          [(C)] (iii) a drug possession offense if none of the non-drug possession offenses in the
384     criminal episode are a felony or a class A misdemeanor; or
385          [(D)] (iv) an infraction.
386          (8) When determining whether a petitioner is eligible for a certificate of eligibility
387     under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
388     prior conviction for:
389          (a) an infraction;
390          (b) a traffic offense;
391          (c) a minor regulatory offense; or
392          (d) a clean slate eligible case that was automatically expunged in accordance with
393     Section 77-40a-201.
394          (9) [If, prior to May 14, 2013, the petitioner has received a pardon] If the petitioner
395     received a pardon before May 14, 2013, from the Utah Board of Pardons and Parole, the
396     petitioner is entitled to an expungement order for all pardoned crimes in accordance with
397     Section 77-27-5.1.
398          Section 5. Section 77-40a-304 is amended to read:
399          77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
400          (1) (a) When a petitioner applies for a certificate of eligibility as described in
401     Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental
402     agencies, including national criminal data bases, to determine whether the petitioner is eligible
403     to receive a certificate of eligibility under this chapter.
404          (b) For purposes of determining eligibility under this chapter, the bureau may review
405     records of arrest, investigation, detention, and conviction that have been previously expunged,
406     regardless of the jurisdiction in which the expungement occurred.
407          (c) Once the eligibility process is complete, the bureau shall notify the petitioner.
408          (d) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303:
409          (i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
410     from the day on which the certificate is issued;
411          (ii) the bureau shall provide a petitioner with an identification number for the
412     certificate of eligibility; and
413          (iii) the petitioner shall pay the issuance fee established by the department as described
414     in Subsection (2).
415          (e) If, after reasonable research, a disposition for an arrest on the criminal history file is
416     unobtainable, the bureau may issue a special certificate giving determination of eligibility to
417     the court [if:], except that the bureau may not issue the special certificate if:
418          [(i) there are no criminal proceedings or pleas in abeyance pending against the
419     petitioner; and]
420          [(ii) the petitioner is not currently on probation or parole.]
421          (i) there is a criminal proceeding for a misdemeanor or felony offense pending against
422     the petitioner, unless the criminal proceeding is for a traffic offense;
423          (ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
424     petitioner, unless the plea in abeyance is for a traffic offense; or
425          (iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
426     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
427     offense.
428          (2) (a) The bureau shall charge application and issuance fees for a certificate of
429     eligibility or special certificate in accordance with the process in Section 63J-1-504.
430          (b) The application fee shall be paid at the time the petitioner submits an application
431     for a certificate of eligibility to the bureau.
432          (c) If the bureau determines that the issuance of a certificate of eligibility or special
433     certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
434     certificate of eligibility or special certificate unless Subsection (2)(d) applies.
435          (d) An issuance fee may not be assessed against a petitioner who qualifies for a
436     certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant
437     to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion
438     agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
439          (e) Funds generated under this Subsection (2) shall be deposited in the General Fund as
440     a dedicated credit by the department to cover the costs incurred in determining eligibility.
441          (3) The bureau shall include on the certificate of eligibility all information that is
442     needed for the court to issue a valid expungement order.
443          (4) The bureau shall provide clear written instructions to the petitioner that explain:
444          (a) the process for a petition for expungement; and
445          (b) what is required of the petitioner to complete the process for a petition for
446     expungement.
447          (5) (a) The requirement for a petitioner to pay an issuance fee for a certificate of
448     eligibility or a special certificate of eligibility under Subsection (2) is suspended from May 4,
449     2022, to June 30, 2023.
450          (b) The bureau may not charge a fee for the issuance of a certificate of eligibility or a
451     special certificate of eligibility during the time period described in Subsection (5)(a).
452          Section 6. Section 77-40a-305 is amended to read:
453          77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing.
454          (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
455     Rules of Criminal Procedure, that includes the identification number for the certificate of
456     eligibility described in Subsection 77-40a-304(1)(d)(ii).
457          (b) Information on a certificate of eligibility is incorporated into a petition by reference
458     to the identification number for the certificate of eligibility.
459          (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
460     obtain a certificate of eligibility from the bureau.
461          (b) A court may not accept a petition for expungement if the certificate of eligibility is
462     no longer valid as described in Subsection 77-40a-304(1)(d)(i).
463          (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
464     of a traffic [conviction] offense case without obtaining a certificate of eligibility if:
465          (a) (i) for a traffic offense case with a class C misdemeanor or infraction, at least three
466     years have [elapsed from] passed after the day on which the petitioner was convicted; or
467          (ii) for a traffic offense case with a class B misdemeanor, at least four years have
468     [elapsed from] passed after the day on which the petitioner was convicted[; and];
469          (b) there is no traffic offense case pending against the petitioner;
470          (c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
471     and
472          (d) the petitioner is not currently on probation for a traffic offense case.
473          [(b) all convictions in the case for the traffic conviction are for traffic offenses.]
474          (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
475     a record for a conviction related to cannabis possession without a certificate of eligibility if the
476     petition demonstrates that:
477          (a) the petitioner had, at the time of the relevant arrest or citation leading to the
478     conviction, a qualifying condition, as that term is defined in Section 26-61a-102; and
479          (b) the possession of cannabis in question was in a form and an amount to medicinally
480     treat the qualifying condition described in Subsection (4)(a).
481          (5) (a) The court shall provide notice of a filing of a petition and certificate of
482     eligibility to the prosecutorial office that handled the court proceedings within three days after
483     the day on which the petitioner's filing fee is paid or waived.
484          (b) If there were no court proceedings, the court shall provide notice of a filing of a
485     petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
486     arrest occurred.
487          (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
488     or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
489     the arrest occurred shall immediately notify the city attorney's office that the county attorney's
490     office has received a notice of a filing of a petition for expungement.
491          (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
492     or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
493     make a reasonable effort to provide notice to any victim of the conviction or charge.
494          (b) The notice under Subsection (6)(a) shall:
495          (i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
496     to the petition;
497          (ii) state that the victim has a right to object to the expungement; and
498          (iii) provide instructions for registering an objection with the court.
499          (7) (a) The prosecuting attorney [and the victim, if applicable,] may respond to the
500     petition by filing a recommendation or objection with the court within 35 days after the day on
501     which the notice of the filing of the petition is sent by the court to the prosecuting attorney.
502          (b) If there is a victim of the offense for which expungement is sought, the victim may
503     respond to the petition by filing a recommendation or objection with the court within 60 days
504     after the day on which the petition for expungement was filed with the court.
505          (8) (a) The court may request a written response to the petition from the Division of
506     Adult Probation and Parole within the Department of Corrections.
507          (b) If requested, the response prepared by the Division of Adult Probation and Parole
508     shall include:
509          (i) the reasons probation was terminated; and
510          (ii) certification that the petitioner has completed all requirements of sentencing and
511     probation or parole.
512          (c) The Division of Adult Probation and Parole shall provide a copy of the response to
513     the petitioner and the prosecuting attorney.
514          (9) The petitioner may respond in writing to any objections filed by the prosecuting
515     attorney or the victim and the response prepared by the Division of Adult Probation and Parole
516     within 14 days after the day on which the objection or response is received.
517          (10) (a) If the court receives an objection concerning the petition from any party, the
518     court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
519     date set for the hearing.
520          (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
521          (c) The petitioner, the prosecuting attorney, the victim, and any other person who has
522     relevant information about the petitioner may testify at the hearing.
523          (d) The court shall review the petition, the certificate of eligibility, and any written
524     responses submitted regarding the petition.
525          (11) If no objection is received within 60 days from the day on which the petition for
526     expungement is filed with the court, the expungement may be granted without a hearing.
527          Section 7. Section 77-40a-401 is amended to read:
528          77-40a-401. Distribution of order -- Redaction -- Receipt of order -- Bureau
529     requirements -- Administrative proceedings.
530          (1) (a) The bureau, upon receiving notice from the court, shall notify all criminal
531     justice agencies affected by the expungement order.
532          (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
533     and Parole of an expungement order if the individual has never been:
534          (i) sentenced to prison in this state; or
535          (ii) under the jurisdiction of the Board of Pardons and Parole.
536          (c) A petitioner may deliver copies of the expungement to all criminal justice agencies
537     affected by the order of expungement.
538          (d) An individual, who receives an expungement order under Section 77-27-5.1, shall
539     pay a processing fee to the bureau, established in accordance with the process in Section
540     63J-1-504, before the bureau's record may be expunged.
541          (2) Unless otherwise provided by law or ordered by a court to respond differently, an
542     individual or agency who has received an expungement of an arrest or conviction under this
543     chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did
544     not occur.
545          (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of
546     Investigation.
547          (4) An agency receiving an expungement order shall expunge the individual's
548     identifying information contained in records in the agency's possession relating to the incident
549     for which expungement is ordered.
550          (5) Unless ordered by a court to do so, or in accordance with [Subsection
551     77-40a-403(2)] Section 77-40a-403, a government agency or official may not divulge
552     information or records that have been expunged.
553          (6) (a) An expungement order may not restrict an agency's use or dissemination of
554     records in the agency's ordinary course of business until the agency has received a copy of the
555     order.
556          (b) Any action taken by an agency after issuance of the order but prior to the agency's
557     receipt of a copy of the order may not be invalidated by the order.
558          (7) An expungement order may not:
559          (a) terminate or invalidate any pending administrative proceedings or actions of which
560     the individual had notice according to the records of the administrative body prior to issuance
561     of the expungement order;
562          (b) affect the enforcement of any order or findings issued by an administrative body
563     pursuant to the administrative body's lawful authority prior to issuance of the expungement
564     order;
565          (c) remove any evidence relating to the individual including records of arrest, which
566     the administrative body has used or may use in these proceedings; or
567          (d) prevent an agency from maintaining, sharing, or distributing any record required by
568     law.
569          Section 8. Section 77-40a-402 is amended to read:
570          77-40a-402. Distribution for order for vacatur.
571          (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
572     shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice
573     agencies and officials.
574          (2) To complete delivery of the order for vacatur to the bureau, the individual shall
575     complete and attach to the order for vacatur an application for a certificate of eligibility for
576     expungement, including identifying information and fingerprints, in accordance with Section
577     77-40a-301.
578          (3) Except as otherwise provided in this section, the bureau shall treat the order for
579     vacatur and attached certificate of eligibility for expungement the same as a valid order for
580     expungement under Section 77-40a-401.
581          (4) Unless otherwise provided by law or ordered by a court to respond differently, an
582     individual who has received a vacatur of conviction under [Section] Subsection 78B-9-108(2)
583     may respond to any inquiry as though the conviction did not occur.
584          (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
585     Investigation.
586          (6) An agency receiving an order for vacatur shall expunge the individual's identifying
587     information contained in records in the agency's possession relating to the incident for which
588     vacatur is ordered.
589          (7) A government agency or official may not divulge information contained in a record
590     of arrest, investigation, detention, or conviction after receiving an order for vacatur to any
591     person or agency, except for:
592          (a) the individual for whom vacatur was ordered; or
593          (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and
594     Subsection [77-40a-403(2)(b)(ii)] 77-40a-403(4)(b).
595          (8) The bureau may not count vacated convictions against any future expungement
596     eligibility.
597          Section 9. Section 77-40a-403 is amended to read:
598          77-40a-403. Retention and release of expunged records -- Agencies.
599          (1) (a) The bureau, after receiving an expungement order, shall keep, index, and
600     maintain all expunged records of arrests and convictions.
601          (b) Any agency, other than the bureau, receiving an expungement order shall develop
602     and implement a process to identify and maintain an expunged record.
603          (2) (a) An agency shall provide an individual who receives an expungement with
604     written confirmation that the agency has expunged all records of the offense for which the
605     individual received the expungement if the individual requests confirmation from the agency.
606          (b) The bureau may charge a fee for providing a written confirmation under Subsection
607     (2)(a) in accordance with the process in Section 63J-1-504.
608          [(2)] (3) [(a) (i)] (a) An employee of the bureau, or any agency with an expunged
609     record, may not divulge any information contained in the expunged record to any person or
610     agency without a court order unless:
611          [(A)] (i) specifically authorized by statute; or
612          [(B)] (ii) subject to Subsection [(2)(a)(ii)] (3)(b), the information in an expunged
613     record is being shared with another agency through a records management system that both
614     agencies use for the purpose of record management.
615          [(ii)] (b) An agency with a records management system may not disclose any
616     information in an expunged record with another agency or person that does not use the records
617     management system for the purpose of record management.
618          [(b)] (4) The following entities or agencies may receive information contained in
619     expunged records upon specific request:
620          [(i)] (a) the Board of Pardons and Parole;
621          [(ii)] (b) Peace Officer Standards and Training;
622          [(iii)] (c) federal authorities if required by federal law;
623          [(iv) the Department of Commerce;]
624          [(v) the Department of Insurance;]
625          [(vi)] (d) the State Board of Education;
626          [(vii)] (e) the Commission on Criminal and Juvenile Justice, for purposes of
627     investigating applicants for judicial office; and
628          [(viii)] (f) a research institution or an agency engaged in research regarding the
629     criminal justice system if:
630          [(A)] (i) the research institution or agency provides a legitimate research purpose for
631     gathering information from the expunged records;
632          [(B)] (ii) the research institution or agency enters into a data sharing agreement with
633     the court or agency with custody of the expunged records that protects the confidentiality of
634     any identifying information in the expunged records;
635          [(C)] (iii) any research using expunged records does not include any individual's name
636     or identifying information in any product of that research; and
637          [(D)] (iv) any product resulting from research using expunged records includes a
638     disclosure that expunged records were used for research purposes.
639          [(c)] (5) Except as otherwise provided by this [Subsection (2)] section or by court
640     order, a person, an agency, or an entity authorized by this [Subsection (2)] section to view
641     expunged records may not reveal or release any information obtained from the expunged
642     records to anyone outside the specific request, including distribution on a public website.
643          [(d)] (6) A prosecuting attorney may communicate with another prosecuting attorney,
644     or another prosecutorial agency, regarding information in an expunged record that includes a
645     conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
646     agreement, for:
647          [(i)] (a) stalking as described in Section 76-5-106.5;
648          [(ii)] (b) a domestic violence offense as defined in Section 77-36-1;
649          [(iii)] (c) an offense that would require the individual to register as a sex offender, as
650     defined in Section 77-41-102; or
651          [(iv)] (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
652          [(e)] (7) Except as provided in Subsection [(4)] (9), a prosecuting attorney may not use
653     an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
654     individual with an offense that requires a prior conviction.
655          [(3)] (8) The bureau may also use the information in the bureau's index as provided in
656     Section 53-5-704.
657          [(4)] (9) If, after obtaining an expungement, an individual is charged with a felony or
658     an offense eligible for enhancement based on a prior conviction, the state may petition the court
659     to open the expunged records upon a showing of good cause.
660          [(5)] (10) (a) For judicial sentencing, a court may order any records expunged under
661     this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
662          (b) The records are confidential and are available for inspection only by the court,
663     parties, counsel for the parties, and any other person who is authorized by the court to inspect
664     them.
665          (c) At the end of the action or proceeding, the court shall order the records expunged
666     again.
667          (d) Any person authorized by this Subsection [(5)] (10) to view expunged records may
668     not reveal or release any information obtained from the expunged records to anyone outside the
669     court.
670          [(6)] (11) Records released under this chapter are classified as protected under Section
671     63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
672     Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
673          Section 10. Section 77-40a-404 is amended to read:
674          77-40a-404. Confirmation of expungement -- Access to expunged records by
675     individuals.
676          [A record expunged under this chapter or Section 77-27-5.1 may be released to or
677     viewed by:]
678          (1) An individual who receives an expungement may request a written confirmation
679     from an agency under Subsection 77-40a-403(2) to confirm that the agency has expunged all
680     records of the offense for which the individual received the expungement.
681          (2) The following individuals may view or obtain an expunged record under this
682     chapter or Section 77-27-5.1:
683          [(1)] (a) the petitioner or an individual who receives an automatic expungement under
684     Section 77-40a-201;
685          [(2)] (b) a law enforcement officer, who was involved in the case, for use solely in the
686     officer's defense of a civil action arising out of the officer's involvement with the petitioner in
687     that particular case; and
688          [(3)] (c) [parties] a party to a civil action arising out of the expunged incident if the
689     information is kept confidential and utilized only in the action.
690          Section 11. Section 78B-7-1003 is amended to read:
691          78B-7-1003. Requirements for expungement of protective order or stalking
692     injunction.
693          (1) (a) An individual against whom a civil order is sought may petition the court to
694     expunge records of the civil order.
695          (b) A petition under Subsection (1)(a) shall be filed in accordance with the Utah Rules
696     of Civil Procedure.
697          (2) (a) The petitioner shall provide notice to the individual whom filed the civil order
698     against the petitioner in accordance with Rule 4 of the Utah Rules of Civil Procedure.
699          (b) The individual who filed the civil order against the petitioner:
700          (i) may file a written objection with the court within 30 days after the day on which the
701     petition is received by the individual; and
702          (ii) if the individual files a written objection, provide a copy of the written objection to
703     the petitioner.
704          (c) If the court receives a written objection to the petition for expungement of a civil
705     order, the court shall:
706          (i) set a date for a hearing on the petition;
707          (ii) provide notice at least 30 days before the day on which the hearing is held to:
708          (A) all parties of the civil order; and
709          (B) any other person or agency that the court has reason to believe may have relevant
710     information related to the expungement of the civil order.
711          (d) The petitioner may respond, in writing, to any written objection within 14 days after
712     the day on which the written objection is received by the court.
713          (3) If no written objection is received within 60 days from the day on which the
714     petition for expungement is filed under Subsection (1), the court may grant the expungement in
715     accordance with Subsection (4) or (5) without a hearing.
716          (4) A court may expunge an ex parte civil protective order or an ex parte civil stalking
717     injunction if:
718          (a) the ex parte civil protective order or the ex parte civil stalking injunction was issued
719     but:
720          (i) the ex parte civil protective order or the ex parte civil stalking injunction is
721     dismissed, dissolved, or expired upon a hearing by the court;
722          (ii) the court did not issue a civil protective order or a civil stalking injunction on the
723     same circumstances for which the ex parte civil protective order or the ex parte civil stalking
724     injunction was issued;
725          (iii) at least 30 days have passed from the day on which the ex parte civil protective
726     order or the ex parte civil stalking injunction was issued;
727          (iv) the petitioner has not been arrested, charged, or convicted for violating the ex parte
728     civil protective order or ex parte civil stalking injunction; and
729          (v) there are no criminal proceedings pending against the petitioner in the state; or
730          (b) (i) the individual who filed the ex parte civil protective order or the ex parte civil
731     stalking injunction failed to appear for the hearing on the ex parte civil protective order or ex
732     parte civil stalking injunction;
733          (ii) at least 30 days have passed from the day on which the hearing on the ex parte civil
734     protective order or the ex parte civil stalking injunction was set to occur, including any
735     continuance, postponement, or rescheduling of the hearing;
736          (iii) the petitioner has not been arrested, charged, or convicted for violating the ex parte
737     civil protective order or ex parte civil stalking injunction; and
738          (iv) there are no criminal proceedings pending against the petitioner in the state.
739          (5) A court may expunge a civil protective order or a civil stalking injunction if:
740          (a) the civil protective order or the civil stalking injunction has been dismissed,
741     dissolved, vacated, or expired;
742          (b) three years have passed from the day on which the civil protective order or the civil
743     stalking injunction is dismissed, dissolved, vacated, or expired;
744          (c) the petitioner has not been arrested, charged, or convicted for violating the civil
745     protective order or the civil stalking injunction; and
746          (d) there are no criminal proceedings pending against the petitioner in the state.