Utah § 40a-105 - Eligibility for removing the link between personal identifying information and court case dismissed.

Full text of Utah Utah Code § 40a-105 — Eligibility for removing the link between personal identifying information and court case dismissed., with citation guidance and answers to common questions.

§ 40a-105. Eligibility for removing the link between personal identifying information and court case dismissed.

Effective 5/1/2024
77-40a-105.  Eligibility for removing the link between personal identifying information and court case dismissed.
(1)As used in this section:
(a)"Domestic violence offense" means the same as that term is defined in Section 77-36-1.
(b)"Personal identifying information" means:
(i)a current name, former name, nickname, or alias; and
(ii)date of birth.
(2)
(a)An individual whose criminal case is dismissed may move the court for an order to remove the link between the individual's personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts.
(b)If a motion is filed under Subsection (2)(a), the court shall grant the motion if:
(i)30 days have passed from the day on which the case is dismissed ;
(ii)no appeal is filed for the dismissed case within the 30-day period described in Subsection (2)(b)(i); and
(iii)no charge in the case was a domestic violence offense.
(3)Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
(4)A case history, unless expunged under this chapter, remains public and accessible through a search by case number.


Amended by Chapter 194, 2024 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 40a-105

What does Utah Code § 40a-105 cover?

Section 40a-105 ("Eligibility for removing the link between personal identifying information and court case dismissed.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 40a-105?

A common citation format is "Utah Code § 40a-105" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 40a-105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.