Utah § 40a-206 - Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

Full text of Utah Utah Code § 40a-206 — Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice., with citation guidance and answers to common questions.

§ 40a-206. Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

Effective 10/1/2024
77-40a-206.  Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.
(1)A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:
(a)on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and
(b)the case is eligible for expungement under this section.
(2)Except as provided in Subsection (3), a case is eligible for expungement under this section if:
(a)
(i)the case resulted in an acquittal on all charges; and
(ii)at least 60 days have passed after the day on which the case resulted in an acquittal; or
(b)
(i)the case is dismissed with prejudice; and
(ii)at least 180 days have passed after the day on which:
(A)for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or
(B)for a case in which an appeal was filed, a court issues a final nonappealable order.
(3)A case is not eligible for expungement under Subsection (2) if:
(a)the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or
(b)the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).
(4)If a court issues an order of expungement under Subsection (1), the court shall:
(a)expunge all records of the case held by the court as described in Section 77-40a-401; and
(b)notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.


Enacted by Chapter 180, 2024 General Session

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

Related Utah Legal Topics

Frequently Asked Questions About Utah § 40a-206

What does Utah Code § 40a-206 cover?

Section 40a-206 ("Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.") 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-206?

A common citation format is "Utah Code § 40a-206" (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-206 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.