Utah § 40a-302 - Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
Full text of Utah Utah Code § 40a-302 — Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention., with citation guidance and answers to common questions.
§ 40a-302. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
Effective 10/1/2024 77-40a-302.
Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
(1)
Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:
(a)
the following time periods have passed:
(i)
at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;
(ii)
at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and
(iii)
at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and
(b)
one of the following occurs:
(i)
an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;
(ii)
all charges in the case are dismissed with prejudice;
(iii)
if a charge in the case is dismissed without prejudice or without condition:
(A)
the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or
(B)
at least 180 days have passed after the day on which the charge is dismissed;
(iv)
the petitioner is acquitted at trial on all of the charges in the case; or
(v)
the statute of limitations expires on all of the charges in the case.
(2)
A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
(a)
there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;
(b)
there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;
(c)
the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or
(d)
there is a criminal protective order or a criminal stalking injunction in effect for the case.
Section 40a-302 ("Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.") 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-302?
A common citation format is "Utah Code § 40a-302" (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-302 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.
