Utah § 40a-402 - Distribution for order for vacatur.
Full text of Utah Utah Code § 40a-402 — Distribution for order for vacatur., with citation guidance and answers to common questions.
§ 40a-402. Distribution for order for vacatur.
Effective 10/1/2024 77-40a-402.
Distribution for order for vacatur.
(1)
An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected agencies.
(2)
To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301.
(3)
Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401.
(4)
Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
(5)
The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
(6)
An agency receiving an order for vacatur shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which vacatur is ordered.
(7)
An agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:
(a)
the individual for whom vacatur was ordered; or
(b)
Peace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-40a-403(2)(b).
(8)
The bureau may not count vacated convictions against any future expungement eligibility.
Section 40a-402 ("Distribution for order for vacatur.") 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-402?
A common citation format is "Utah Code § 40a-402" (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-402 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.
