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Utah Arrest Expungement Utah Annotated Code Section 77-40-104 Utah Flag

§ 77-40-104. Eligibility for expungement of records of arrest, investigation, and detention -- Requirements

(1) A person who has been arrested with or without a warrant may apply to the bureau for a certificate of eligibility to expunge all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:

(a) at least 30 days have passed since the arrest for which a certificate of eligibility is sought;

(b) there have been no intervening arrests; and

(c) one of the following occurred:

  (i) charges were screened by the investigating law enforcement agency and the prosecutor has made a final determination that no charges will be filed;

  (ii) the action against the person was dismissed with prejudice;

  (iii) the person was acquitted at trial; or

  (iv) the statute of limitations has expired on the offense.

(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.

Date Verified: 8/4/2010

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