Utah statute
Utah Code Ann. § 77-40a-302 — Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
Current through 2026 General Session
Part of Part 3: Petition for Expungement, Utah Code.
Full text of Utah Code Ann. § 77-40a-302
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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: (1)(a) the following time periods have passed: (1)(a)(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense; (1)(a)(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 (1)(a)(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 (1)(b) one of the following occurs: (1)(b)(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; (1)(b)(ii) all charges in the case are dismissed with prejudice; (1)(b)(iii) if a charge in the case is dismissed without prejudice or without condition: (1)(b)(iii)(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or (1)(b)(iii)(B) at least 180 days have passed after the day on which the charge is dismissed; (1)(b)(iv) the petitioner is acquitted at trial on all of the charges in the case; or (1)(b)(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: (2)(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; (2)(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; (2)(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 (2)(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.
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