2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 40a - Expungement › Part 3 - Petition for Expungement › Section 304 - Certificate of eligibility process -- Issuance of certificate -- Fees.

Effective 7/1/2023
77-40a-304.
Certificate of eligibility process -- Issuance of certificate -- Fees.
(1)
(a) When a petitioner applies for a certificate of eligibility as described in Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner is eligible to receive a certificate of eligibility under this chapter.
(b) For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention, and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred.
(c) Once the eligibility process is complete, the bureau shall notify the petitioner.
(d) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303:
(i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days from the day on which the certificate is issued;
(ii) the bureau shall provide a petitioner with an identification number for the certificate of eligibility; and
(iii) the petitioner shall pay the issuance fee established by the department as described in Subsection (2).
(e) If, after reasonable research, a disposition for an arrest on the criminal history file is unobtainable, the bureau may issue a special certificate giving determination of eligibility to the court, except that the bureau may not issue the special certificate if:
(i) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;
(ii) 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; or
(iii) 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.
(2)
(a) The bureau shall charge application and issuance fees for a certificate of eligibility or special certificate in accordance with the process in Section 63J-1-504.
(b) The application fee shall be paid at the time the petitioner submits an application for a certificate of eligibility to the bureau.
(c) If the bureau determines that the issuance of a certificate of eligibility or special certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a certificate of eligibility or special certificate unless Subsection (2)(d) applies.
(d) An issuance fee may not be assessed against a petitioner who qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
(e) Funds generated under this Subsection (2) shall be deposited in the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility.
(3) The bureau shall include on the certificate of eligibility all information that is needed for the court to issue a valid expungement order.
(4) The bureau shall provide clear written instructions to the petitioner that explain:
(a) the process for a petition for expungement; and
(b) what is required of the petitioner to complete the process for a petition for expungement.
Amended by Chapter 265, 2023 General Session