Title 77 - Utah Code of Criminal Procedure - Chapter 40 - Utah Expungement Act - Section 108.5 - Distribution for order for vacatur.


Published: 2020-05-01

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Utah Code

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Effective 5/1/2020 77-40-108.5 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 criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.

(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, as provided in Subsection 77-40-103(1).

(3) 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 77-40-108, except as provided in this section.

(4) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received a vacatur of conviction under Section 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) A government 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, pursuant to Section 53-6-203 and Subsection

77-40-109(2)(b)(ii). (8) The bureau may not count vacated convictions against any future expungement eligibility.

Amended by Chapter 448, 2019 General Session