{"data":{"id":"us-ut/utah-code-77-40a-302","jurisdiction":"us-ut","citation":"Utah Code § 77-40a-302","heading":"Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.","body":"(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:\n(a) the following time periods have passed:\n(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;\n(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\n(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\n(b) one of the following occurs:\n(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;\n(ii) all charges in the case are dismissed with prejudice;\n(iii) if a charge in the case is dismissed without prejudice or without condition:\n(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or\n(B) at least 180 days have passed after the day on which the charge is dismissed;\n(iv) the petitioner is acquitted at trial on all of the charges in the case; or\n(v) the statute of limitations expires on all of the charges in the case.\n(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:\n(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;\n(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;\n(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\n(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.","path":["Title 77 Criminal Procedure","Chapter 77-40a Expungement of Criminal Records","Part 77-40a-3 Petition for Expungement"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter40a/77-40a-S302.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"63f015a3af27d806ecde2d3d8a06db6df82bc882cb7ed33c446a582cb429e0c3","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-40a-301","next":"us-ut/utah-code-77-40a-303"},"notice":"GroundRules: Original legal text. Not legal advice."}