(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:
- (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and
- (b) the case is eligible for expungement under this section.
(2) Except as provided in Subsection (3), a case is eligible for expungement under this section if:
(a)
- (i) the case resulted in an acquittal on all charges; and
- (ii) at least 60 days have passed after the day on which the case resulted in an acquittal; or
(b)
- (i) the case is dismissed with prejudice; and
(ii) at least 180 days have passed after the day on which:
- (A) for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or
- (B) for a case in which an appeal was filed, a court issues a final nonappealable order.
(3) A case is not eligible for expungement under Subsection (2) if:
- (a) the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or
- (b) the case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).
(4) If a court issues an order of expungement under Subsection (1), the court shall:
- (a) expunge all records of the case held by the court as described in Section 77-40a-401; and
- (b) notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.
Enacted by Chapter 180, 2024 General Session