1. (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. (i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;
      2. (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
      3. (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

   2. (b) one of the following occurs:

      1. (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;
      2. (ii) all charges in the case are dismissed with prejudice;

      3. (iii) if a charge in the case is dismissed without prejudice or without condition:

         1. (A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or
         2. (B) at least 180 days have passed after the day on which the charge is dismissed;
      4. (iv) the petitioner is acquitted at trial on all of the charges in the case; or
      5. (v) the statute of limitations expires on all of the charges in the case.

2. (2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:

   1. (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;
   3. (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
   4. (d) there is a criminal protective order or a criminal stalking injunction in effect for the case.

Amended by Chapter 180, 2024 General Session