77-40-102 - Definitions.
77-40-102. Definitions.
As used in this chapter:
(1) "Administrative finding" means a decision upon a question of fact reached by anadministrative agency following an administrative hearing or other procedure satisfying therequirements of due process.
(2) "Agency" means a state, county, or local government entity that generates ormaintains records relating to an investigation, arrest, detention, or conviction for an offense forwhich expungement may be ordered.
(3) "Bureau" means the Bureau of Criminal Identification of the Department of PublicSafety established in Section 53-10-201.
(4) "Certificate of eligibility" means a document issued by the bureau stating that thecriminal record which is the subject of a petition for expungement is eligible for expungement.
(5) "Conviction" means judgment by a criminal court on a verdict or finding of guiltyafter trial, a plea of guilty, or a plea of nolo contendere.
(6) "Department" means the Department of Public Safety established in Section53-1-103.
(7) "Expunge" means to seal or otherwise restrict access to the petitioner's record ofarrest, investigation, detention, or conviction held by an agency.
(8) "Jurisdiction" means a state, district, province, political subdivision, territory, orpossession of the United States or any foreign country.
(9) "Petitioner" means a person seeking expungement under this chapter.
Renumbered and Amended by Chapter 283, 2010 General Session