77-40-103 - Expungement procedure overview.
77-40-103. Expungement procedure overview.
The process for the expungement of records regarding the arrest, investigation, detention,and conviction of a petitioner in this state is as follows:
(1) The petitioner shall apply to the bureau for a certificate of eligibility for expungementand pay the application fee established by the department.
(2) Once the eligibility process is complete, the bureau shall notify the petitioner.
(3) If the petitioner is qualified to receive a certificate of eligibility for expungement, thepetitioner shall pay the issuance fee established by the department.
(4) The petitioner shall file the certificate of eligibility with a petition for expungement inthe court in which the proceedings occurred. If there were no court proceedings, the petition maybe filed in the district court where the arrest occurred.
(5) The petitioner shall deliver a copy of the petition and certificate to the prosecutorialoffice that handled the court proceedings. If there were no court proceedings, the copy of thepetition and certificate shall be delivered to the county attorney's office in the jurisdiction wherethe arrest occurred.
(6) If an objection to the petition is filed by the prosecutor or victim, a hearing shall beset by the court and the prosecutor and victim notified of the date.
(7) If the court requests a response from Adult Probation and Parole and a response isreceived, the petitioner may file a written reply to the response within 15 days of receipt of theresponse.
(8) An expungement may be granted without a hearing if no objection is received.
(9) Upon receipt of an order of expungement, the petitioner shall deliver copies to allgovernment agencies in possession of records relating to the expunged matter.
Enacted by Chapter 283, 2010 General Session