77-40-106 - Application for certificate of eligibility -- Fees.
77-40-106. Application for certificate of eligibility -- Fees.
(1) (a) A petitioner seeking to obtain an expungement for a criminal record shall applyfor a certificate of eligibility from the bureau.
(b) A petitioner who intentionally or knowingly provides any false or misleadinginformation to the bureau when applying for a certificate of eligibility is guilty of a class Bmisdemeanor and subject to prosecution under Section 76-8-504.6.
(c) Regardless of whether the petitioner is prosecuted, the bureau may deny a certificateof eligibility to anyone providing false information on an application.
(2) (a) The bureau shall perform a check of records of governmental agencies, includingnational criminal data bases, to determine whether a petitioner is eligible to receive a certificateof eligibility under this chapter.
(b) For purposes of determining eligibility under this chapter, the bureau may reviewrecords of arrest, investigation, detention and conviction that have been previously expunged,regardless of the jurisdiction in which the expungement occurred.
(c) If the petitioner meets all of the criteria under Section 77-40-104 or 77-40-105, thebureau shall issue a certificate of eligibility to the petitioner which shall be valid for a period of90 days from the date the certificate is issued.
(d) If, after reasonable research, a disposition for an arrest on the criminal history file isunobtainable, the bureau may issue a special certificate giving determination of eligibility to thecourt.
(3) (a) The bureau shall charge application and issuance fees for a certificate of eligibilityin accordance with the process in Section 63J-1-504.
(b) The application fee shall be paid at the time the petitioner submits an application fora certificate of eligibility to the bureau.
(c) If the bureau determines that the issuance of a certificate of eligibility is appropriate,the petitioner will be charged an additional fee for the issuance of a certificate of eligibilityunless Subsection (3)(d) applies.
(d) An issuance fee may not be assessed against a petitioner who qualifies for acertificate of eligibility under Section 77-40-104 unless the charges were dismissed pursuant to aplea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversionagreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
(e) Funds generated under this Subsection (3) shall be deposited in the General Fund as adedicated credit by the department to cover the costs incurred in determining eligibility.
Enacted by Chapter 283, 2010 General Session