77-40-108 - Distribution of order -- Redaction -- Receipt of order -- Administrative proceedings -- Bureau requirements.
77-40-108. Distribution of order -- Redaction -- Receipt of order -- Administrativeproceedings -- Bureau requirements.
(1) The petitioner shall be responsible for delivering a copy of the order of expungementto all affected agencies and officials including the court, arresting agency, booking agency,Department of Corrections, and the bureau.
(2) Unless otherwise provided by law or ordered by a court of competent jurisdiction torespond differently, a person who has received an expungement of an arrest or conviction underthis chapter may respond to any inquiry as though the arrest or conviction did not occur.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau ofInvestigation.
(4) An agency receiving an expungement order shall expunge the petitioner's identifyinginformation contained in records in its possession relating to the incident for which expungementis ordered.
(5) Unless ordered by a court to do so, a government agency or official may not divulgeidentifying information regarding the petitioner contained in a record of arrest, investigation,detention, or conviction after receiving an expungement order.
(6) (a) An order of expungement may not restrict an agency's use or dissemination ofrecords in its ordinary course of business until the agency has received a copy of the order.
(b) Any action taken by an agency after issuance of the order but prior to the agency'sreceipt of a copy of the order may not be invalidated by the order.
(7) An order of expungement may not:
(a) terminate or invalidate any pending administrative proceedings or actions of whichthe petitioner had notice according to the records of the administrative body prior to issuance ofthe expungement order;
(b) affect the enforcement of any order or findings issued by an administrative bodypursuant to its lawful authority prior to issuance of the expungement order; or
(c) remove any evidence relating to the petitioner including records of arrest, which theadministrative body has used or may use in these proceedings.
(8) The bureau shall provide clear written directions to the petitioner along with a list ofagencies known to be affected by the order of expungement.
Renumbered and Amended by Chapter 283, 2010 General Session