77-40-109 - Retention and release of expunged records -- Agencies.
77-40-109. Retention and release of expunged records -- Agencies.
(1) The bureau shall keep, index, and maintain all expunged records of arrests andconvictions.
(2) Employees of the bureau may not divulge any information contained in its index toany person or agency without a court order unless specifically authorized by statute. Thefollowing organizations may receive information contained in expunged records upon specificrequest:
(a) the Board of Pardons and Parole;
(b) Peace Officer Standards and Training;
(c) federal authorities, unless prohibited by federal law;
(d) the Division of Occupational and Professional Licensing; and
(e) the State Office of Education.
(3) The bureau may also use the information in its index as provided in Section53-5-704.
(4) If, after obtaining an expungement, the petitioner is charged with a felony, the statemay petition the court to open the expunged records upon a showing of good cause.
(5) (a) For judicial sentencing, a court may order any records expunged under thischapter to be opened and admitted into evidence.
(b) The records are confidential and are available for inspection only by the court,parties, counsel for the parties, and any other person who is authorized by the court to inspectthem.
(c) At the end of the action or proceeding, the court shall order the records expungedagain.
(d) Any person authorized by this Subsection (5) to view expunged records may notreveal or release any information obtained from the expunged records to anyone outside thecourt.
(6) Records released under this chapter are classified as protected under Section63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access toRecords.
Renumbered and Amended by Chapter 283, 2010 General Session