Current through the 2024 Fourth Special Session
Section 77-40a-201 - General provisions for automatic expungement and deletion(1) Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement or deletion under this section if an automatic expungement or deletion has not occurred pursuant to this section. (2) (2) An automatic expungement performed under this section part does not preclude a person from requesting access to expunged records in accordance with Section 77-40a-403 or 77-40a-404. (3)(a)The Judicial Council and the Supreme Court shall make rules to govern the process for automatic expungement. (b) The rules under Subsection (7)(a) (3)(a) may authorize: (i) a presiding judge of a district court to issue an expungement order for any case when the requirements for automatic expungement are met; and (ii) a presiding judge of a justice court to issue an expungement order for any justice court case within the presiding judge's judicial district when the requirements for automatic expungement are met. (4) An individual does not have a cause of action for damages as a result of the failure to: (a) identify an individual's case as eligible for automatic expungement or deletion under this part; or (b) automatically expunge or delete the records of a case that is eligible under this part. Amended by Chapter 180, 2024 General Session ,§ 8, eff. 10/1/2024.Renumbered from 77-40-114 and amended by Chapter 250, 2022 General Session§ 10, eff. 5/4/2022.Amended by Chapter 218, 2020 General Session ,§ 6, eff. 5/1/2020.Added by Chapter 448, 2019 General Session ,§ 12, eff. 5/1/2020.