Current through the 2024 Fourth Special Session
Section 77-40a-301 - [Effective Until 10/1/2024] [Effective 10/1/2024] Application for certificate of eligibility for expungement - Penalty for false or misleading information on application(1) If an individual seeks to expunge the individual's criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall: (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304; (b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for the certificate of eligibility or special certificate as described in Section 77-40a-304 if the individual is eligible to receive a certificate of eligibility or special certificate; and (c) file a petition for expungement in accordance with Section 77-40a-305. (2) (a) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6. (b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application. Amended by Chapter 180, 2024 General Session ,§ 33, eff. 10/1/2024, coordination clause.Amended by Chapter 180, 2024 General Session ,§ 14, eff. 10/1/2024.Amended by Chapter 194, 2024 General Session ,§ 12, eff. 5/1/2024.Added by Chapter 250, 2022 General Session ,§ 13, eff. 5/4/2022.This section is set out more than once due to postponed, multiple, or conflicting amendments.