Section 77-40a-302 - [Effective Until 10/1/2024] Requirements for certificate of eligibility to expunge records or arrest, investigation, and detention(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if: (a) at least 30 days have passed after the day on which the individual is arrested or charged for the offense;(b) one of the following occurs: (i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;(ii) all charges in the case are dismissed with prejudice;(iii) if a charge in the case is dismissed without prejudice or without condition: (A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or(B) at least 180 days have passed after the day on which the charge is dismissed;(iv) the petitioner is acquitted at trial on all of the charges in the case; or(v) the statute of limitations expires on all of the charges in the case; and(c)(i) there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction, at least three years have passed after the day on which the petitioner was convicted of the traffic offense; or(ii) there is a conviction in the case for a traffic offense that is a class B misdemeanor, at least four years have passed after the day on which the petitioner was convicted of the traffic offense.(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if: (a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;(c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.Renumbered from 77-40-104and amended by Chapter 250, 2022 General Session§ 14, eff. 5/4/2022.Amended by Chapter 448, 2019 General Session ,§ 3, eff. 5/1/2020.Amended by Chapter 266, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 136, 2012 General Session ,§ 2, eff. 5/8/2012.Amended by Chapter 26, 2011 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.