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(1) The petitioner shall apply to the bureau for a certificate of eligibility for expungement and pay the application fee established by the department.
(2) Once the eligibility process is complete, the bureau shall notify the petitioner.
(3) If the petitioner is qualified to receive a certificate of eligibility for expungement, the petitioner shall pay the issuance fee established by the department.
(4)
(a) The petitioner shall file the certificate of eligibility with a petition for expungement in the court in which the proceedings occurred.
(b) If there were no court proceedings, or the court no longer exists, the petitioner may file the petition in the district court where the arrest occurred.
(c) If a petitioner files a certificate of eligibility electronically, the petitioner or the petitioner's attorney shall keep the original certificate until the proceedings are concluded.
(d) If the petitioner files the original certificate of eligibility with the petition, the clerk or the court shall scan and return the original certificate to the petitioner or the petitioner's attorney, who shall keep the original certificate until the proceedings are concluded.
(5) Notwithstanding Subsections (3) and (4), if the petitioner is not qualified to receive a certificate of eligibility for expungement, the petitioner may file a petition without a certificate to obtain expungement for a record of conviction related to cannabis possession if the petition demonstrates that:
(a) the petitioner had, at the time of the relevant arrest or citation leading to the conviction, a qualifying condition, as that term is defined in Section 26-61a-102; and
(b) the possession of cannabis in question was in a form and an amount to medicinally treat the condition described in Subsection (5)(a).
(6)
(a) The petitioner shall deliver a copy of the petition and certificate of eligibility to the prosecutorial office that handled the court proceedings.
(b) If there were no court proceedings, the petitioner shall deliver the copy of the petition and certificate to the county attorney's office in the jurisdiction where the arrest occurred.
(7) If the prosecutor or the victim files an objection to the petition, the court shall set a hearing and notify the prosecutor and the victim of the date set for the hearing.
(8) If the court requests a response from the Division of Adult Probation and Parole and a response is received, the petitioner may file a written reply in accordance with Section 77-40-107.
(9) A court may grant an expungement without a hearing if no objection is received.
(10) Upon receipt of an order of expungement, the petitioner shall deliver copies to all government agencies in possession of records relating to the expunged matter.