Distribution for order for vacatur.

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  • (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.
  • (2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, as provided in Subsection 77-40-103(1).
  • (3) The bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40-108, except as provided in this section.
  • (4) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received a vacatur of conviction under Section 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
  • (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
  • (6) An agency receiving an order for vacatur shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which vacatur is ordered.
  • (7) A government agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:
    • (a) the individual for whom vacatur was ordered; or
    • (b) Peace Officer Standards and Training, pursuant to Section 53-6-203 and Subsection 77-40-109(2)(b)(ii).
  • (8) The bureau may not count vacated convictions against any future expungement eligibility.




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