Distribution of order -- Redaction -- Receipt of order -- Bureau requirements -- Administrative proceedings.
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(1)
(a)
(i) An individual who receives an order of expungement under Section 77-40-107 or Section 77-27-5.1 shall be responsible for delivering a copy of the order of expungement to all affected criminal justice agencies and officials including the court, arresting agency, booking agency, prosecuting agency, Department of Corrections, and the bureau.
(ii) The provisions of Subsection (1)(a)(i) do not apply to an individual who receives an automatic expungement under Section 77-40-114.
(b) An individual who receives an order of expungement under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged.
(2) Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(4) An agency receiving an expungement order shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which expungement is ordered.
(5) Unless ordered by a court to do so, or in accordance with Subsection 77-40-109(2), a government agency or official may not divulge information or records that have been expunged.
(6)
(a) An order of expungement may not restrict an agency's use or dissemination of records in the agency's ordinary course of business until the agency has received a copy of the order.
(b) Any action taken by an agency after issuance of the order but prior to the agency's receipt of a copy of the order may not be invalidated by the order.
(7) An order of expungement may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body's lawful authority prior to issuance of the expungement order;
(c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or
(d) prevent an agency from maintaining, sharing, or distributing any record required by law.