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(1)
(a) Except as provided in Subsection (1)(b) and subject to Section 77-40-116, this section governs the process for the automatic expungement of all records in:
(i) except as provided in Subsection (2)(d), a case that resulted in an acquittal on all charges;
(ii) except as provided in Subsection (3)(d), a case that is dismissed with prejudice; or
(iii) a case that is a clean slate eligible case.
(b) This section does not govern automatic expungement of a traffic offense.
(2)
(a) Except as provided in Subsection (2)(d), the process for automatic expungement of records for a case that resulted in an acquittal on all charges is as described in Subsections (2)(b) through (c).
(b) If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:
(i) issue, without a petition, an expungement order; and
(ii) based on information available, notify the bureau and the prosecuting agency identified in the case of the order of expungement.
(c) The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.
(d) For purposes of this section, a case that resulted in acquittal on all charges does not include a case that resulted in an acquittal because the individual is found not guilty by reason of insanity.
(3)
(a) The process for an automatic expungement of a case that is dismissed with prejudice is as described in Subsections (3)(b) through (c).
(b) If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:
(i) issue, without a petition, an expungement order; and
(ii) based on information available, notify the bureau and the prosecuting agency identified in the case of the order of expungement.
(c) The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.
(d) For purposes of this Subsection (3), a case that is dismissed with prejudice does not include a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b).
(4)
(a) The process for the automatic expungement of a clean slate eligible case is as described in Subsections (4)(b) through (f) and in accordance with any rules made by the Judicial Council as described in Subsection (4)(g).
(b) A prosecuting agency shall receive notice on a monthly basis for any case prosecuted by that agency that appears to be a clean slate eligible case.
(c) Within 35 days of the day on which the notice described in Subsection (4)(b) is sent, the prosecuting agency shall provide written notice in accordance with any rules made by the Judicial Council if the prosecuting agency objects to an automatic expungement for any of the following reasons:
(i) after reviewing the agency record, the prosecuting agency believes that the case does not meet the definition of a clean slate eligible case;
(ii) the individual has not paid court-ordered restitution to the victim; or
(iii) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an individual with a clean slate eligible case is continuing to engage in criminal activity within or outside of the state.
(d)
(i) If a prosecuting agency provides written notice of an objection for a reason described in Subsection (4)(c) within 35 days of the day on which the notice described in Subsection (4)(b) is sent, the court may not proceed with automatic expungement.
(ii) If 35 days pass from the day on which the notice described in Subsection (4)(b) is sent without the prosecuting agency providing written notice of an objection for a reason described in Subsection (4)(c), the court may proceed with automatic expungement.
(e) If a court determines that the requirements for automatic expungement have been met, a district court or justice court shall:
(i) issue, without a petition, an expungement order; and
(ii) based on information available, notify the bureau and the prosecuting agency identified in the case of the order of expungement.
(f) The bureau, upon receiving notice from the court, shall notify the law enforcement agencies identified in the case of the order of expungement.
(g) The Judicial Council shall make rules to govern the process for automatic expungement of records for a clean slate eligible case in accordance with this Subsection (4).
(5) Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement under this section if an automatic expungement has not occurred pursuant to this section.
(6) An automatic expungement performed under this section does not preclude a person from requesting access to expunged records in accordance with Section 77-40-109 or 77-40-110.