(1) A person who is arrested or formally charged with an offense may apply to the bureau for a certificate of eligibility to expunge the records of arrest, investigation, and detention that may have been made in the case, subject to the following conditions: (a) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought; (b) there are no criminal proceedings pending against the petitioner; and (c) one of the following occurs: (i) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case; (ii) the entire case is dismissed with prejudice; (iii) the entire case is dismissed without prejudice or without condition and: (A) the prosecutor consents in writing to the issuance of a certificate of eligibility; or (B) at least 180 days have passed since the day on which the case is dismissed; (iv) the person is acquitted at trial on all of the charges contained in the case; or (v) the statute of limitations expires on all of the charges contained in the case.
(a) at least 30 days have passed since the day of the arrest for which a certificate of eligibility is sought;
(b) there are no criminal proceedings pending against the petitioner; and
(c) one of the following occurs: (i) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case; (ii) the entire case is dismissed with prejudice; (iii) the entire case is dismissed without prejudice or without condition and: (A) the prosecutor consents in writing to the issuance of a certificate of eligibility; or (B) at least 180 days have passed since the day on which the case is dismissed; (iv) the person is acquitted at trial on all of the charges contained in the case; or (v) the statute of limitations expires on all of the charges contained in the case.
(i) charges are screened by the investigating law enforcement agency and the prosecutor makes a final determination that no charges will be filed in the case;
(ii) the entire case is dismissed with prejudice;
(iii) the entire case is dismissed without prejudice or without condition and: (A) the prosecutor consents in writing to the issuance of a certificate of eligibility; or (B) at least 180 days have passed since the day on which the case is dismissed;
(A) the prosecutor consents in writing to the issuance of a certificate of eligibility; or
(B) at least 180 days have passed since the day on which the case is dismissed;
(iv) the person is acquitted at trial on all of the charges contained in the case; or
(v) the statute of limitations expires on all of the charges contained in the case.
(2) Notwithstanding Subsection (1)(a), the bureau shall issue a certificate of eligibility on an expedited basis to a petitioner seeking expungement under Subsection (1)(c)(iv).
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