(1) Reasonable efforts within available funding shall be made to expunge or delete a case as quickly as is practicable with the goal of: (a) for cases adjudicated on or after May 1, 2020: (i) expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal; (ii) expunging a case that resulted in a dismissal with prejudice, other than 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), 180 days after: (A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or (B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order; (iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40-114, determining that the requirements for expungement have been satisfied; or (iv) deleting a clean slate eligible case that is a traffic offense upon identification; and (b) for cases adjudicated before May 1, 2020, expunging or deleting a case within one year of the day on which the case is identified as eligible for automatic expungement or deletion.
(a) for cases adjudicated on or after May 1, 2020: (i) expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal; (ii) expunging a case that resulted in a dismissal with prejudice, other than 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), 180 days after: (A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or (B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order; (iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40-114, determining that the requirements for expungement have been satisfied; or (iv) deleting a clean slate eligible case that is a traffic offense upon identification; and
(i) expunging a case that resulted in an acquittal on all charges, 60 days after the acquittal;
(ii) expunging a case that resulted in a dismissal with prejudice, other than 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), 180 days after: (A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or (B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order;
(A) for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; or
(B) for a case in which an appeal was filed, the day on which a court issues a final unappealable order;
(iii) expunging a clean slate eligible case that is not a traffic offense within 30 days of the court, in accordance with Section 77-40-114, determining that the requirements for expungement have been satisfied; or
(iv) deleting a clean slate eligible case that is a traffic offense upon identification; and
(b) for cases adjudicated before May 1, 2020, expunging or deleting a case within one year of the day on which the case is identified as eligible for automatic expungement or deletion.
(2) (a) The Judicial Council shall make rules governing the identification and processing of clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115. (b) Reasonable efforts shall be made to identify and process all clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115. (c) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as a clean slate eligible case or to automatically expunge or delete the records of a clean slate eligible case.
(a) The Judicial Council shall make rules governing the identification and processing of clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115.
(b) Reasonable efforts shall be made to identify and process all clean slate eligible cases in accordance with Sections 77-40-114 and 77-40-115.
(c) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as a clean slate eligible case or to automatically expunge or delete the records of a clean slate eligible case.
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