Section 77-40a-302 - Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if: (a) the following time periods have passed: (i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense; (ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and (iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and (b) one of the following occurs: (i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner; (ii) all charges in the case are dismissed with prejudice; (iii) if a charge in the case is dismissed without prejudice or without condition: (A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or (B) at least 180 days have passed after the day on which the charge is dismissed; (iv) the petitioner is acquitted at trial on all of the charges in the case; or (v) the statute of limitations expires on all of the charges in the case. (2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if: (a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense; (b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense; (c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or (d) there is a criminal protective order or a criminal stalking injunction in effect for the case. Amended by Chapter 180, 2024 General Session ,§ 15, eff. 10/1/2024.Renumbered from 77-40-104 and amended by Chapter 250, 2022 General Session§ 14, eff. 5/4/2022.Amended by Chapter 448, 2019 General Session ,§ 3, eff. 5/1/2020.Amended by Chapter 266, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 136, 2012 General Session ,§ 2, eff. 5/8/2012.Amended by Chapter 26, 2011 General Session