Section 77-40a-304 - Certificate of eligibility process - Issuance of certificate - Fees(1)(a) When a petitioner applies for a certificate of eligibility as described in Subsection 77-40a-301(1) : (i) the petitioner shall pay an application fee at the time the petitioner submits an application for a certificate of eligibility to the bureau; and(ii) the bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner is eligible to receive a certificate of eligibility under this chapter.(b) For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention, and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred. (c) If a disposition for an arrest on the criminal history file is unobtainable after reasonable research, the bureau may issue a special certificate giving determination of eligibility to the court, except that the bureau may not issue the special certificate if: (i) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;(ii) 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; or(iii) 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.(2)(a) Once the eligibility process is complete, the bureau shall notify the petitioner.(b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303 and the bureau determines that the issuance of a certificate of eligibility or special certificate is appropriate: (i) the bureau shall issue a certificate of eligibility or special certificate that is valid for a period of 180 days from the day on which the certificate is issued:(ii) the bureau shall provide a petitioner with an identification number for the certificate of eligibility or special certificate; and(iii) except as provided in Subsection (3). the petitioner shall pay an additional fee for the issuance of a certificate of eligibility or special certificate. (3) The bureau shall issue a certificate of eligibility or special certificate without requiring the payment of the issuance fee if the petitioner qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion. (4) The bureau shall include on a certificate of eligibility all information that is needed for the court to issue a valid expungement order.(5) The bureau shall provide clear written instructions to the petitioner that explain: (a) the process for a petition for expungement; and(b) what is required of the petitioner to complete the process for a petition for expungement.(6) The bureau shall charge application and issuance fees for a certificate of eligibility or special certificate in accordance with the process in Section 63J-1-504.(7) The department shall deposit funds generated by application and issuance fees under this section into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility for expungement.Amended by Chapter 180, 2024 General Session ,§ 17, eff. 10/1/2024.Amended by Chapter 194, 2024 General Session ,§ 13, eff. 5/1/2024.Amended by Chapter 384, 2022 General Session ,§ 5, eff. 5/4/2022.Renumbered from 77-40-106 and amended by Chapter 250, 2022 General Session§ 16, eff. 5/4/2022.Amended by Chapter 356, 2017 General Session ,§ 5, eff. 5/9/2017.Amended by Chapter 41, 2013 General Session ,§ 6, eff. 5/14/2013.Enacted by Chapter 283, 2010 General Session