Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if: (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and (b) the case is eligible for expungement under this section. (2) Except as provided in Subsection (3), a case is eligible for expungement under this section if: (a) (i) the case resulted in an acquittal on all charges; and (ii) at least 60 days have passed after the day on which the case resulted in an acquittal; or (b) (i) the case is dismissed with prejudice; and (ii) at least 180 days have passed after the day on which: (A) for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or (B) for a case in which an appeal was filed, a court issues a final nonappealable order. (3) A case is not eligible for expungement under Subsection (2) if: (a) the case resulted in an acquittal because the individual is found not guilty by reason of insanity; or (b) the case 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) If a court issues an order of expungement under Subsection (1), the court shall: (a) expunge all records of the case held by the court as described in Section 77-40a-401; and (b) notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.