Section 77-40a-401 - Processing of expungement order - Written confirmation of expungement - Effect of an expungement(1) (a) The bureau, upon receiving notice from the court, shall notify all criminal justice agencies affected by the expungement order. (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and Parole of an expungement order if the individual has never been: (i) sentenced to prison in this state; or (ii) under the jurisdiction of the Board of Pardons and Parole. (c) A petitioner may deliver copies of the expungement to all criminal justice agencies affected by the order of expungement. (d) An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged. (2) Unless otherwise provided by law or ordered by a court to respond differently, an individual or agency who has received an expungement of an arrest or conviction under this chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did not occur. (3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation. (4) An agency receiving an expungement order shall expunge the individual's identifying information contained in records in the agency's possession relating to the incident for which expungement is ordered. (5) Unless ordered by a court to do so, or in accordance with Section 77-40a-403, a government agency or official may not divulge information or records that have been expunged. (6)(a) An expungement order may not restrict an agency's use or dissemination of records in the agency's ordinary course of business until the agency has received a copy of the order.(b) Any action taken by an agency after issuance of the order but prior to the agency's receipt of a copy of the order may not be invalidated by the order.(7) An expungement order may not: (a) terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;(b) affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body's lawful authority prior to issuance of the expungement order;(c) remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; or(d) prevent an agency from maintaining, sharing, or distributing any record required by law.Amended by Chapter 180, 2024 General Session ,§ 21, eff. 10/1/2024.Renumbered from 77-40-108 and amended by Chapter 250, 2022 General Session§ 19, eff. 5/4/2022.Amended by Chapter 448, 2019 General Session ,§ 7, eff. 5/1/2020.Amended by Chapter 356, 2017 General Session ,§ 7, eff. 5/9/2017.Amended by Chapter 41, 2013 General Session ,§ 8, eff. 5/14/2013.Amended by Chapter 20, 2013 General Session ,§ 1, eff. 5/14/2013.Renumbered and Amended by Chapter 283, 2010 General Session