Utah Admin. Code R722-350-4 - Application for a Certificate of Eligibility
(1)
(a) An
application for a certificate of eligibility must be made in writing to the
bureau by filling out the application form established by the bureau.
(b) An application form must be accompanied
by a payment of the application fee established by the bureau in the form of
cash, check, money order, or credit card.
(c) If the petitioner believes the court will
find them to be indigent, to request a fee waiver, the petitioner shall:
(i) state on the application form that they
are indigent; and
(ii) submit with
the application form, the first two pages of the completed court form entitled
Motion to Waive Fees for Expungement -- Criminal.
(d) If the petitioner has any pending agency
actions with the bureau, including outstanding payments for past certificates,
the new application will be denied until any such agency actions are fully
resolved.
(2)
(a) Upon receipt of a completed application
form and payment of the application fee, the bureau shall review each criminal
episode contained on the petitioner's criminal history, in its entirety, to
determine whether the petitioner meets the requirements for a certificate of
eligibility found in Sections
77-40a-105 and
77-40a-303.
(b) In making its determination, the bureau
shall also review any federal, state and local criminal records, to which it
has access.
(3) If the
bureau has insufficient information to determine if the petitioner meets the
requirements for a certificate of eligibility, the bureau may request that the
petitioner submit additional information.
(4) If the bureau cannot obtain disposition
information regarding the petitioner's criminal history or cannot determine
whether the petitioner meets the requirements for a certificate of eligibility
found in Sections
77-40a-105 and
77-40a-303, the bureau shall send
a letter to the petitioner, at the address indicated on the application form,
indicating that the petitioner may obtain a special certificate for each
criminal episode upon the payment of the issuance fee established by the
bureau, per special certificate.
(a) If the
petitioner requests a fee waiver as described in Subsection
R722-350-4(1)(c),
the bureau will not charge an issuance fee for the special
certificate.
(b) If the court does
not find a petitioner to be indigent after a petitioner requests a fee waiver
as described in Subsection
R722-350-4(1)(c),
the petitioner will be required to pay each issuance fee before the bureau will
process an expungement order.
(5) If the bureau determines that the
petitioner meets the requirements for the issuance of a certificate of
eligibility found in Section
77-40a-105, the bureau shall send
the certificate of eligibility to the petitioner, at the address or email
indicated on the application form, 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.
(6) If the bureau
determines that the petitioner meets the requirements for the issuance of a
certificate of eligibility under any other circumstances, the bureau shall send
a letter to the petitioner, at the address or email indicated on the
application form, indicating that the petitioner must pay the issuance fee
established by the bureau for each certificate of eligibility.
(a) If the petitioner requests a fee waiver
as described in Subsection
R722-350-4(1)(c),
the bureau will not charge an issuance fee for a certificate of
eligibility.
(b) If the court does
not find a petitioner to be indigent after a petitioner requests a fee waiver
as described in Subsection
R722-350-4(1)(c),
the petitioner will be required to pay an issuance fee for each certificate of
eligibility before the bureau will process an expungement order.
(7) The bureau may not issue a
certificate of eligibility for an offense that does not require a certificate
of eligibility for expungement unless petitioner makes a specific request for a
certificate of eligibility for the offense.
(8) If the bureau determines that the
petitioner does not meet the criteria for the issuance of a certificate of
eligibility, the bureau shall send a letter to the petitioner, at the address
or email indicated on the application form, which describes the reasons why the
petitioner's application was denied and notifies the petitioner that the
petitioner may seek agency review of the bureau's decision by following the
procedures outlined in Section
R722-350-5.
Notes
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