Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Section R722-350-3

Application for a Certificate of Eligibility

Notice of Proposed Rule

(Amendment)

DAR File No.: 35487
Filed: 11/30/2011 09:31:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify that each "criminal episode in it's entirety" will be considered in determining eligibility for expungement.

Summary of the rule or change:

The change clarifies that each "criminal episode in it's entirety" will be considered in determining eligibility for expungement.

State statutory or constitutional authorization for this rule:

• Title 77, Chapter 40

Anticipated cost or savings to:

the state budget:

No aggregate anticipated cost or savings to the state budget. This proposed amendment addresses the clarification of "criminal episode in it's entirety," thus no aggregate cost or savings to the state budget is anticipated.

local governments:

No aggregate anticipated cost or savings to local government. This proposed amendment addresses the clarification of "criminal episode in it's entirety," thus no aggregate cost or savings to local government is anticipated.

small businesses:

No aggregate anticipated cost or savings to small businesses. This proposed amendment addresses the clarification of "criminal episode in it's entirety," thus no aggregate cost or savings to small businesses is anticipated.

persons other than small businesses, businesses, or local governmental entities:

No aggregate anticipated cost or savings to person's other than small businesses, businesses, or local government entities. This proposed amendment addresses the clarification of "criminal episode in it's entirety," thus no aggregate cost or savings to person's other than small businesses, businesses, or local government entities is anticipated.

Compliance costs for affected persons:

No compliance costs. As this rule addresses the clarification of "criminal episode in it's entirety," there are no anticipated compliance costs for any of the persons addressed above.

Comments by the department head on the fiscal impact the rule may have on businesses:

This should not have any particular effect on business since it is only implementing an amendment to clarify that the "criminal episode in it's entirety" is considered in making eligibility determinations.

Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

Alice Moffat, Bureau Chief

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-350. Certificate of Eligibility.

R722-350-3. Application for a Certificate of Eligibility.

(1)(a) An application for a certificate of eligibility must be made in writing to the bureau by filing out the application form established by the bureau.

(b) An application form must be accompanied by a payment of $25.00 in the form of cash, check, money order, or credit card.

[(2) Upon receipt of a completed application form and payment of the application fee, the bureau shall determine whether the petitioner meets the requirements for a certificate of eligibility found in Sections 77-40-104 and 77-40-105 by reviewing federal, state and local government records.](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 77-40-104 and 77-40-105.

(b) In making its determination, the bureau shall also review all 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 is unable to 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 77-40-104 and 77-40-105, 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 $56.00, per special certificate.

(5) If the bureau determines that the petitioner meets the requirements for the issuance of a certificate of eligibility found in Section 77-40-104, the bureau shall send the certificate of eligibility to the petitioner, at the address 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 indicated on the application form, indicating that the petitioner must pay $56.00 for each certificate of eligibility.

(7) 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 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 R722-350-4.

 

KEY: expungement, certificate of eligibility

Date of Enactment or Last Substantive Amendment: [February 22, 2011]2012

Authorizing, and Implemented or Interpreted Law: 77-40