(1) As used in this section:
(a) "Division" means the Division of Juvenile Justice and Youth Services.
(b) "Minor" means the same as that term is defined in Section 80-1-102.
(c) "Registry" means the Sex, Kidnap, and Child Abuse Offender Registry created in Section 53-29-102.
(d) "Sex offender" means the same as that term is defined in Section 53-29-101.
(2) The board may only consider issuing a pardon to an offender for an offense that requires the offender to register as a sex offender on the registry if:
(a) for an offender who is required to register for 10 years under Subsection 53-29-203(1)(a), 10 years have passed after the later of:
(i) the day on which the offender was placed on probation;
(ii) the day on which the offender was released from incarceration to parole;
(iii) the day on which the offender's sentence was terminated without parole;
(iv) the day on which the offender entered a community-based residential program; or
(v) for a minor, the day on which the division's custody of the offender was terminated; or
(b) for an offender who is required to register for the offender's lifetime under Subsection 53-29-203(1)(b), 20 years have passed after the later of:
(i) the day on which the offender was placed on probation;
(ii) the day on which the offender was released from incarceration to parole;
(iii) the day on which the offender's sentence was terminated without parole;
(iv) the day on which the offender entered a community-based residential program; or
(v) for a minor, the day on which the division's custody of the offender was terminated.
(3) The timelines described in Subsection (2) do not apply to:
(a) an individual whose conviction was vacated, reversed, or otherwise set aside; or
(b) an individual who was found to be factually innocent by a court after filing a petition for:
(i) postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; or
(ii) a writ of habeas corpus under 28 U.S.C. Sec. 2254.