Superseded 10/1/2023)
Superseded 10/1/2023
77-38-14. Notice of expungement petition — Victim’s right to object.
| (1) |
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Terms Used In Utah Code 77-38-14- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
The Department of Corrections or the Juvenile Probation Department shall prepare a document explaining the right of a victim or a victim’s representative to object to a petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for obtaining notice of the petition. |
| (b) |
The department or division shall provide each trial court a copy of the document that has jurisdiction over delinquencies or criminal offenses subject to expungement. |
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| (2) |
The prosecuting attorney in any case leading to a conviction, a charge dismissed in accordance with a plea in abeyance agreement, or an adjudication subject to expungement shall provide a copy of the document to each person who would be entitled to notice of a petition for expungement under Sections 77-40a-305 and 80-6-1004. |
Amended by Chapter 262, 2021 General Session
