| (1) |
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Terms Used In Utah Code 78B-7-1003- agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
- Civil order: means :
| (a) | an ex parte civil protective order; |
| (b) | an ex parte civil stalking injunction; |
| (c) | a civil protective order; or |
| (d) | a civil stalking injunction. See Utah Code 78B-7-1001- Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under:
| (d) | 6. See Utah Code 78B-7-102- Civil stalking injunction: means a stalking injunction issued under 7. See Utah Code 78B-7-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Ex parte civil protective order: means an order issued without notice to the respondent under:
| (d) | 6. See Utah Code 78B-7-102- Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under 7. See Utah Code 78B-7-102
- Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means :Utah Code 68-3-12.5
- Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001
- Protective order: means :
| (a) | a child protective order; or |
| (b) | an ex parte child protective order. See Utah Code 78B-7-201- Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
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| (a) |
An individual against whom a civil order is sought may petition the court to expunge records of the civil order. |
| (b) |
A petition under Subsection (1)(a) shall be filed in accordance with the Utah Rules of Civil Procedure. |
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| (2) |
| (a) |
The petitioner shall provide notice to the individual filed the civil order against the petitioner in accordance with Rule 4 of the Utah Rules of Civil Procedure. |
| (b) |
The individual who filed the civil order against the petitioner:
| (i) |
may file a written objection with the court within 30 days after the day on which the petition is received by the individual; and |
| (ii) |
if the individual files a written objection, provide a copy of the written objection to the petitioner. |
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| (c) |
If the court receives a written objection to the petition for expungement of a civil order, the court shall:
| (i) |
set a date for a hearing on the petition; |
| (ii) |
provide notice at least 30 days before the day on which the hearing is held to:
| (A) |
all parties of the civil order; and |
| (B) |
any other person or agency that the court has reason to believe may have relevant information related to the expungement of the civil order. |
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| (d) |
The petitioner may respond, in writing, to any written objection within 14 days after the day on which the written objection is received by the court. |
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| (3) |
If no written objection is received within 60 days from the day on which the petition for expungement is filed under Subsection (1), the court may grant the expungement in accordance with Subsection (4) or (5) without a hearing. |
| (4) |
A court may expunge an ex parte civil protective order or an ex parte civil stalking injunction if:
| (a) |
the ex parte civil protective order or the ex parte civil stalking injunction was issued but:
| (i) |
the ex parte civil protective order or the ex parte civil stalking injunction is dismissed, dissolved, or expired upon a hearing by the court; |
| (ii) |
the court did not issue a civil protective order or a civil stalking injunction on the same circumstances for which the ex parte civil protective order or the ex parte civil stalking injunction was issued; |
| (iii) |
at least 30 days have passed from the day on which the ex parte civil protective order or the ex parte civil stalking injunction was issued; |
| (iv) |
the petitioner has not been arrested, charged, or convicted for violating the ex parte civil protective order or ex parte civil stalking injunction; and |
| (v) |
there are no criminal proceedings pending against the petitioner in the state; or |
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| (b) |
| (i) |
the individual who filed the ex parte civil protective order or the ex parte civil stalking injunction failed to appear for the hearing on the ex parte civil protective order or ex parte civil stalking injunction; |
| (ii) |
at least 30 days have passed from the day on which the hearing on the ex parte civil protective order or the ex parte civil stalking injunction was set to occur, including any continuance, postponement, or rescheduling of the hearing; |
| (iii) |
the petitioner has not been arrested, charged, or convicted for violating the ex parte civil protective order or ex parte civil stalking injunction; and |
| (iv) |
there are no criminal proceedings pending against the petitioner in the state. |
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| (5) |
A court may expunge a civil protective order or a civil stalking injunction if:
| (a) |
the civil protective order or the civil stalking injunction has been dismissed, dissolved, vacated, or expired; |
| (b) |
three years have passed from the day on which the civil protective order or the civil stalking injunction is dismissed, dissolved, vacated, or expired; |
| (c) |
the petitioner has not been arrested, charged, or convicted for violating the civil protective order or the civil stalking injunction; and |
| (d) |
there are no criminal proceedings pending against the petitioner in the state. |
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Amended by Chapter 139, 2023 General Session
Amended by Chapter 265, 2023 General Session
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