| (1) |
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Terms Used In Utah Code 80-6-1002- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Agency: means a state, county, or local government entity that generates or maintains records relating to a nonjudicial adjustment or an adjudication for which expungement may be ordered under this part. See Utah Code 80-6-1001
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Control: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102
- Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
- Person: means :Utah Code 68-3-12.5
- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001 v2
- 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
- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (ii) | the Utah Office for Victims of Crime. See Utah Code 80-6-102 |
| (a) |
An individual who has been adjudicated under this chapter may petition the juvenile court for vacatur of the individual’s juvenile court records and any related records in the custody of an agency if the record relates to:
| (ii) |
an adjudication that was based on an offense that the petitioner engaged in while subject to force, fraud, or coercion, as defined in Section 76-5-308. |
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| (b) |
The petitioner shall include in the petition the relevant juvenile court incident number and any agencies known or alleged to have any documents related to the offense for which vacatur is being sought. |
| (c) |
The petitioner shall include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of Section 53-10-108. |
| (d) |
The petitioner shall send a copy of the petition to the county attorney or, if within a prosecution district, the district attorney. |
| (2) |
| (a) |
Upon the filing of a petition, the juvenile court shall:
| (i) |
set a date for a hearing; |
| (ii) |
notify the county attorney or district attorney and the agency with custody of the records at least 30 days prior to the hearing of the pendency of the petition; and |
| (iii) |
notify the county attorney or district attorney and the agency with records the petitioner is asking the juvenile court to vacate of the date of the hearing. |
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| (b) |
| (i) |
The juvenile court shall provide a victim with the opportunity to request notice of a petition for vacatur. |
| (ii) |
A victim shall receive notice of a petition for vacatur at least 30 days before the hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who is incapacitated or deceased, the victim’s next of kin or authorized representative, submits a written and signed request for notice to the court in the judicial district in which the crime occurred or judgment was entered. |
| (iii) |
The notice shall include a copy of the petition and statutes and rules applicable to the petition. |
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| (3) |
| (a) |
At the hearing the petitioner, the county attorney or district attorney, a victim, and any other person who may have relevant information about the petitioner may testify. |
| (b) |
| (i) |
In deciding whether to grant a petition for vacatur, the juvenile court shall consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section 76-5-308, at the time of the conduct giving rise to the adjudication. |
| (ii) |
| (A) |
If the juvenile court finds by a preponderance of the evidence that the petitioner was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur. |
| (B) |
If the court does not find sufficient evidence, the juvenile court shall deny vacatur. |
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| (iii) |
If the petition is for vacatur of any adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313, the juvenile court shall presumptively grant vacatur unless the petitioner acted as a purchaser of any sexual activity. |
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| (c) |
If vacatur is granted, the juvenile court shall order sealed all of the petitioner’s records under the control of the juvenile court and any of the petitioner’s records under the control of any other agency or official pertaining to the incident identified in the petition, including relevant related records contained in the Management Information System and the Licensing Information System. |
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| (4) |
| (a) |
The petitioner shall be responsible for service of the order of vacatur to all affected state, county, and local entities, agencies, and officials. |
| (b) |
To avoid destruction or sealing of the records in whole or in part, the agency or entity receiving the vacatur order shall only vacate all references to the petitioner’s name in the records pertaining to the relevant adjudicated juvenile court incident. |
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| (5) |
| (a) |
Upon the entry of vacatur, the proceedings in the incident identified in the petition shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. |
| (b) |
Inspection of the records may thereafter only be permitted by the juvenile court upon petition by the individual who is the subject of the records, and only to persons named in the petition. |
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| (6) |
The juvenile court may not vacate a juvenile court record if the record contains an adjudication of:
| (a) |
Section 76-5-202, aggravated murder; or |
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Amended by Chapter 334, 2022 General Session
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