Utah Code 80-6-1002 v2. Vacatur of an adjudication

Effective 10/1/2023

80-6-1002. Vacatur of an adjudication.

(1)

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Terms Used In Utah Code 80-6-1002 v2

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
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.
Expunge: means to seal or otherwise restrict access to an individual's record held by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication of an offense in the juvenile court. See Utah Code 80-6-1001
Fraud: Intentional deception resulting in injury to another.
Juvenile record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001 v2
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
Prosecuting attorney: means :

(a)	the attorney general and any assistant attorney general;

(b)	any district attorney or deputy district attorney;

(c)	any county attorney or assistant county attorney; and

(d)

any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102

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

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 for an offense by the juvenile court may petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation of:

(i)	Section 76-5-308, human trafficking for labor if the petitioner engaged in the human trafficking for labor while subject to force, fraud, or coercion;

(ii)	Section 76-10-1302, prostitution;

(iii)

Section 76-10-1304, aiding prostitution; or

(iv)	Section 76-10-1313, sexual solicitation.

(b)	The petitioner shall include in the petition the relevant juvenile court incident number and any agencies known or alleged to have any records 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 prosecuting attorney.

(2)

(a)

Upon the filing of a petition, the juvenile court shall:

(i)	set a date for a hearing; and

(ii)

at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the juvenile record:

(A)	that a petition has been filed; and

(B)	of the date of the hearing.

(b)

(i)	The juvenile court shall provide a victim with the opportunity to request notice of a petition for vacatur.

(ii)

At least 30 days before the day on which the hearing is scheduled, a victim shall receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim’s next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, 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.

(c)	At the hearing, the petitioner, the prosecuting attorney, a victim, and any other person who may have relevant information about the petitioner may testify.

(3)

(a)

In deciding whether to grant a petition for vacatur of an adjudication of an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court shall consider whether the petitioner acted subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication.

(b)	If the juvenile court finds by a preponderance of the evidence that the petitioner was subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the adjudication.

(c)	If the juvenile court does not find sufficient evidence, the juvenile court shall deny vacatur of the adjudication.

(4)	If the petition seeks to vacate an adjudication of an offense described in Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the adjudication unless the petitioner acted as a purchaser of any sexual activity.

(5)

(a)

Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order expungement of all records in the petitioner’s juvenile record pertaining to the incident identified in the petition, including relevant related records contained in the Management Information System and the Licensing Information System.

(b)

The juvenile court may not order expungement of any record in the petitioner’s juvenile record that contains an adjudication for a violation of:

(i)	Section 76-5-202, aggravated murder; or

(ii)	Section 76-5-203, murder.

(6)

(a)	The petitioner shall be responsible for service of the vacatur and expungement order to all affected state, county, and local entities, agencies, and officials.

(b)	To avoid destruction or expungement of the records in whole or in part, the agency or entity receiving the vacatur and expungement order shall only expunge all references to the petitioner’s name in the records pertaining to the relevant adjudicated juvenile court incident.

(7)

(a)

Upon entry of a vacatur and expungement order under this section:

(i)	the proceedings in the incident identified in the petition are considered never to have occurred; and

(ii)	the petitioner may reply to an inquiry on the matter as though the proceedings never occurred.

(b)

Upon petition, any record expunged under this section may only be released to or viewed by:

(i)	the individual who is the subject of the record; or

(ii)	a person named in the petition of vacatur.

Amended by Chapter 115, 2023 General Session

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