Utah Code 80-6-1004.2. Petition to expunge nonjudicial adjustment

Effective 10/1/2023

80-6-1004.2. Petition to expunge nonjudicial adjustment — Order.

(1)

An individual may petition the juvenile court for an order to expunge the individual’s juvenile record if:

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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
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
Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:

(a)	the assigned juvenile probation officer; and

(b)

(i)	the minor; or

(ii)	the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001 v2
(a)	the individual’s juvenile record consists solely of nonjudicial adjustments;

(b)	the individual’s juvenile record is not eligible for automatic expungement under Section 80-6-1004.5; and

(c)	the individual has reached 18 years old.

(2)	If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition.

(3)	Except as provided in Subsection (4), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner‘s juvenile record.

(4)

The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if:

(a)	there are delinquency or criminal proceedings pending against the petitioner; or

(b)	the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner’s juvenile record.

Enacted by Chapter 115, 2023 General Session

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