Effective 10/1/2023
80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency petition — Screening — Order.
| (1) |
An individual may petition the juvenile court for an order to expunge the individual’s juvenile record if:
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Terms Used In Utah Code 80-6-1004.3- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Detention: means home detention or secure detention. See Utah Code 80-1-102
- 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
- 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- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
|
| (a) |
the individual’s juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication; |
| (b) |
the individual was not adjudicated for an offense in the juvenile court; and |
| (c) |
the individual has reached 18 years old. |
| (2) |
If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108. |
| (3) |
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. |
| (4) |
| (a) |
Upon the filing of a petition described in Subsection (1), the juvenile court shall notify the prosecuting attorney that the petition has been filed. |
| (b) |
Within 30 days after the day on which the notification is sent under Subsection (4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner meets the requirements for expungement under this section. |
|
| (5) |
Except as provided in Subsection (6), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if each case identified in the petition:
| (a) |
has been screened by the investigating law enforcement agency and the prosecuting attorney has determined that no charges will be filed against the individual; |
| (b) |
resulted in all charges in the case being dismissed with prejudice; |
| (c) |
resulted in all charges in the case being dismissed without prejudice or without condition and the prosecuting attorney consents to the expungement; or |
| (d) |
is barred from prosecution by the statute of limitations. |
|
| (6) |
The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if there are delinquency or criminal proceedings pending against the petitioner. |
Enacted by Chapter 115, 2023 General Session
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