Effective 10/1/2023
80-6-1004.4. Petition to expunge petition not found to be true — Order.
| (1) |
An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual’s juvenile record pertaining to an incident where a petition was filed if:
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Terms Used In Utah Code 80-6-1004.4- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
the incident was presented to the juvenile court for adjudication based upon an admission, plea, or trial; |
| (b) |
the juvenile court did not find by beyond a reasonable doubt the allegations in the petition to be true; |
| (c) |
at least 30 days have passed since the day on which the juvenile court did not find the allegations in the petition to be true; and |
| (d) |
an appeal has not been filed for the petition within the 30-day period described in Subsection (1)(c). |
|
| (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) |
The juvenile court shall grant a petition described in Subsection (1), without a hearing, and order expungement of any record in the petitioner’s juvenile record pertaining to the incident. |
Enacted by Chapter 115, 2023 General Session
