Effective 10/1/2023
80-6-1004.5. Automatic expungement of successful nonjudicial adjustment — Effect of successful nonjudicial adjustment.
| (1) |
Except as provided in Subsection (2), the juvenile court shall issue, without a petition, an order to expunge an individual’s juvenile record if:
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Terms Used In Utah Code 80-6-1004.5- 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
- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- 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) | | (ii) | the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 |
| (a) |
the individual has reached 18 years old; |
| (b) |
the individual’s juvenile record consists solely of nonjudicial adjustments; |
| (c) |
the individual has successfully completed each nonjudicial adjustment; and |
| (d) |
all nonjudicial adjustments were completed on or after October 1, 2023. |
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| (2) |
An individual’s juvenile record is not eligible for expungement under Subsection (1) if the individual’s juvenile record contains a nonjudicial adjustment for a violation of:
| (a) |
Section 41-6a-502, driving under the influence; |
| (b) |
Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; |
| (c) |
Section 76-5-206, negligent homicide; |
| (e) |
Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or |
| (f) |
Section 76-10-509, possession of a dangerous weapon by a minor. |
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| (3) |
If an individual’s juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023:
| (a) |
any nonjudicial adjustment in the individual’s juvenile record is considered to never have occurred if:
| (i) |
the individual has reached 18 years old; |
| (ii) |
the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual’s juvenile record; and |
| (iii) |
the nonjudicial adjustment was for an offense that is not an offense described in Subsection (2); and |
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| (b) |
the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment. |
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Enacted by Chapter 115, 2023 General Session
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