Utah Code 80-6-1005. Nonjudicial adjustment expungement

Repealed 10/1/2023)

Repealed 10/1/2023
80-6-1005. Nonjudicial adjustment expungement.

(1)

An individual whose record consists solely of one or more nonjudicial adjustments may petition the juvenile court for an order to expunge the individual’s juvenile court record if the individual:

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Terms Used In Utah Code 80-6-1005

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
Control: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102
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
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)	has reached 18 years old; and

(b)	has completed the conditions of each nonjudicial adjustment.

(2)

(a)	The petitioner shall include in the petition described in Subsection (1) any agency known or alleged to have any records related to the nonjudicial adjustment for which expungement is being sought.

(b)	The petitioner is not required to include in the petition described in Subsection (1) an original criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.

(3)	Upon the filing of the petition described in Subsection (1), the juvenile court shall, without a hearing, order expungement of all of the petitioner’s records under the control of the juvenile court, an agency, or an official.

(4)

(a)	The petitioner is responsible for service of the expungement order issued under Subsection (3) to any affected agency or official.

(b)	To avoid destruction or sealing of the records in whole or in part, the agency or the official receiving the expungement order shall expunge only the references to the individual’s name in the records relating to the petitioner’s nonjudicial adjustment.

Repealed by Chapter 115, 2023 General Session
Renumbered and Amended by Chapter 261, 2021 General Session

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