Repealed 10/1/2023)
Repealed 10/1/2023
80-6-1006. Effect of an expunged record — Agency duties.
| (1) |
Upon receipt of an expungement order under this part, an agency shall expunge all records described in the expungement order that are under the control of the agency in accordance with Subsection 80-6-1005(4)(b). |
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Terms Used In Utah Code 80-6-1006
- 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
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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) | | (ii) | the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102- Person: means :Utah Code 68-3-12.5
- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001 v2
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| (2) |
Upon the entry of the expungement order under this part:
| (a) |
an adjudication or a nonjudicial adjustment in a petitioner‘s case is considered to have never occurred; and |
| (b) |
the petitioner may reply to an inquiry on the matter as though there never was an adjudication or nonjudicial adjustment. |
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| (3) |
The following persons may inspect an expunged record upon a petition by an individual who is the subject of the record:
| (a) |
the individual who is the subject of the record; and |
| (b) |
a person that is named in the petition. |
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| (4) |
An agency named in an expungement order under this part shall mail an affidavit to the petitioner verifying the agency has complied with the expungement order. |
Repealed by Chapter 115, 2023 General Session
Renumbered and Amended by Chapter 261, 2021 General Session
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