78A-6-209. Court records -- Inspection.
(1) The court and the probation department shall keep records as required by the board
and the presiding judge.
(2) Court records shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years of age, other
parties in the case, the attorneys, and agencies to which custody of a minor has been transferred;
(b) for information relating to adult offenders alleged to have committed a sexual
offense, a felony or class A misdemeanor drug offense, or an offense against the person under
Title 76, Chapter 5, Offenses Against the Person, the State Office of Education for the purpose of
evaluating whether an individual should be permitted to obtain or retain a license as an educator
or serve as an employee or volunteer in a school, with the understanding that the office must
provide the individual with an opportunity to respond to any information gathered from its
inspection of the records before it makes a decision concerning licensure or employment;
(c) the Criminal Investigations and Technical Services Division, established in Section
53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
and establishing good character for issuance of a concealed firearm permit as provided in Section
53-5-704;
(d) the Division of Child and Family Services for the purpose of Child Protective
Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
administrative hearings in accordance with Section 62A-4a-1009; and
(e) for information related to a juvenile offender who has committed a sexual offense, a
felony, or an offense which if committed by an adult would be a misdemeanor, the Department of
Health, for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
licensee should be permitted to obtain or retain a license to provide child care, with the
understanding that the department must provide the individual who committed the offense with
an opportunity to respond to any information gathered from its inspection of records before it
makes a decision concerning licensure.
(3) With the consent of the judge, court records may be inspected by the child, by
persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor 14 years of age or older with an offense that
would be a felony if committed by an adult, the court shall make available to any person upon
request the petition, any adjudication or disposition orders, and the delinquency history summary
of the minor charged unless the records are closed by the court upon findings on the record for
good cause.
(5) Probation officers' records and reports of social and clinical studies are not open to
inspection, except by consent of the court, given under rules adopted by the board.
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
history summary of any person charged as an adult with a felony offense shall be made available
to any person upon request.
(b) This provision does not apply to records that have been destroyed or expunged in
accordance with court rules.
(c) The court may charge a reasonable fee to cover the costs associated with retrieving a
requested record that has been archived.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 111, 2008 General Session
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Last revised: Thursday, May 28, 2009