Title 80  Chapter 6  Part 10  Section 1004.5

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IndexUtah Code
Title 80Utah Juvenile Code
Chapter 6Juvenile Justice
Part 10Juvenile Records and Expungement
Section 1004.5Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.
(Effective 5/7/2025)

Effective 5/7/2025
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:
(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.
(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;
(d)Section 76-5-418, sexual battery;
(e)Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school;
(f)Section 76-11-206, carrying a dangerous weapon at a daycare; or
(g)Section 76-11-211, possession of a dangerous weapon by a minor.
(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
(b)the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment.


Amended by Chapter 173, 2025 General Session
Amended by Chapter 208, 2025 General Session
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