H.B. 355

1

EXPUNGEMENT OF RECORDS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brent H. Goodfellow
5 AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR ONLY
6 THE EXPUNGEMENT OF ALL REFERENCES TO THE PETITIONER IN RECORDS UPON
7 THE GRANTING OF AN EXPUNGEMENT BY THE COURT, BUT NOT THE
8 DESTRUCTION OR SEALING OF THE RECORDS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-18-14, as enacted by Chapter 143, Laws of Utah 1994
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-18-14 is amended to read:
14 77-18-14. Order to expunge -- Distribution of order -- Redaction -- Receipt of order
15 -- Administrative proceedings -- Division requirements.
16 (1) Except as otherwise provided in this chapter, upon approval of a petition for
17 expungement, the court shall enter an order to expunge all records in the petitioner's case which
18 are in the custody of that court or in the custody of any other court, agency, or official.
19 (2) The petitioner shall be responsible for service of the order of expungement to all
20 affected state, county, and local entities, agencies, and officials including the court, arresting
21 agency, booking agency, Department of Corrections, and the division.
22 (3) The division shall forward a copy of the expungement order to the Federal Bureau of
23 Investigation.
24 (4) [Any] In order to avoid destruction or sealing of the records in whole or in part, any
25 state, county, or local entity, agency, or official receiving an expungement order shall only expunge
26 all [records pertaining to the order except that the entity, agency, or official] references to the
27 petitioner's name. The petitioner, based on good cause, may petition the court to [modify its order

28 to permit redaction of the petitioner's name to avoid destruction or sealing of] expunge the records
29 in whole or in part.
30 (5) No state, county, or local entity, agency, or official may, after receiving service of an
31 expungement order, divulge information contained in the expunged h PORTION OF THE h record.
32 (6) (a) An order of expungement shall not restrict an agency's use or dissemination of
33 records in its ordinary course of business until the agency has received service of a copy of the
34 order.
35 (b) Any action taken by an agency after issuance of the order but prior to the agency's
36 receipt of a copy of the order may not be invalidated by the order.
37 (7) An order of expungement may not:
38 (a) terminate or invalidate any pending administrative proceedings or actions of which the
39 petitioner had notice according to the records of the administrative body prior to issuance of the
40 expungement order;
41 (b) affect the enforcement of any order or findings issued by an administrative body
42 pursuant to its lawful authority prior to issuance of the expungement order; or
43 (c) remove any evidence relating to the petitioner including records of arrest, which the
44 administrative body has used or may use in these proceedings.
45 (8) The division shall provide the petitioner with a list of the agencies affected by this
46 subsection with clear written directions regarding the requirements of this section.




Legislative Review Note
as of 2-4-99 2:19 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel