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5 This act modifies the Juvenile Court Act by clarifying the steps necessary to expunge a
6 record in the Juvenile Court. It requires that the petitioner be over 18 years of age, have
7 completed all court requirements, and not have an adult criminal record. The statute is
8 further modified by requiring notification of victims and allowing for expungement of
9 nonjudicial closures.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 53-10-108, as last amended by Chapter 227, Laws of Utah 1999
13 78-3a-905, as last amended by Chapter 1, Laws of Utah 2000
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53-10-108 is amended to read:
16 53-10-108. Restrictions on access, use, and contents of division records -- Limited use
17 of records for employment purposes -- Challenging accuracy of records -- Usage fees --
18 Missing children records.
19 (1) Dissemination of information from a criminal history record or warrant of arrest
20 information from division files is limited to:
21 (a) criminal justice agencies for purposes of administration of criminal justice and for
22 employment screening by criminal justice agencies;
23 (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
24 executive order, court rule, court order, or local ordinance;
25 (c) agencies or individuals for the purpose of obtaining required clearances connected with
26 foreign travel or obtaining citizenship;
27 (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
28 agency to provide services required for the administration of criminal justice;
29 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
30 purposes for which given, and ensure the security and confidentiality of the data;
31 (e) agencies or individuals for the purpose of a preplacement adoptive study, in accordance
32 with the requirements of Section 78-30-3.5 ;
33 (f) (i) agencies and individuals as the commissioner authorizes for the express purpose of
34 research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
35 agency; and
36 (ii) private security agencies through guidelines established by the commissioner for
37 employment background checks for their own employees and prospective employees;
38 (g) a qualifying entity for employment background checks for their own employees and
39 persons who have applied for employment with the qualifying entity; and
40 (h) other agencies and individuals as the commissioner authorizes and finds necessary for
41 protection of life and property and for offender identification, apprehension, and prosecution
42 pursuant to an agreement.
43 (2) An agreement under Subsection (1)(f) or (1)(h) shall specifically authorize access to
44 data, limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity
45 of individuals to whom the information relates, and ensure the confidentiality and security of the
47 (3) (a) Before requesting information under Subsection (1)(g), a qualifying entity must
48 obtain a signed waiver from the person whose information is requested.
49 (b) The waiver must notify the signee:
50 (i) that a criminal history background check will be conducted;
51 (ii) who will see the information; and
52 (iii) how the information will be used.
53 (c) Information received by a qualifying entity under Subsection (1)(g) may only be:
54 (i) available to persons involved in the hiring or background investigation of the employee;
56 (ii) used for the purpose of assisting in making an employment or promotion decision.
57 (d) A person who disseminates or uses information obtained from the division under
58 Subsection (1)(g) for purposes other than those specified under Subsection (3)(c), in addition to
59 any penalties provided under this section, is subject to civil liability.
60 (e) A qualifying entity that obtains information under Subsection (1)(g) shall provide the
61 employee or employment applicant an opportunity to:
62 (i) review the information received as provided under Subsection (8); and
63 (ii) respond to any information received.
64 (f) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
65 division may make rules to implement this Subsection (3).
66 (g) (i) The applicant fingerprint card fee under Subsection (1)(g) is $15.
67 (ii) The name check fee under Subsection (1)(g) is $10.
68 (iii) These fees remain in effect until changed by the division through the process under
69 Section 63-38-3.2 .
70 (iv) Funds generated under Subsections (3)(g)(i), (3)(g)(ii), and (8)(b) shall be deposited
71 in the General Fund as a dedicated credit by the department to cover the costs incurred in providing
72 the information.
73 (h) The division or its employees are not liable for defamation, invasion of privacy,
74 negligence, or any other claim in connection with the contents of information disseminated under
75 Subsection (1)(g).
76 (4) Any criminal history record information obtained from division files may be used only
77 for the purposes for which it was provided and may not be further disseminated.
78 (5) If an individual has no prior criminal convictions, criminal history record information
79 contained in the division's computerized criminal history files may not include arrest or disposition
80 data concerning an individual who has been acquitted, his charges dismissed, or when no
81 complaint against him has been filed.
82 (6) (a) This section does not preclude the use of the division's central computing facilities
83 for the storage and retrieval of criminal history record information.
84 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
85 unauthorized agencies or individuals.
86 (7) Direct access through remote computer terminals to criminal history record information
87 in the division's files is limited to those agencies authorized by the commissioner under
88 procedures designed to prevent unauthorized access to this information.
89 (8) (a) The commissioner shall establish procedures to allow an individual right of access
90 to review and receive a copy of his criminal history [
91 (b) A processing fee for the right of access service, including obtaining a copy of the
92 individual's criminal history report under Subsection (8)(a) is $10. This fee remains in effect until
93 changed by the commissioner through the process under Section 63-38-3.2 .
94 (c) (i) The commissioner shall establish procedures for an individual to challenge the
95 completeness and accuracy of criminal history record information contained in the division's
96 computerized criminal history files regarding that individual.
97 (ii) These procedures shall include provisions for amending any information found to be
98 inaccurate or incomplete.
99 (9) The private security agencies as provided in Subsection (1)(f)(ii):
100 (a) shall be charged for access; and
101 (b) shall be registered with the division according to rules made by the division under Title
102 63, Chapter 46a, Utah Administrative Rulemaking Act.
103 (10) Before providing information requested under this section, the division shall give
104 priority to criminal justice agencies needs.
105 (11) (a) Misuse of access to criminal history record information is a class B misdemeanor.
106 (b) The commissioner shall be informed of the misuse.
107 Section 2. Section 78-3a-905 is amended to read:
108 78-3a-905. Expungement of juvenile court record -- Petition -- Procedure.
109 (1) (a) [
112 (i) he has reached 18 years of age; and
113 (ii) one year has elapsed from the date of termination of the continuing jurisdiction of the
114 juvenile court or, in case he was committed to a secure youth corrections facility, one year from
115 the date of his unconditional release from the [
116a S (b) THE COURT MAY WAIVE THE REQUIREMENTS IN SUBSECTION (1)(a) IF THE COURT FINDS,
116b AND STATES ON THE RECORD, THE REASON WHY THE WAIVER IS APPROPRIATE. s
117 S [
118 obtained from the Bureau of Criminal Identification in accordance with the provisions of
119 Subsection 53-10-108 (8).
120 S [
121 prosecution district, the district attorney.
123 notify the county attorney or[
124 with custody of the records of the pendency of the petition and of the date of the hearing. Notice
125 shall be given at least 30 days prior to the hearing.
126 (ii) The court shall provide a victim with the opportunity to request notice of a petition for
127 expungement. A victim shall receive notice of a petition for expungement at least 30 days prior
128 to the hearing if, prior to the entry of an expungement order, the victim or, in the case of a minor
129 or a person who is incapacitated or deceased, the victim's next of kin or authorized representative,
130 submits a written and signed request for notice to the court in the judicial district in which the
131 crime occurred or judgment was entered. The notice shall include a copy of the petition and
132 statutes and rules applicable to the petition.
134 other person who may have relevant information about the petitioner may testify [
140 (b) In deciding whether to grant a petition for expungement, the court shall consider
141 whether the rehabilitation of the petitioner has been attained to the satisfaction of the court, [
143 petitioner's response to programs and treatment, his behavior subsequent to adjudication, and the
144 nature and seriousness of the conduct.
145 (c) The court may order sealed all petitioner's records under the control of the juvenile
146 court and any of petitioner's records [
147 pertaining to the petitioner's adjudicated juvenile court cases[
152 (i) the petitioner has not, since the termination of the court's jurisdiction or his
153 unconditional release from the Division of Youth Corrections, been convicted of a:
154 (A) felony; or
155 (B) misdemeanor involving moral turpitude; and
156 (ii) no proceeding involving a felony or misdemeanor is pending or being instituted against
158 (3) The petitioner shall be responsible for service of the order of expungement to all
159 affected state, county, and local entities, agencies, and officials. To avoid destruction or sealing
160 of the records in whole or in part, the agency or entity receiving the expungement order shall only
161 expunge all references to the petitioner's name in the records pertaining to the petitioner's
162 adjudicated juvenile court cases. [
165 considered never to have occurred and the petitioner may properly reply accordingly upon any
166 inquiry in the matter. Inspection of the records may thereafter only be permitted by the court upon
167 petition by the person who is the subject of the records, and only to persons named in the petition.
168 (5) The court may not expunge a juvenile court record if the record contains an
169 adjudication of:
170 (a) Section 76-5-202 , aggravated murder; or
171 (b) Section 76-5-203 , murder.
172 (6) (a) A person whose juvenile court record consists solely of nonjudicial adjustments as
173 provided in Section 78-3a-502 may petition the court for expungement of his record if the person:
174 (i) has reached 18 years of age; and
175 (ii) has completed the conditions of the nonjudicial adjustments.
176 (b) The court shall, without a hearing, order sealed all petitioner's records under the control
177 of the juvenile court and any of petitioner's records under the control of any other agency or official
178 pertaining to the petitioner's nonjudicial adjustments.
Legislative Review Note
as of 11-15-01 1:25 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
The Judiciary Interim Committee recommended this bill.
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