1     
JUVENILE RECORD AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to juvenile records.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions regarding the inspection of juvenile court records;
13          ▸     defines terms;
14          ▸     addresses the expungement of a juvenile record;
15          ▸     amends the requirements for a petition of expungement of a juvenile record;
16          ▸     addresses the expungement of a petition for an offense that is found to be incorrect
17     or not true and petitions that are dismissed with prejudice;
18          ▸     clarifies the effect of an expungement order in the juvenile court;
19          ▸     allows an expunged record to be released or viewed by an individual who is the
20     subject of the expunged record;
21          ▸     addresses the retroactivity of Title 80, Chapter 6, Part 10, Juvenile Records and
22     Expungement; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          78A-6-209, as last amended by Laws of Utah 2021, Chapter 261
31          80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
32          80-6-1003, as enacted by Laws of Utah 2021, Chapter 261
33          80-6-1004, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
34     amended by Laws of Utah 2021, Chapter 261
35          80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
36     ENACTS:
37          80-6-1004.5, Utah Code Annotated 1953
38          80-6-1005.5, Utah Code Annotated 1953
39          80-6-1008, Utah Code Annotated 1953
40     REPEALS:
41          80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 78A-6-209 is amended to read:
45          78A-6-209. Court records -- Inspection.
46          (1) The juvenile court and the juvenile court's probation department shall keep records
47     as required by the board and the presiding judge.
48          (2) A court record shall be open to inspection by:
49          (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
50     in the case, the attorneys, and agencies to which custody of a minor has been transferred;
51          (b) for information relating to adult offenders alleged to have committed a sexual
52     offense, a felony or class A misdemeanor drug offense, or an offense against the person under
53     Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
54     of evaluating whether an individual should be permitted to obtain or retain a license as an
55     educator or serve as an employee or volunteer in a school, with the understanding that the State
56     Board of Education must provide the individual with an opportunity to respond to any
57     information gathered from the State Board of Education's inspection of the records before the
58     State Board of Education makes a decision concerning licensure or employment;
59          (c) the Criminal Investigations and Technical Services Division, established in Section
60     53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
61     and establishing good character for issuance of a concealed firearm permit as provided in
62     Section 53-5-704;
63          (d) the Division of Child and Family Services for the purpose of Child Protective
64     Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
65     administrative hearings in accordance with Section 62A-4a-1009;
66          (e) the Office of Licensing for the purpose of conducting a background check in
67     accordance with Section 62A-2-120;
68          (f) for information related to a minor who has committed a sexual offense, a felony, or
69     an offense that if committed by an adult would be a misdemeanor, the Department of Health
70     for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
71     licensee should be permitted to obtain or retain a license to provide child care, with the
72     understanding that the department must provide the individual who committed the offense with
73     an opportunity to respond to any information gathered from the Department of Health's
74     inspection of records before the Department of Health makes a decision concerning licensure;
75          (g) for information related to a minor who has committed a sexual offense, a felony, or
76     an offense that if committed by an adult would be a misdemeanor, the Department of Health to
77     determine whether an individual meets the background screening requirements of Title 26,
78     Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
79     department must provide the individual who committed the offense an opportunity to respond
80     to any information gathered from the Department of Health's inspection of records before the
81     Department of Health makes a decision under that part; and
82          (h) for information related to a minor who has committed a sexual offense, a felony, or
83     an offense that if committed by an adult would be a misdemeanor, the Department of Health to
84     determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
85     an individual who is seeking or who has obtained an emergency medical service personnel
86     license under Section 26-8a-302, with the understanding that the Department of Health must
87     provide the individual who committed the offense an opportunity to respond to any information
88     gathered from the Department of Health's inspection of records before the Department of
89     Health makes a determination.
90          (3) [With the consent of the juvenile court, a] A juvenile court record may be inspected
91     by the child, by persons having a legitimate interest in the proceedings, and by persons
92     conducting pertinent research studies[.] if the juvenile court:
93          (a) finds that there is good cause for the inspection; and
94          (b) provides written consent to the inspection.
95          (4) (a) If a petition is filed charging a minor who is 14 years old or older with an
96     offense that would be a felony if committed by an adult, the juvenile court [shall] may make
97     available to any person upon request the petition, any adjudication or disposition orders, and
98     the delinquency history summary of the minor charged [unless the records are closed by the
99     juvenile court upon findings on the record for good cause.] if:
100          (i) notice of the request is provided to the minor and the minor's attorney; and
101          (ii) the juvenile court finds there is good cause to make the records available.
102          (5) A juvenile probation officer's records and reports of social and clinical studies are
103     not open to inspection, except by consent of the juvenile court, given under rules adopted by
104     the board.
105          (6) The juvenile court may charge a reasonable fee to cover the costs associated with
106     retrieving a requested record that has been archived.
107          Section 2. Section 80-6-1001 is amended to read:
108          80-6-1001. Definitions.
109          As used in this part:
110          (1) "Abstract" means a copy or summary of a court's disposition.
111          (2) (a) "Agency" means a state, county, or local government entity that generates or
112     maintains records relating to a nonjudicial adjustment or an adjudication for which
113     expungement may be ordered under this part.
114          (b) "Agency" includes a local education agency as defined in Section 53E-1-102.
115          (3) "Expunge" means to seal or otherwise restrict access to an individual's record held
116     by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
117     of an offense in the juvenile court.
118          (4) "Petitioner" means an individual applying for expungement under this part.
119          Section 3. Section 80-6-1003 is amended to read:
120          80-6-1003. Court records -- Abstracts.
121          [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
122     expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
123     destroyed by an agency.]
124          [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
125          [(2)] (1) A court or agency with custody of an individual's record related to an offense
126     that the individual is alleged to have committed, or an offense that the individual committed,
127     before the individual was 18 years old may not disclose the record to a federal agency that is
128     responsible for criminal justice research or proceedings unless the court or the agency is
129     required to share the record under state or federal law.
130          [(3)] (2) An abstract of a juvenile court record for an adjudication of a traffic offense
131     shall be submitted to the Department of Public Safety as provided in Section 53-3-218.
132          Section 4. Section 80-6-1004 is amended to read:
133          80-6-1004. Petition to expunge records of adjudication, unsuccessful nonjudicial
134     adjustment, or arrest, investigation, or detention -- Notice and hearing on petition --
135     Expungement order -- Service of expungement order.
136          (1) (a) [Except as provided in Subsection (4), an] An individual who has been
137     adjudicated by a juvenile court for an offense may petition the juvenile court for an order to
138     expunge the individual's entire juvenile court record and any related records in the custody of
139     an agency if:
140          (i) the individual has reached 18 years old; and
141          (ii) at least one year has passed from the date of:
142          (A) termination of the continuing jurisdiction of the juvenile court; or
143          (B) the individual's unconditional release from the custody of the division if the
144     individual was committed to secure care.
145          [(b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile
146     court finds, and states on the record, the reason why the waiver is appropriate.]
147          [(c) The petitioner shall include in the petition described in Subsection (1)(a):]
148          [(i) any agency known or alleged to have any records related to the offense for which
149     expungement is being sought; and]
150          [(ii) the original criminal history report obtained from the Bureau of Criminal
151     Identification in accordance with Section 53-10-108.]
152          [(d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to
153     the county attorney or, if within a prosecution district, the district attorney.]
154          (b) If an individual's juvenile record consists solely of nonjudicial adjustments and
155     includes an unsuccessful nonjudicial adjustment, the individual may petition the juvenile court
156     for an order to expunge the individual's juvenile court record and any related records in the
157     custody of an agency when the individual has reached 18 years old.
158          (c) If an individual's juvenile record consists solely of arrest, investigation, or detention
159     records and the individual was not adjudicated for an offense, the individual may petition the
160     juvenile court for an order to expunge the individual's juvenile court record and any related
161     records in the custody of an agency if:
162          (i) the individual has reached 18 years old;
163          (ii) there are no delinquency proceedings pending against the individual; and
164          (iii) for the case for which the expungement is sought:
165          (A) charges are screened by the investigating law enforcement agency and the
166     prosecuting attorney makes a final determination that no charges will be filed against the
167     individual;
168          (B) all charges contained in the case are dismissed with prejudice;
169          (C) all charges contained in the case are dismissed without prejudice or without
170     condition and the prosecuting attorney consents to the expungement; or
171          (D) the statute of limitations expires on all charges contained in the case.
172          (2) (a) If a petitioner is 18 years old or older and seeks an expungement under
173     Subsection (1)(a), the petition shall include a criminal history report obtained from the Bureau
174     of Criminal Identification in accordance with Section 53-10-108.
175          (b) If a petitioner seeks an expungement under Subsection (1)(b) or (c), the petitioner is
176     not required to include a criminal history report, as described in Subsection (2)(a), with the
177     petition.
178          (3) The juvenile court may waive the age requirement in Subsection (1)(a), (b), or (c) if
179     the juvenile court finds and states on the record the reason why the waiver is appropriate.
180          [(e) (i)] (4) Upon the filing of a petition described in Subsection (1)[(a)], the juvenile
181     court shall:
182          [(A)] (a) set a date for a hearing; and
183          (b) at least 30 days before the day on which the hearing on the petition is scheduled:
184          [(B)] (i) notify the county attorney or district attorney and the agency with custody of
185     the records [at least 30 days before the day on which the hearing of the pendency of the petition
186     is scheduled; and] that a petition has been filed;
187          (ii) send a copy of the petition to the county attorney or district attorney; and
188          [(C)] (iii) notify the county attorney or district attorney and the agency with custody of
189     the records [that the petitioner is asking the court to expunge] of the date of the hearing.
190          [(ii) (A)] (5) (a) The juvenile court shall provide a victim with the opportunity to
191     request notice of a petition described in Subsection (1)(a).
192          [(B)] (b) Upon the victim's request under Subsection [(1)(e)(ii)(A)] (5)(a), the victim
193     shall receive notice of the petition at least 30 days before the day on which the hearing is
194     scheduled if, before the day on which an expungement order is made, the victim or, in the case
195     of a child or an individual who is incapacitated or deceased, the victim's next of kin or
196     authorized representative submits a written and signed request for notice to the juvenile court
197     in the judicial district in which the offense occurred or judgment is entered.
198          [(C)] (c) The notice described in Subsection [(1)(e)(ii)(B)] (5)(b) shall include a copy
199     of the petition described in Subsection (1)(a) and any statutes and rules applicable to the
200     petition.
201          [(2)] (6) (a) At the hearing described in Subsection [(1)(e)(i)] (4), the county attorney
202     or district attorney, a victim, and any other individual who may have relevant information
203     about the petitioner may testify.
204          (b) The juvenile court may waive the hearing for the petition described in Subsection
205     (1) if:
206          (i) there is no victim or the victim agrees to the waiver if there is a victim; and
207          (ii) the prosecuting attorney agrees to the waiver.
208          [(b)] (7) (a) In deciding whether to grant a petition described in Subsection (1)(a) for
209     expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has
210     been attained to the satisfaction of the juvenile court, including the petitioner's response to
211     programs and treatment[,] and the petitioner's behavior subsequent to the adjudication[, and the
212     nature and seriousness of the conduct].
213          [(c) (i)] (b) Except as provided in Subsection [(2)(c)(ii)] (8), a juvenile court may grant
214     a petition under Subsection (1)(a) or (b) and order expunged all of the petitioner's records under
215     the control of the juvenile court and an agency or an official if the juvenile court finds that:
216          [(A)] (i) the petitioner has not, in the five years preceding the day on which the petition
217     described in Subsection (1)(a) or (b) is filed, been convicted of a violent felony;
218          [(B)] (ii) there are no delinquency or criminal proceedings pending against the
219     petitioner; and
220          [(C)] (iii) a judgment for restitution entered by the juvenile court on the adjudication,
221     or any restitution that was a condition of the unsuccessful nonjudicial adjustment, for which the
222     expungement is sought has been satisfied.
223          (c) Except as provided in Subsection (8), a juvenile court shall grant a petition under
224     Subsection (1)(c) and order expunged all of the petitioner's records under the control of the
225     juvenile court and an agency or an official if the juvenile court finds that the petitioner meets
226     the requirements for expungement described in Subsection (1)(c).
227          [(ii) A] (8) (a) The juvenile court may not order the Division of Child and Family
228     Services to [seal] expunge a petitioner's record that is contained in the Management
229     Information System created in Section 62A-4a-1003 or the Licensing Information System
230     created in Section 62A-4a-1005 unless:
231          [(A)] (i) the record is unsupported; or
232          [(B)] (ii) after notice and an opportunity to be heard, the Division of Child and Family
233     Services stipulates in writing to [sealing] expunging the record.
234          [(3) (a) The petitioner is responsible for service of the expungement order issued under
235     Subsection (2) to any affected agency or official.]
236          [(b) To avoid destruction or sealing of the records in whole or in part, the agency or the
237     official receiving the expungement order described in Subsection (3)(a) shall only expunge all
238     references to the petitioner's name in the records pertaining to the petitioner's juvenile court
239     record.]
240          (b) The juvenile court may not order the Board of Pardons and Parole to expunge a
241     petitioner's record unless, after notice and an opportunity to be heard, the Board of Pardons and
242     Parole stipulates in writing to expunging the record.
243          [(4) (a)] (c) The juvenile court may not expunge a record if the record contains an
244     adjudication of:
245          (i) [Section 76-5-202,] aggravated murder, as described in Section 76-5-202; or
246          (ii) [Section 76-5-203,] murder, as described in Section 76-5-203.
247          (9) If the juvenile court issues an expungement order under this section, the juvenile
248     court is responsible for the service of the expungement order to any affected agency or official.
249          [(b)] (10) This section does not apply to an adjudication under [Part 3, Abuse, Neglect,
250     and Dependency Proceedings, Part 5, Termination of Parental Rights Act, or Part 14,
251     Restoration of Parental Rights Act] Chapter 3, Abuse, Neglect, and Dependency Proceedings,
252     or Chapter 4, Termination and Restoration of Parental Rights.
253          Section 5. Section 80-6-1004.5 is enacted to read:
254          80-6-1004.5. Requirements to expunge record of petition found to be untrue or
255     incorrect -- Expungement order -- Service of expungement order.
256          (1) If an individual's juvenile record consists solely of a petition with allegations found
257     to be not true or incorrect by the juvenile court, the individual may petition the juvenile court,
258     at any time, for an order to expunge the individual's juvenile court record and any related
259     records in the custody of an agency.
260          (2) Upon the filing of the petition described in Subsection (1), the juvenile court shall,
261     without a hearing, order expungement of all the petitioner's records under the control of the
262     juvenile court, an agency, or an official.
263          (3) If the juvenile court issues an expungement order under this section, the juvenile
264     court is responsible for the service of the expungement order to any affected agency or official.
265          Section 6. Section 80-6-1005.5 is enacted to read:
266          80-6-1005.5. Automatic expungement of record of successful nonjudicial
267     adjustment -- Process for automatic expungement -- Order and notice of automatic
268     expungement.
269          (1) The juvenile court shall issue, without a petition, an order to expunge an
270     individual's juvenile court record and any related records in the custody of an agency that
271     consists solely of nonjudicial adjustments if:
272          (a) the individual has reached 18 years old; and
273          (b) the individual has successfully completed each nonjudicial adjustment.
274          (2) If the individual, who is eligible for expungement under Subsection (1), turns 18
275     years old before May 4, 2022, the juvenile court shall order the individual's juvenile court
276     record to be expunged within one year after the day on which the juvenile court identifies the
277     individual's juvenile court record is eligible for expungement under Subsection (1) or before
278     May 1, 2025, whichever is earlier.
279          (3) If a juvenile court determines that the requirements for automatic expungement
280     have been met under Subsection (1), the juvenile court shall:
281          (a) order the petitioner's records described in Subsection (1) that are in the custody of
282     the juvenile court or any other agency or official, including relevant records contained in the
283     Management Information System, created in Section 62A-4a-1003, and the Licensing
284     Information System, created in Section 62A-4a-1005, be expunged; and
285          (b) notify all agencies and officials affected by the expungement order.
286          Section 7. Section 80-6-1006 is amended to read:
287          80-6-1006. Effect of an expunged record -- Agency duties.
288          (1) (a) Upon receipt of an expungement order under this part[,]:
289          (i) an agency shall expunge all records described in the expungement order that are
290     under the control of the agency [in accordance with Subsection 80-6-1005(4)(b).];
291          [(2) Upon the entry of the expungement order under this part:]
292          [(a) an adjudication or a nonjudicial adjustment in a petitioner's case is considered to
293     have never occurred; and]
294          [(b) the petitioner may reply to an inquiry on the matter as though there never was an
295     adjudication or nonjudicial adjustment.]
296          [(3) The following persons may inspect an expunged record upon a petition by an
297     individual who is the subject of the record:]
298          [(a) the individual who is the subject of the record; and]
299          [(b) a person that is named in the petition.]
300          (ii) an adjudication, a nonjudicial adjustment, a petition, or an arrest, investigation, or
301     detention for which the record is expunged under this part is considered to have never
302     occurred; and
303          (iii) the petitioner may reply to an inquiry on the matter as though there never was an
304     adjudication, a nonjudicial adjustment, a petition, or an arrest, investigation, or detention.
305          (b) Except as provided in Subsection (1)(c), to avoid destruction or sealing of the
306     records in whole or in part, the agency or the official receiving the expungement order shall
307     expunge only the references to the individual's name in the records relating to the petitioner's
308     adjudication, nonjudicial adjustment, petition, or arrest, investigation, or detention for which
309     expungement was ordered.
310          (c) Except as provided in Subsection (1)(d), a minor's juvenile record is expunged, and
311     upon a court order, all photographs or records under Section 80-6-608 shall be destroyed by an
312     agency.
313          (d) A record of a minor's fingerprints may not be destroyed by an agency.
314          (2) Records expunged under this part may be released to or viewed by the individual
315     who is the subject of the record.
316          [(4)] (3) An agency named in an expungement order under this part shall mail an
317     affidavit to the petitioner or the petitioner's attorney verifying the agency has complied with the
318     expungement order.
319          Section 8. Section 80-6-1008 is enacted to read:
320          80-6-1008. Retroactive application.
321          Sections 80-6-1004 though 80-6-1007 of this part apply retroactively to all arrests,
322     investigations, detentions, nonjudicial adjustments, petitions, and adjudications regardless of
323     the date on which the arrests, investigations, detentions, nonjudicial adjustments, petitions, or
324     adjudications were made or entered.
325          Section 9. Repealer.
326          This bill repeals:
327          Section 80-6-1005, Nonjudicial adjustment expungement.