2
3
4
5
6 Cosponsors:
7 Dan N. Johnson
Karianne Lisonbee
Karen M. Peterson
Ryan D. Wilcox
8
9 LONG TITLE
10 General Description:
11 This bill amends provisions related to juvenile justice.
12 Highlighted Provisions:
13 This bill:
14 ▸ addresses the use of juvenile delinquency records by public and private employers;
15 ▸ requires the State Board of Education to include information about dangerous
16 weapons in an annual report on school discipline and law enforcement action;
17 ▸ modifies a reporting requirement regarding a minor found with a dangerous weapon
18 on school grounds;
19 ▸ modifies the jurisdiction of the juvenile court;
20 ▸ amends provisions related to the inspection of juvenile records when a minor who is
21 14 years old or older is charged with a felony offense;
22 ▸ defines terms related to juvenile records;
23 ▸ amends and clarifies provisions regarding the vacatur of an adjudication in the
24 juvenile court;
25 ▸ clarifies the release of certain juvenile records;
26 ▸ amends provisions regarding a petition for expungement of a juvenile court record
27 with an adjudication, including the notice and hearing requirements for the petition;
28 ▸ allows for a petition for expungement of a juvenile court record consisting of
29 nonjudicial adjustments;
30 ▸ allows for a petition for expungement of a juvenile court record consisting of
31 records of arrest, investigation, detention, and delinquency petitions;
32 ▸ allows for a petition for expungement of records regarding a petition where the
33 allegations of delinquency were found to be not true;
34 ▸ allows for the automatic expungement of a successful nonjudicial adjustment
35 completed on or after October 1, 2023;
36 ▸ provides the requirements for expunging juvenile records;
37 ▸ addresses the distribution of an expungement order;
38 ▸ addresses agency duties regarding expungement orders;
39 ▸ addresses records in the custody of the Board of Pardons and Parole, the
40 Department of Corrections, or the Division of Child and Family Services;
41 ▸ addresses the effect of an expungement order;
42 ▸ provides that certain individuals may view or inspect expunged juvenile records;
43 ▸ repeals statutes related to the expungement of juvenile records; and
44 ▸ makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill provides a special effective date.
49 Utah Code Sections Affected:
50 AMENDS:
51 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
52 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
53 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
54 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
55 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
56 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
57 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
58 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
59 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
60 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
61 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
62 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
63 ENACTS:
64 80-6-1004.1, Utah Code Annotated 1953
65 80-6-1004.2, Utah Code Annotated 1953
66 80-6-1004.3, Utah Code Annotated 1953
67 80-6-1004.4, Utah Code Annotated 1953
68 80-6-1004.5, Utah Code Annotated 1953
69 80-6-1006.1, Utah Code Annotated 1953
70 RENUMBERS AND AMENDS:
71 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
72 261)
73 REPEALS:
74 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
75 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
76 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
77
78 Be it enacted by the Legislature of the state of Utah:
79 Section 1. Section 34-52-201 is amended to read:
80 34-52-201. Public employer requirements.
81 (1) A public employer may not exclude an applicant from an initial interview because
82 of a past criminal conviction or juvenile delinquency adjudication.
83 (2) A public employer excludes an applicant from an initial interview if the public
84 employer:
85 (a) requires an applicant to disclose, on an employment application, a criminal
86 conviction or juvenile delinquency adjudication;
87 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
88 or juvenile delinquency adjudication; or
89 (c) if no interview is conducted, requires an applicant to disclose, before making a
90 conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
91 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
92 criminal or juvenile delinquency history.
93 (b) An applicant seeking employment from a public employer may answer a question
94 related to an expunged criminal or juvenile delinquency record as though the action underlying
95 the expunged criminal or juvenile delinquency record never occurred.
96 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
97 employer from:
98 (a) asking an applicant for information about an applicant's criminal conviction or
99 juvenile delinquency history during an initial interview or after an initial interview; or
100 (b) considering an applicant's conviction or juvenile delinquency history when making
101 a hiring decision.
102 (5) Subsections (1) through (3) do not apply:
103 (a) to an applicant with a criminal conviction if federal, state, or local law, including
104 corresponding administrative rules, requires the consideration of [
105 conviction history;
106 (b) to a public employer that is a law enforcement agency;
107 (c) to a public employer that is part of the criminal or juvenile justice system;
108 (d) to a public employer seeking a nonemployee volunteer;
109 (e) to a public employer that works with children or vulnerable adults;
110 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
111 (g) to the State Tax Commission;
112 (h) to a public employer whose primary purpose is performing financial or fiduciary
113 functions; and
114 (i) to a public transit district hiring or promoting an individual for a safety sensitive
115 position described in Section 17B-2a-825.
116 Section 2. Section 34-52-301 is amended to read:
117 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
118 delinquency history.
119 An applicant seeking employment from a private employer may answer a question
120 related to an expunged criminal or juvenile delinquency record as though the action underlying
121 the expunged criminal or juvenile delinquency record never occurred.
122 Section 3. Section 53E-3-516 is amended to read:
123 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
124 authority.
125 (1) As used in this section:
126 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
127 [
128 discipline a student of that public school that includes a suspension or expulsion.
129 [
130 77-7a-103.
131 [
132 80-1-102.
133 [
134 interaction with a minor that does not result in an arrest, including:
135 (i) a search and seizure by an SRO;
136 (ii) issuance of a criminal citation;
137 (iii) issuance of a ticket or summons;
138 (iv) filing a delinquency petition; or
139 (v) referral to a probation officer.
140 [
141 conducts instruction for which student attendance is counted toward calculating average daily
142 membership.
143 [
144 camp, clinic, or other event or activity that is authorized by a specific public school, according
145 to LEA governing board policy, and satisfies at least one of the following conditions:
146 (A) the activity is managed or supervised by a school district, public school, or public
147 school employee;
148 (B) the activity uses the school district or public school facilities, equipment, or other
149 school resources; or
150 (C) the activity is supported or subsidized, more than inconsequentially, by public
151 funds, including the public school's activity funds or Minimum School Program dollars.
152 (ii) "School-sponsored activity" includes preparation for and involvement in a public
153 performance, contest, athletic competition, demonstration, display, or club activity.
154 [
155 defined in Section 53G-8-701.
156 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
157 the following incidents that occur on school grounds while school is in session or during a
158 school-sponsored activity:
159 (a) arrests of a minor;
160 (b) other law enforcement activities; [
161 (c) disciplinary actions[
162 (d) minors found in possession of a dangerous weapon.
163 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
164 the state board and LEAs to provide and validate data and information necessary to complete
165 the report described in Subsection (2), as requested by an LEA or the state board.
166 (4) The report described in Subsection (2) shall include the following information
167 listed separately for each LEA:
168 (a) the number of arrests of a minor, including the reason why the minor was arrested;
169 (b) the number of other law enforcement activities, including the following information
170 for each incident:
171 (i) the reason for the other law enforcement activity; and
172 (ii) the type of other law enforcement activity used;
173 (c) the number of disciplinary actions imposed, including:
174 (i) the reason for the disciplinary action; and
175 (ii) the type of disciplinary action;
176 (d) the number of SROs employed; [
177 (e) if applicable, the demographics of an individual who is subject to, as the following
178 are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[
179 (f) the number of minors found in possession of a dangerous weapon on school
180 grounds while school is in session or during a school-sponsored activity.
181 (5) The report described in Subsection (2) shall include the following information, in
182 aggregate, for each element described in Subsections (4)(a) through (c):
183 (a) age;
184 (b) grade level;
185 (c) race;
186 (d) sex; and
187 (e) disability status.
188 (6) Information included in the annual report described in Subsection (2) shall comply
189 with:
190 (a) Chapter 9, Part 3, Student Data Protection;
191 (b) Chapter 9, Part 2, Student Privacy; and
192 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
193 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
194 state board shall make rules to compile the report described in Subsection (2).
195 (8) The state board shall provide the report described in Subsection (2) in accordance
196 with Section 53E-1-203 for incidents that occurred during the previous school year.
197 Section 4. Section 53G-8-510 is amended to read:
198 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
199 from civil and criminal liability.
200 (1) As used in this section:
201 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
202 use or intended use is capable of causing death or serious bodily injury to an individual.
203 (b) "Minor" means the same as that term is defined in Section 80-1-102.
204 (c) "School employee" means an individual working in the individual's capacity as:
205 (i) a school teacher;
206 (ii) a school staff member;
207 (iii) a school administrator; or
208 (iv) an individual:
209 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
210 school district; and
211 (B) who works on a school campus.
212 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
213 (e) "School-sponsored activity" means the same as that term is defined in Section
214 53E-3-516.
215 (2) If a minor is found on school grounds when school is in session or at a
216 school-sponsored activity in possession of a dangerous weapon and that information is reported
217 to, or known by, a school employee, the school employee shall notify the principal.
218 (3) After receiving a notification under Subsection (2), the principal shall notify:
219 (a) a law enforcement officer or agency; and
220 (b) school or district personnel if the principal determines that school or district
221 personnel should be informed.
222 [
223
224
225
226 [
227 (3) and any person who receives the information is immune from any liability, civil or criminal,
228 that might otherwise result from the reporting or receipt of the information.
229 Section 5. Section 62A-5-308 is amended to read:
230 62A-5-308. Commitment -- Individual who is under 18 years old.
231 (1) The director of the division, or the director's designee, may commit an individual
232 under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
233 to the division for observation, diagnosis, care, and treatment if that commitment is based on:
234 (a) an emergency commitment in accordance with Section 62A-5-311; or
235 (b) involuntary commitment in accordance with Section 62A-5-312.
236 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
237 commenced by filing a written petition with the juvenile court under Section 62A-5-312.
238 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
239 described in Subsection [
240 (b) A juvenile court shall proceed with the written petition in the same manner and
241 with the same authority as the district court.
242 (4) If an individual who is under 18 years old is committed to the custody of the Utah
243 State Developmental Center by the juvenile court, the director or the director's designee shall
244 give the juvenile court written notice of the intention to release the individual not fewer than
245 five days before the day on which the individual is released.
246 Section 6. Section 77-38-14 is amended to read:
247 77-38-14. Notice of expungement petition -- Victim's right to object.
248 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
249 prepare a document explaining the right of a victim or a victim's representative to object to a
250 petition for expungement under Section 77-40a-305 or [
251 procedures for obtaining notice of the petition.
252 (b) The department or division shall provide each trial court a copy of the document
253 that has jurisdiction over delinquencies or criminal offenses subject to expungement.
254 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
255 accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
256 shall provide a copy of the document to each person who would be entitled to notice of a
257 petition for expungement under Sections 77-40a-305 and [
258 Section 7. Section 78A-6-103 is amended to read:
259 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
260 Findings -- Transfer of a case from another court.
261 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
262 court has original jurisdiction over:
263 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
264 state, or federal law, that was committed by a child;
265 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
266 state, or federal law, that was committed by an individual:
267 (i) who is under 21 years old at the time of all court proceedings; and
268 (ii) who was under 18 years old at the time the offense was committed; and
269 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
270 law, that was committed:
271 (i) by an individual:
272 (A) who was 18 years old and enrolled in high school at the time of the offense; and
273 (B) who is under 21 years old at the time of all court proceedings; and
274 (ii) on school property where the individual was enrolled:
275 (A) when school was in session; or
276 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
277 (2) The juvenile court has original jurisdiction over:
278 (a) any proceeding concerning:
279 [
280 [
281 Child Protective Orders;
282 [
283 who comes within the court's jurisdiction under other provisions of this section;
284 [
285 Emancipation;
286 [
287 Termination and Restoration of Parental Rights, including termination of residual parental
288 rights and duties;
289 [
290 [
291 accordance with Section 30-1-9;
292 [
293 [
294 [
295 [
296 with Section 62A-15-301;
297 [
298 6, Part 4, Competency;
299 [
300 adjudicative proceeding as provided in Section 63G-4-402;
301 [
302 78B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
303 terminating the rights of a parent and finds that adoption is in the best interest of the child;
304 [
305 Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
306 Juvenile Justice Services, the child has demonstrated that the child:
307 [
308 that the child's behavior or condition endangers the child's own welfare or the welfare of others;
309 or
310 [
311 [
312 an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
313 comply with a promise to appear and bring a child to the juvenile court[
314 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
315 Expungement; and
316 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
317 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
318 law under Section 80-6-701[
319 [
320 (4) This section does not restrict the right of access to the juvenile court by private
321 agencies or other persons.
322 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
323 arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
324 (6) The juvenile court has jurisdiction to make a finding of substantiated,
325 unsubstantiated, or without merit, in accordance with Section 80-3-404.
326 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
327 another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
328 Section 8. Section 78A-6-209 is amended to read:
329 78A-6-209. Court records -- Inspection.
330 (1) The juvenile court and the juvenile court's probation department shall keep records
331 as required by the board and the presiding judge.
332 (2) A court record shall be open to inspection by:
333 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
334 in the case, the attorneys, and agencies to which custody of a minor has been transferred;
335 (b) for information relating to adult offenders alleged to have committed a sexual
336 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
337 Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
338 purpose of evaluating whether an individual should be permitted to obtain or retain a license as
339 an educator or serve as an employee or volunteer in a school, with the understanding that the
340 State Board of Education must provide the individual with an opportunity to respond to any
341 information gathered from the State Board of Education's inspection of the records before the
342 State Board of Education makes a decision concerning licensure or employment;
343 (c) the Criminal Investigations and Technical Services Division, established in Section
344 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
345 and establishing good character for issuance of a concealed firearm permit as provided in
346 Section 53-5-704;
347 (d) the Division of Child and Family Services for the purpose of Child Protective
348 Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
349 hearings in accordance with Section 80-2-707;
350 (e) the Office of Licensing for the purpose of conducting a background check in
351 accordance with Section 62A-2-120;
352 (f) for information related to a minor who has committed a sexual offense, a felony, or
353 an offense that if committed by an adult would be a misdemeanor, the Department of Health
354 for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
355 licensee should be permitted to obtain or retain a license to provide child care, with the
356 understanding that the department must provide the individual who committed the offense with
357 an opportunity to respond to any information gathered from the Department of Health's
358 inspection of records before the Department of Health makes a decision concerning licensure;
359 (g) for information related to a minor who has committed a sexual offense, a felony, or
360 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
361 determine whether an individual meets the background screening requirements of Title 26,
362 Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
363 department must provide the individual who committed the offense an opportunity to respond
364 to any information gathered from the Department of Health's inspection of records before the
365 Department of Health makes a decision under that part; and
366 (h) for information related to a minor who has committed a sexual offense, a felony, or
367 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
368 determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
369 an individual who is seeking or who has obtained an emergency medical service personnel
370 license under Section 26-8a-302, with the understanding that the Department of Health must
371 provide the individual who committed the offense an opportunity to respond to any information
372 gathered from the Department of Health's inspection of records before the Department of
373 Health makes a determination.
374 (3) With the consent of the juvenile court, a court record may be inspected by the child,
375 by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
376 research studies.
377 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
378 who is 14 years old or older with an offense that would be a felony if committed by an adult,
379 the juvenile court shall make available to any person upon request the petition, any
380 adjudication or disposition orders, and the delinquency history summary for the minor.
381 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
382 if the juvenile court finds, on the record, that the records are closed for good cause.
383 [
384
385
386
387
388 (5) A juvenile probation officer's records and reports of social and clinical studies are
389 not open to inspection, except by consent of the juvenile court, given under rules adopted by
390 the board.
391 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
392 retrieving a requested record that has been archived.
393 Section 9. Section 78A-6-358 is amended to read:
394 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
395 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
396 minor is 21 years old, except:
397 (a) for an order of commitment to the Utah State Developmental Center or to the
398 custody of the Division of Substance Abuse and Mental Health;
399 (b) for an adoption under Subsection [
400 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
401 under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
402 (d) for a permanent order of custody and guardianship under Subsection
403 80-3-405(2)(d);
404 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
405 (f) as provided in Subsection (2).
406 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
407 court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
408 under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
409 minor is 25 years old.
410 Section 10. Section 78B-6-105 is amended to read:
411 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
412 over nonresidents -- Time for filing.
413 (1) An adoption proceeding shall be commenced by filing a petition in:
414 (a) the district court in the district where the prospective adoptive parent resides;
415 (b) if the prospective adoptive parent is not a resident of this state, the district court in
416 the district where:
417 (i) the adoptee was born;
418 (ii) the adoptee resides on the day on which the petition is filed; or
419 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
420 or
421 (c) the juvenile court as provided in Subsection [
422 78A-6-103(2)(a)(xiv) and Section 78A-6-350.
423 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
424 filed with the clerk of the court where the adoption proceeding is commenced under Subsection
425 (1).
426 (3) A petition for adoption:
427 (a) may be filed before the birth of a child;
428 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
429 the purpose of adoption; and
430 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
431 the home of the petitioners for the purpose of adoption, unless:
432 (i) the time for filing has been extended by the court; or
433 (ii) the adoption is arranged by a child-placing agency in which case the agency may
434 extend the filing time.
435 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
436 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
437 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
438 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
439 (b) The notice may not include the name of:
440 (i) a prospective adoptive parent; or
441 (ii) an unmarried mother without her consent.
442 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
443 over the person served in the same manner and to the same extent as if the person served was
444 served personally within the state.
445 (6) In the case of service outside the state, service completed not less than five days
446 before the time set in the notice for appearance of the person served is sufficient to confer
447 jurisdiction.
448 (7) Computation of periods of time not otherwise set forth in this section shall be made
449 in accordance with the Utah Rules of Civil Procedure.
450 Section 11. Section 80-6-1001 is amended to read:
451 80-6-1001. Definitions.
452 As used in this part:
453 (1) "Abstract" means a copy or summary of a court's disposition.
454 (2) (a) "Agency" means a state, county, or local government entity that generates or
455 maintains records [
456 expungement may be ordered under this part.
457 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
458 purposes of this part.
459 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
460 individual's juvenile record and in the custody of the juvenile court or an agency.
461 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
462 individual that are in the custody of the juvenile court or an agency.
463 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
464 Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
465 Parental Rights.
466 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
467 part.
468 [
469
470
471 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
472 renumbered and amended to read:
473 [
474 [
475
476
477 [
478 [
479 that the individual is alleged to have committed, or an offense that the individual committed,
480 before the individual was 18 years old may not disclose the record to a federal agency that is
481 responsible for criminal justice research or proceedings unless the court or the agency is
482 required to share the record under state or federal law.
483 [
484 traffic offense shall be submitted to the Department of Public Safety as provided in Section
485 53-3-218.
486 Section 13. Section 80-6-1002 is amended to read:
487 80-6-1002. Vacatur of an adjudication.
488 (1) [
489
490
491 [
492 [
493
494 (a) An individual who has been adjudicated for an offense by the juvenile court may
495 petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
496 of:
497 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
498 trafficking for labor while subject to force, fraud, or coercion;
499 (ii) Section 76-10-1302, prostitution;
500 (iii) Section 76-10-1304, aiding prostitution; or
501 (iv) Section 76-10-1313, sexual solicitation.
502 (b) The petitioner shall include in the petition the relevant juvenile court incident
503 number and any agencies known or alleged to have any [
504 offense for which vacatur is being sought.
505 (c) The petitioner shall include with the petition the original criminal history report
506 obtained from the Bureau of Criminal Identification in accordance with the provisions of
507 Section 53-10-108.
508 (d) The petitioner shall send a copy of the petition to the [
509
510 (2) (a) Upon the filing of a petition, the juvenile court shall:
511 (i) set a date for a hearing; and
512 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
513 notify the prosecuting attorney and any affected agency identified in the juvenile record:
514 (A) that a petition has been filed; and
515 (B) of the date of the hearing.
516 [
517
518 [
519
520 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
521 of a petition for vacatur.
522 [
523
524
525 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
526 receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
527 next of kin or authorized representative if the victim is a child or an individual who is
528 incapacitated or deceased, submits a written and signed request for notice to the court in the
529 judicial district in which the crime occurred or judgment was entered.
530 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
531 the petition.
532 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
533 person who may have relevant information about the petitioner may testify.
534 [
535
536 [
537 an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
538 shall consider whether the petitioner acted subject to force, fraud, or coercion[
539
540 [
541 petitioner was subject to force, fraud, or coercion[
542 of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
543 adjudication.
544 [
545 deny vacatur of the adjudication.
546 [
547
548 Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
549 adjudication unless the petitioner acted as a purchaser of any sexual activity.
550 [
551
552
553 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
554 an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
555 expungement of all records in the petitioner's juvenile record pertaining to the incident
556 identified in the petition, including relevant related records contained in the Management
557 Information System and the Licensing Information System.
558 (b) The juvenile court may not order expungement of any record in the petitioner's
559 juvenile record that contains an adjudication for a violation of:
560 (i) Section 76-5-202, aggravated murder; or
561 (ii) Section 76-5-203, murder.
562 [
563 expungement order [
564 officials.
565 (b) To avoid destruction or [
566 the agency or entity receiving the vacatur and expungement order shall only [
567 all references to the petitioner's name in the records pertaining to the relevant adjudicated
568 juvenile court incident.
569 (7) (a) Upon entry of a vacatur and expungement order under this section:
570 (i) the proceedings in the incident identified in the petition are considered never to
571 have occurred; and
572 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
573 occurred.
574 (b) Upon petition, any record expunged under this section may only be released to or
575 viewed by:
576 (i) the individual who is the subject of the record; or
577 (ii) a person named in the petition of vacatur.
578 [
579
580
581 [
582
583
584 [
585
586 [
587 [
588 Section 14. Section 80-6-1004.1 is enacted to read:
589 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
590 Order.
591 (1) An individual may petition the juvenile court for an order to expunge the
592 individual's juvenile record if:
593 (a) the individual was adjudicated for an offense in the juvenile court;
594 (b) the individual has reached 18 years old; and
595 (c) at least one year has passed from the day on which:
596 (i) the juvenile court's continuing jurisdiction was terminated; or
597 (ii) if the individual was committed to secure care, the individual was unconditionally
598 released from the custody of the division.
599 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
600 (1), the petition shall include a criminal history report obtained from the Bureau of Criminal
601 Identification in accordance with Section 53-10-108.
602 (3) If the juvenile court finds and states on the record the reason why the waiver is
603 appropriate, the juvenile court may waive:
604 (a) the age requirement under Subsection (1)(b) for a petition; or
605 (b) the one-year requirement under Subsection (1)(c) for a petition.
606 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
607 shall:
608 (i) set a date for a hearing; and
609 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
610 notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
611 record:
612 (A) that the petition has been filed; and
613 (B) of the date of the hearing.
614 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
615 of a petition described in Subsection (1).
616 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
617 of the petition at least 30 days before the day on which the hearing is scheduled if, before the
618 day on which an expungement order is made, the victim, or the victim's next of kin or
619 authorized representative if the victim is a child or an individual who is incapacitated or
620 deceased, submits a written and signed request for notice to the juvenile court in the judicial
621 district in which the offense occurred or judgment is entered.
622 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
623 and any statutes and rules applicable to the petition.
624 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
625 may have relevant information about the petitioner may testify.
626 (d) The juvenile court may waive the hearing for the petition if:
627 (i) (A) there is no victim; or
628 (B) if there is a victim, the victim agrees to the waiver; and
629 (ii) the prosecuting attorney agrees to the waiver.
630 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
631 described in Subsection (1) and order expungement of the petitioner's juvenile record if the
632 juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
633 accordance with Subsection (5)(b).
634 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
635 court shall consider:
636 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
637 petitioner;
638 (ii) the petitioner's response to programs and treatment;
639 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
640 (iv) the petitioner's behavior subsequent to adjudication;
641 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
642 and
643 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
644 (b)(ii):
645 (A) whether the offense for which the petitioner is a restricted person was committed
646 with a weapon;
647 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
648 to public safety; and
649 (C) the amount of time that has passed since the adjudication of the offense for which
650 the petitioner is a restricted person.
651 (6) The juvenile court may not grant a petition described in Subsection (1) and order
652 expungement of the petitioner's juvenile record if:
653 (a) the petitioner has been convicted of a violent felony within five years before the day
654 on which the petition for expungement is filed;
655 (b) there are delinquency or criminal proceedings pending against the petitioner;
656 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
657 court for an adjudication in the petitioner's juvenile record;
658 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
659 adjustment in the petitioner's juvenile record; or
660 (e) the petitioner's juvenile record contains an adjudication for a violation of:
661 (i) Section 76-5-202, aggravated murder; or
662 (ii) Section 76-5-203, murder.
663 Section 15. Section 80-6-1004.2 is enacted to read:
664 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
665 (1) An individual may petition the juvenile court for an order to expunge the
666 individual's juvenile record if:
667 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
668 (b) the individual's juvenile record is not eligible for automatic expungement under
669 Section 80-6-1004.5; and
670 (c) the individual has reached 18 years old.
671 (2) If the juvenile court finds and states on the record the reason why the waiver is
672 appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
673 petition.
674 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
675 described in Subsection (1) and order expungement of the petitioner's juvenile record.
676 (4) The juvenile court may not grant a petition described in Subsection (1) and order
677 expungement of the petitioner's juvenile record if:
678 (a) there are delinquency or criminal proceedings pending against the petitioner; or
679 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
680 adjustment in the petitioner's juvenile record.
681 Section 16. Section 80-6-1004.3 is enacted to read:
682 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
683 petition -- Screening -- Order.
684 (1) An individual may petition the juvenile court for an order to expunge the
685 individual's juvenile record if:
686 (a) the individual's juvenile record consists solely of records of arrest, investigation,
687 detention, or petitions that did not result in adjudication;
688 (b) the individual was not adjudicated for an offense in the juvenile court; and
689 (c) the individual has reached 18 years old.
690 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
691 (1), the petition shall include a criminal history report obtained from the Bureau of Criminal
692 Identification in accordance with Section 53-10-108.
693 (3) If the juvenile court finds and states on the record the reason why the waiver is
694 appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
695 petition.
696 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
697 notify the prosecuting attorney that the petition has been filed.
698 (b) Within 30 days after the day on which the notification is sent under Subsection
699 (4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
700 meets the requirements for expungement under this section.
701 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
702 described in Subsection (1) and order expungement of the petitioner's juvenile record if each
703 case identified in the petition:
704 (a) has been screened by the investigating law enforcement agency and the prosecuting
705 attorney has determined that no charges will be filed against the individual;
706 (b) resulted in all charges in the case being dismissed with prejudice;
707 (c) resulted in all charges in the case being dismissed without prejudice or without
708 condition and the prosecuting attorney consents to the expungement; or
709 (d) is barred from prosecution by the statute of limitations.
710 (6) The juvenile court may not grant a petition described in Subsection (1) and order
711 expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
712 pending against the petitioner.
713 Section 17. Section 80-6-1004.4 is enacted to read:
714 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
715 (1) An individual may petition the juvenile court, at any time, for an order to expunge
716 all records in the individual's juvenile record pertaining to an incident where a petition was
717 filed if:
718 (a) the incident was presented to the juvenile court for adjudication based upon an
719 admission, plea, or trial;
720 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
721 petition to be true;
722 (c) at least 30 days have passed since the day on which the juvenile court did not find
723 the allegations in the petition to be true; and
724 (d) an appeal has not been filed for the petition within the 30-day period described in
725 Subsection (1)(c).
726 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
727 (1), the petition shall include a criminal history report obtained from the Bureau of Criminal
728 Identification in accordance with Section 53-10-108.
729 (3) The juvenile court shall grant a petition described in Subsection (1), without a
730 hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
731 the incident.
732 Section 18. Section 80-6-1004.5 is enacted to read:
733 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
734 Effect of successful nonjudicial adjustment.
735 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
736 petition, an order to expunge an individual's juvenile record if:
737 (a) the individual has reached 18 years old;
738 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
739 (c) the individual has successfully completed each nonjudicial adjustment; and
740 (d) all nonjudicial adjustments were completed on or after October 1, 2023.
741 (2) An individual's juvenile record is not eligible for expungement under Subsection
742 (1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
743 (a) Section 41-6a-502, driving under the influence;
744 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
745 serious bodily injury;
746 (c) Section 76-5-206, negligent homicide;
747 (d) Section 76-9-702.1, sexual battery;
748 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
749 shotgun on or about school premises; or
750 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
751 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
752 were completed before October 1, 2023:
753 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never
754 have occurred if:
755 (i) the individual has reached 18 years old;
756 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
757 adjustment in the individual's juvenile record; and
758 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
759 Subsection (2); and
760 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
761 there never was a nonjudicial adjustment.
762 Section 19. Section 80-6-1006.1 is enacted to read:
763 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
764 order -- Agency duties -- Effect of expungement -- Access to expunged record.
765 (1) This section applies to an expungement order under Section 80-6-1004.1,
766 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
767 (2) The juvenile court may not order:
768 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
769 in the possession of the Board of Pardons and Parole or the Department of Corrections, except
770 that the juvenile court may order the Board of Pardons and Parole and the Department of
771 Corrections to restrict access to a record if the record is specifically identified in the
772 expungement order as a record in the possession of the Board of Pardons and Parole or the
773 Department of Corrections; or
774 (b) the Division of Child and Family Services to expunge a record in an individual's
775 juvenile record that is contained in the Management Information System or the Licensing
776 Information System unless:
777 (i) the record is unsupported; or
778 (ii) after notice and an opportunity to be heard, the Division of Child and Family
779 Services stipulates in writing to expunging the record.
780 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
781 copy of the expungement order to any affected agency or official identified in the juvenile
782 record.
783 (b) An individual who is the subject of an expungement order may deliver copies of the
784 expungement order to all agencies and officials affected by the expungement order.
785 (4) (a) Upon receipt of an expungement order, an agency shall:
786 (i) to avoid destruction or expungement of records in whole or in part, expunge only
787 the references to the individual's name in the records relating to the individual's adjudication,
788 nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
789 ordered; and
790 (ii) destroy all photographs and records created under Section 80-6-608, except that a
791 record of a minor's fingerprints may not be destroyed by an agency.
792 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
793 the individual who is the subject of the expungement order, or the individual's attorney, that the
794 agency has complied with the expungement order.
795 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
796 Department of Corrections:
797 (a) may not disclose records expunged in an expungement order unless required by
798 law;
799 (b) are not required to destroy any photograph or record created under Section
800 80-6-608;
801 (c) may use an expunged record for purposes related to incarceration and supervision
802 of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
803 purpose of making decisions about:
804 (i) the treatment and programming of the individual;
805 (ii) housing of the individual;
806 (iii) applicable guidelines regarding the individual; or
807 (iv) supervision conditions for the individual;
808 (d) are not prohibited from disclosing or sharing any information in an expunged
809 record with another agency that uses the same record management system as the Board of
810 Pardons and Parole or the Department of Corrections; and
811 (e) are not required to mail an affidavit under Subsection (4)(b).
812 (6) Upon entry of an expungement order:
813 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
814 detention for which the record is expunged is considered to have never occurred; and
815 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
816 on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
817 an arrest, an investigation, or a detention.
818 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
819 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
820 of the record.
821 Section 20. Repealer.
822 This bill repeals:
823 Section 80-6-1004, Requirements to apply to expunge an adjudication.
824 Section 80-6-1005, Nonjudicial adjustment expungement.
825 Section 80-6-1006, Effect of an expunged record -- Agency duties.
826 Section 21. Effective date.
827 This bill takes effect on October 1, 2023.