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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to fees for expungement.
10 Highlighted Provisions:
11 This bill:
12 ▸ extends the automatic repeal dates for the suspension of fees for a certificate of
13 eligibility and a petition for expungement; and
14 ▸ extends the suspension of fees dates for a certificate of eligibility and a petition for
15 expungement.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 63I-1-277, as last amended by Laws of Utah 2022, Chapter 384 and last amended by
23 Coordination Clause, Laws of Utah 2022, Chapter 384
24 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
25 77-40a-304, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
26 amended by Laws of Utah 2022, Chapter 250 and last amended by Coordination
27 Clause, Laws of Utah 2022, Chapter 384
28 78A-2-301, as last amended by Laws of Utah 2022, Chapters 276, 384
29 78A-2-301.5, as last amended by Laws of Utah 2022, Chapter 384
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63I-1-277 is amended to read:
33 63I-1-277. Repeal dates: Title 77.
34 Subsection 77-40a-304(5), regarding the suspension of issuance fees for certificates of
35 eligibility, is repealed on [
36 Section 2. Section 63I-1-278 is amended to read:
37 63I-1-278. Repeal dates: Title 78A and Title 78B.
38 (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing
39 fees for petitions for expungement, are repealed on [
40 (2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
41 repealed July 1, 2029.
42 (3) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving a
43 domestic violence offense from the justice court to the district court, is repealed on July 1,
44 2024.
45 (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
46 convicted of an offense, is repealed on July 1, 2025.
47 (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
48 2026.
49 (6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
50 Support Guidelines Advisory Committee, is repealed July 1, 2026.
51 (7) Section 78B-22-805, regarding the Interdisciplinary Parental Representation Pilot
52 Program, is repealed December 31, 2024.
53 Section 3. Section 77-40a-304 is amended to read:
54 77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
55 (1) (a) When a petitioner applies for a certificate of eligibility as described in
56 Subsection 77-40a-301(1), the bureau shall perform a check of records of governmental
57 agencies, including national criminal data bases, to determine whether the petitioner is eligible
58 to receive a certificate of eligibility under this chapter.
59 (b) For purposes of determining eligibility under this chapter, the bureau may review
60 records of arrest, investigation, detention, and conviction that have been previously expunged,
61 regardless of the jurisdiction in which the expungement occurred.
62 (c) Once the eligibility process is complete, the bureau shall notify the petitioner.
63 (d) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303:
64 (i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
65 from the day on which the certificate is issued;
66 (ii) the bureau shall provide a petitioner with an identification number for the
67 certificate of eligibility; and
68 (iii) the petitioner shall pay the issuance fee established by the department as described
69 in Subsection (2).
70 (e) If, after reasonable research, a disposition for an arrest on the criminal history file is
71 unobtainable, the bureau may issue a special certificate giving determination of eligibility to
72 the court if:
73 (i) there are no criminal proceedings or pleas in abeyance pending against the
74 petitioner; and
75 (ii) the petitioner is not currently on probation or parole.
76 (2) (a) The bureau shall charge application and issuance fees for a certificate of
77 eligibility or special certificate in accordance with the process in Section 63J-1-504.
78 (b) The application fee shall be paid at the time the petitioner submits an application
79 for a certificate of eligibility to the bureau.
80 (c) If the bureau determines that the issuance of a certificate of eligibility or special
81 certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
82 certificate of eligibility or special certificate unless Subsection (2)(d) applies.
83 (d) An issuance fee may not be assessed against a petitioner who qualifies for a
84 certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant
85 to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion
86 agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
87 (e) Funds generated under this Subsection (2) shall be deposited [
88 Fund as a dedicated credit by the department to cover the costs incurred in determining
89 eligibility.
90 (3) The bureau shall include on the certificate of eligibility all information that is
91 needed for the court to issue a valid expungement order.
92 (4) The bureau shall provide clear written instructions to the petitioner that explain:
93 (a) the process for a petition for expungement; and
94 (b) what is required of the petitioner to complete the process for a petition for
95 expungement.
96 (5) (a) The requirement for a petitioner to pay an issuance fee for a certificate of
97 eligibility or a special certificate of eligibility under Subsection (2) is suspended from [
98
99 (b) The bureau may not charge a fee for the issuance of a certificate of eligibility or a
100 special certificate of eligibility during the time period described in Subsection (5)(a).
101 Section 4. Section 78A-2-301 is amended to read:
102 78A-2-301. Civil fees of the courts of record -- Courts complex design.
103 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
104 court of record not governed by another subsection is $375.
105 (b) The fee for filing a complaint or petition is:
106 (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
107 interest, and attorney fees is $2,000 or less;
108 (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
109 interest, and attorney fees is greater than $2,000 and less than $10,000;
110 (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
111 (iv) $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
112 4, Separate Maintenance;
113 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
114 (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
115 Registry under Section 77-41-112; and
116 (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
117 adoptive child of the petitioner.
118 (c) The fee for filing a small claims affidavit is:
119 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
120 interest, and attorney fees is $2,000 or less;
121 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
122 interest, and attorney fees is greater than $2,000, but less than $7,500; and
123 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
124 interest, and attorney fees is $7,500 or more.
125 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
126 complaint, or other claim for relief against an existing or joined party other than the original
127 complaint or petition is:
128 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
129 $2,000 or less;
130 (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
131 greater than $2,000 and less than $10,000;
132 (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
133 $10,000 or more, or the party seeks relief other than monetary damages; and
134 (iv) $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
135 Chapter 4, Separate Maintenance.
136 (e) The fee for filing a small claims counter affidavit is:
137 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
138 $2,000 or less;
139 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
140 greater than $2,000, but less than $7,500; and
141 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
142 $7,500 or more.
143 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
144 action already before the court is determined under Subsection (1)(b) based on the amount
145 deposited.
146 (g) The fee for filing a petition is:
147 (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
148 department; and
149 (ii) $80 for an appeal of a municipal administrative determination in accordance with
150 Section 10-3-703.7.
151 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
152 petition for writ of certiorari is $240.
153 (i) The fee for filing a petition for expungement is $150.
154 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
155 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
156 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
157 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
158 Act.
159 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
160 allocated by the state treasurer to be deposited into the restricted account, Children's Legal
161 Defense Account, as provided in Section 51-9-408.
162 (iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
163 and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
164 in Section 78B-6-209.
165 (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
166 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
167 deposited into the restricted account, Court Security Account, as provided in Section
168 78A-2-602.
169 (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
170 and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account,
171 Court Security Account, as provided in Section 78A-2-602.
172 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
173 United States is $35.
174 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
175 50% of the fee for filing an original action seeking the same relief.
176 (m) The fee for filing probate or child custody documents from another state is $35.
177 (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
178 State Tax Commission is $30.
179 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
180 or a judgment, order, or decree of an administrative agency, commission, board, council, or
181 hearing officer of this state or of its political subdivisions other than the State Tax
182 Commission, is $50.
183 (o) The fee for filing a judgment by confession without action under Section
184 78B-5-205 is $35.
185 (p) The fee for filing an award of arbitration for confirmation, modification, or
186 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
187 action before the court is $35.
188 (q) The fee for filing a petition or counter-petition to modify a domestic relations order
189 other than a protective order or stalking injunction is $100.
190 (r) The fee for filing any accounting required by law is:
191 (i) $15 for an estate valued at $50,000 or less;
192 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
193 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
194 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
195 (v) $175 for an estate valued at more than $168,000.
196 (s) The fee for filing a demand for a civil jury is $250.
197 (t) The fee for filing a notice of deposition in this state concerning an action pending in
198 another state under Utah Rules of Civil Procedure, Rule 30 is $35.
199 (u) The fee for filing documents that require judicial approval but are not part of an
200 action before the court is $35.
201 (v) The fee for a petition to open a sealed record is $35.
202 (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
203 addition to any fee for a complaint or petition.
204 (x) (i) The fee for a petition for authorization for a minor to marry required by Section
205 30-1-9 is $5.
206 (ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
207 Emancipation, is $50.
208 (y) The fee for a certificate issued under Section 26-2-25 is $8.
209 (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
210 page.
211 (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
212 per page.
213 (bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
214 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
215 Government Records Access and Management Act. Fees under Subsection (1)(bb) and (cc)
216 shall be credited to the court as a reimbursement of expenditures.
217 (cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
218 the public to conduct a limited amount of searches on the Xchange database without having to
219 pay a monthly subscription fee.
220 (dd) There is no fee for services or the filing of documents not listed in this section or
221 otherwise provided by law.
222 (ee) Except as provided in this section, all fees collected under this section are paid to
223 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
224 accepts the pleading for filing or performs the requested service.
225 (ff) The filing fees under this section may not be charged to the state, the state's
226 agencies, or political subdivisions filing or defending any action. In judgments awarded in
227 favor of the state, its agencies, or political subdivisions, except the Office of Recovery
228 Services, the court shall order the filing fees and collection costs to be paid by the judgment
229 debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit
230 to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
231 (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
232 transfer all revenues representing the difference between the fees in effect after May 2, 1994,
233 and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
234 Construction and Management Capital Projects Fund.
235 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
236 Construction and Management shall use up to $3,750,000 of the revenue deposited into the
237 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
238 initiate the development of a courts complex in Salt Lake City.
239 (B) If the Legislature approves funding for construction of a courts complex in Salt
240 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
241 Management shall use the revenue deposited into the Capital Projects Fund under this
242 Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
243 (C) After the courts complex is completed and all bills connected with its construction
244 have been paid, the Division of Facilities Construction and Management shall use any money
245 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
246 District Court building.
247 (iii) The Division of Facilities Construction and Management may enter into
248 agreements and make expenditures related to this project before the receipt of revenues
249 provided for under this Subsection (2)(a)(iii).
250 (iv) The Division of Facilities Construction and Management shall:
251 (A) make those expenditures from unexpended and unencumbered building funds
252 already appropriated to the Capital Projects Fund; and
253 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
254 under this Subsection (2).
255 (b) After June 30, 1998, the state court administrator shall ensure that all revenues
256 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
257 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
258 account.
259 (c) The Division of Finance shall deposit all revenues received from the state court
260 administrator into the restricted account created by this section.
261 (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
262 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
263 Vehicles, in a court of record to the Division of Facilities Construction and Management
264 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
265 calculated on the balance of the fine or bail forfeiture paid.
266 (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
267 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
268 court of record to the Division of Finance for deposit in the restricted account created by this
269 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
270 balance of the fine or bail forfeiture paid.
271 (3) (a) There is created within the General Fund a restricted account known as the State
272 Courts Complex Account.
273 (b) The Legislature may appropriate money from the restricted account to the state
274 court administrator for the following purposes only:
275 (i) to repay costs associated with the construction of the court complex that were
276 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
277 (ii) to cover operations and maintenance costs on the court complex.
278 (4) (a) The requirement of a fee for filing a petition for expungement under Subsection
279 (1)(i) is suspended from [
280 (b) An individual may not be charged a fee for filing a petition for expungement during
281 the time period described in Subsection (4)(a).
282 Section 5. Section 78A-2-301.5 is amended to read:
283 78A-2-301.5. Civil fees for justice courts.
284 (1) The fee for filing a small claims affidavit is:
285 (a) $60 if the claim for damages or amount in interpleader exclusive of justice court
286 costs, interest, and attorney fees is $2,000 or less;
287 (b) $100 if the claim for damages or amount in interpleader exclusive of justice court
288 costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and
289 (c) $185 if the claim for damages or amount in interpleader exclusive of justice court
290 costs, interest, and attorney fees is $7,500 or more.
291 (2) The fee for filing a small claims counter affidavit is:
292 (a) $50 if the claim for relief exclusive of justice court costs, interest, and attorney fees
293 is $2,000 or less;
294 (b) $70 if the claim for relief exclusive of justice court costs, interest, and attorney fees
295 is greater than $2,000, but less than $7,500; and
296 (c) $120 if the claim for relief exclusive of justice court costs, interest, and attorney
297 fees is $7,500 or more.
298 (3) The fee for filing a petition for expungement is $135.
299 (4) The fee for a petition to open a sealed record is $35.
300 (5) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
301 addition to any fee for a complaint or petition.
302 (6) The fee for filing a notice of appeal to a court of record is $10. This fee covers all
303 services of the justice court on appeal but does not satisfy the trial de novo filing fee in the
304 court of record.
305 (7) The fee for a certified copy of a document is $4 per document plus 50 cents per
306 page.
307 (8) The fee for an exemplified copy of a document is $6 per document plus 50 cents
308 per page.
309 (9) The fee schedule adopted by the Judicial Council for copies of documents and
310 forms and for the search and retrieval of records under Title 63G, Chapter 2, Government
311 Records Access and Management Act, shall apply.
312 (10) There is no fee for services or the filing of documents not listed in this section or
313 otherwise provided by law.
314 (11) The filing fees under this section may not be charged to the state, its agencies, or
315 political subdivisions filing or defending any action. In judgments awarded in favor of the
316 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
317 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
318 collected under this Subsection (11) shall be applied to the fees after credit to the judgment,
319 order, fine, tax, lien, or other penalty and costs permitted by law.
320 (12) (a) The requirement of a fee for filing a petition for expungement under
321 Subsection (3) is suspended from [
322 2028.
323 (b) An individual may not be charged a fee for filing a petition for expungement during
324 the time period described in Subsection (12)(a).