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7 LONG TITLE
8 General Description:
9 This bill addresses the expungement of records.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals sunset dates regarding issuance and filing fees for expungement;
13 ▸ repeals language relating to the suspension of issuance fees for certificates of
14 eligibility for expungement and filing fees for petitions for expungement;
15 ▸ allows a court to issue an order of expungement for a plea in abeyance when the
16 defendant has completed a drug court program and the court dismisses the case
17 against the defendant;
18 ▸ defines terms related to expungement;
19 ▸ amends provisions related to the automatic expungement of a case, including:
20 • requiring an individual to submit a form to receive an automatic expungement;
21 • prohibiting an automatic expungement if the individual is currently incarcerated,
22 on probation, or on parole, unless the individual is on probation or parole for an
23 infraction, a traffic offense, or a minor regulatory offense;
24 • prohibiting an automatic expungement if there is a criminal proceeding pending
25 against the individual for a misdemeanor or felony offense, unless the
26 proceeding is for a traffic offense; and
27 • prohibiting an automatic expungement if there is a plea in abeyance pending
28 against the individual for a misdemeanor or felony offense, unless the plea in abeyance is for a
29 traffic offense;
30 ▸ clarifies automatic deletion of a traffic offense;
31 ▸ provides that the Bureau of Criminal Identification notify all state agencies affected
32 by an automatic expungement order, except that the Bureau of Criminal
33 Identification may not notify the Board of Pardons and Parole in certain
34 circumstances;
35 ▸ provides that a state agency expunge all records affected by an automatic
36 expungement order;
37 ▸ does not require a local agency to expunge records that may be affected by an
38 automatic expungement order;
39 ▸ provides that the time period for expunging the conviction of a domestic violence
40 offense is 10 years;
41 ▸ clarifies the certificate of eligibility process;
42 ▸ allows for the waiver of an issuance fee for a certificate of eligibility or a special
43 certificate if a court finds that the individual filing the petition for expungement is
44 indigent;
45 ▸ requires a court to consider the total number of offenses for which an individual has
46 received a certificate of expungement when determining whether the individual is
47 indigent;
48 ▸ requires a subsequent court to waive a filing fee for a petition for expungement if a
49 prior court found the individual to be indigent within 180 days before the filing of
50 the petition for expungement;
51 ▸ clarifies the distribution of an expungement order based on a petition and the
52 expungement of records affected by an expungement order based on a petition;
53 ▸ establishes the priority in how expungement orders are processed by a state or local
54 agency;
55 ▸ requires a state and local agency to develop and implement a process to identify
56 expunged records and keep, index, and maintain all expunged records of arrest;
57 ▸ clarifies the effect of an expungement;
58 ▸ addresses the waiver of a fee for a petition for expungement when the individual has
59 previously received a waiver for a petition for expungement from a prior court;
60 ▸ requires a court to find an individual indigent if the individual submits an affidavit
61 of indigency demonstrating that the individual has an income at or below 250% of
62 the United States poverty level;
63 ▸ requires the Administrative Office of the Courts to include a warning on an affidavit
64 of indigency;
65 ▸ clarifies the expungement of records regarding protective orders, stalking
66 injunctions, and juvenile records;
67 ▸ repeals a statute regarding the time periods for expungement or deletion and
68 identifying and processing clean slate eligible cases; and
69 ▸ makes technical and conforming changes.
70 Money Appropriated in this Bill:
71 None
72 Other Special Clauses:
73 None
74 Utah Code Sections Affected:
75 AMENDS:
76 63I-1-277, as last amended by Laws of Utah 2022, Chapter 384 and last amended by
77 Coordination Clause, Laws of Utah 2022, Chapter 384
78 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
79 77-2a-3, as last amended by Laws of Utah 2023, Chapters 113, 415
80 77-40a-101, as last amended by Laws of Utah 2023, Chapter 265
81 77-40a-104, as last amended by Laws of Utah 2023, Chapter 265
82 77-40a-201, as renumbered and amended by Laws of Utah 2022, Chapter 250
83 77-40a-202, as renumbered and amended by Laws of Utah 2022, Chapter 250
84 77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
85 77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
86 77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
87 77-40a-305, as last amended by Laws of Utah 2023, Chapters 265, 330
88 77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
89 77-40a-401, as last amended by Laws of Utah 2023, Chapter 265
90 77-40a-402, as last amended by Laws of Utah 2023, Chapter 265
91 77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
92 77-40a-404, as last amended by Laws of Utah 2023, Chapter 265
93 78A-2-302, as last amended by Laws of Utah 2023, Chapter 184
94 78A-7-209.5, as enacted by Laws of Utah 2022, Chapter 276
95 78B-7-1001, as enacted by Laws of Utah 2022, Chapter 270
96 78B-7-1004, as enacted by Laws of Utah 2022, Chapter 270
97 80-6-1001, as last amended by Laws of Utah 2023, Chapter 115
98 80-6-1006.1, as enacted by Laws of Utah 2023, Chapter 115
99 ENACTS:
100 77-40a-201.1, Utah Code Annotated 1953
101 77-40a-201.2, Utah Code Annotated 1953
102 77-40a-204, Utah Code Annotated 1953
103 77-40a-307, Utah Code Annotated 1953
104 REPEALS:
105 77-40a-203, as renumbered and amended by Laws of Utah 2022, Chapter 250
106
107 Be it enacted by the Legislature of the state of Utah:
108 Section 1. Section 63I-1-277 is amended to read:
109 63I-1-277. Repeal dates: Title 77.
110 [
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112 Section 2. Section 63I-1-278 is amended to read:
113 63I-1-278. Repeal dates: Title 78A and Title 78B.
114 [
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116 [
117 repealed July 1, 2029.
118 [
119 a domestic violence offense from the justice court to the district court, is repealed on July 1,
120 2024.
121 [
122 employee convicted of an offense, is repealed on July 1, 2025.
123 [
124 July 1, 2026.
125 [
126 Support Guidelines Advisory Committee, is repealed July 1, 2026.
127 [
128 Pilot Program, is repealed December 31, 2024.
129 Section 3. Section 77-2a-3 is amended to read:
130 77-2a-3. Manner of entry of plea -- Powers of court.
131 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
132 done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
133 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
134 agreement may be entered into without a personal appearance before a magistrate.
135 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
136 defendant has successfully completed the terms of the agreement:
137 (a) reduce the degree of the offense, [
138
139 of the offense, and impose a sentence for the lower degree of the offense;
140 (b) allow withdrawal of the defendant's plea and order the dismissal of the case[
141 (c) issue an order of expungement for all records of the offense if:
142 (i) the defendant successfully completes a drug court program; and
143 (ii) the court allows the withdrawal of the defendant's plea and orders the dismissal of
144 the case.
145 (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
146 abeyance agreement and only as provided in the plea in abeyance agreement or as agreed to by
147 all parties, the court may [
148
149 (i) reduce the degree of the offense, enter a judgment of conviction for the lower degree
150 of the offense, and impose a sentence for the lower degree of the offense;
151 (ii) allow withdrawal of the defendant's plea and order the dismissal of the case; or
152 (iii) issue an order of expungement for all records of the offense if:
153 (A) the defendant successfully completes a drug court program; and
154 (B) the court allows the withdrawal of the defendant's plea and orders the dismissal of
155 the case.
156 (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
157 abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of
158 the offense.
159 (4) The court may require the Department of Corrections to assist in the administration
160 of the plea in abeyance agreement as if the defendant were on probation to the court under
161 Section 77-18-105.
162 (5) The terms of a plea in abeyance agreement may include:
163 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
164 surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
165 the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
166 surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
167 which may not exceed in amount the maximum fine and surcharge which could have been
168 imposed upon conviction and sentencing for the same offense;
169 (b) an order that the defendant pay the costs of any remedial or rehabilitative program
170 required by the terms of the agreement; and
171 (c) an order that the defendant comply with any other conditions that could have been
172 imposed as conditions of probation upon conviction and sentencing for the same offense.
173 (6) (a) The terms of a plea in abeyance shall include:
174 (i) a specific amount of restitution that the defendant will pay, as agreed to by the
175 defendant and the prosecuting attorney;
176 (ii) a certification from the prosecuting attorney that:
177 (A) the prosecuting attorney has consulted with all victims, including the Utah Office
178 for Victims of Crime; and
179 (B) all victims, including the Utah Office for Victims of Crime, are not seeking
180 restitution; or
181 (iii) an agreement between the parties that restitution will be determined by the court at
182 a subsequent hearing in accordance with Section 77-38b-205.
183 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
184 defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
185 entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
186 defendant.
187 (c) The court shall collect, receive, process, and distribute payments for restitution to
188 the victim, unless otherwise provided by law or by the plea in abeyance agreement.
189 (d) If the defendant does not successfully complete the terms of the plea in abeyance,
190 the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims
191 Restitution Act, upon entering a sentence for the defendant.
192 (7) (a) A court may not hold a plea in abeyance without the consent of both the
193 prosecuting attorney and the defendant.
194 (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
195 (8) No plea may be held in abeyance in any case involving:
196 (a) a sexual offense against an individual who is under 14 years old; or
197 (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
198 41-6a-517, 41-6a-520, 41-6a-520.1, 41-6a-521.1, 76-5-102.1, or 76-5-207.
199 (9) If the court issues an order of expungement under Subsection (3)(a)(iii):
200 (a) the court shall notify the Bureau of Criminal Identification of the order of
201 expungement; and
202 (b) the Bureau of Criminal Identification shall notify all state and local agencies
203 affected by the order of expungement as described in Section 77-40a-307.
204 Section 4. Section 77-40a-101 is amended to read:
205 77-40a-101. Definitions.
206 As used in this chapter:
207 [
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210 (1) "Automatic expungement" means the expungement of records held by a state
211 agency of an investigation, arrest, detention, or conviction of an offense without the filing of a
212 petition.
213 (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
214 Safety established in Section 53-10-201.
215 (3) "Civil accounts receivable" means the same as that term is defined in Section
216 77-32b-102.
217 (4) "Civil judgment of restitution" means the same as that term is defined in Section
218 77-32b-102.
219 [
220 the criminal record and all records of arrest, investigation, and detention associated with a case
221 that is the subject of a petition for expungement is eligible for expungement.
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277 (6) "Clean slate eligible case" means a case that is eligible for automatic expungement
278 under Section 77-40a-201.2.
279 [
280 guilty after trial, a plea of guilty, or a plea of nolo contendere.
281 (8) "Court" means the court that had jurisdiction over the offense or case for which
282 expungement is sought.
283 (9) "Criminal accounts receivable" means the same as that term is defined in Section
284 77-32b-102.
285 [
286 78B-7-102.
287 [
288 Section 78B-7-102.
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290 53-1-103.
291 (13) "Domestic violence offense" means the same as that term is defined in Section
292 77-36-1.
293 [
294 (a) Subsection 58-37-8(2), except:
295 (i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of
296 marijuana;
297 (ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional
298 facility; or
299 (iii) driving with a controlled substance illegally in the person's body and negligently
300 causing serious bodily injury or death of another, as codified before May 4, 2022,
301 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
302 (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
303 (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
304 (d) any local ordinance which is substantially similar to any of the offenses described
305 in this Subsection [
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309 (i) sealing the record; or
310 (ii) restricting or denying a person access to the record.
311 (b) "Expunge" does not include the destruction of a record.
312 (16) "Indigent" means a court found a petitioner financially unable to pay the fee to file
313 a petition for expungement under Section 78A-2-302.
314 [
315 territory, or possession of the United States or any foreign country.
316 (18) "Local agency" means a county or local government entity that generates or
317 maintains records for which expungement may be ordered.
318 [
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320 (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
321 76-10-105.
322 (c) "Minor regulatory offense" does not include:
323 (i) any drug possession offense;
324 (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
325 Reckless Driving;
326 (iii) an offense under Sections 73-18-13 through 73-18-13.6;
327 (iv) except as provided in Subsection [
328 Criminal Code; or
329 (v) any local ordinance that is substantially similar to an offense listed in Subsections
330 [
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332 chapter.
333 [
334 77-2a-1.
335 (22) "Record" means a book, letter, document, paper, map, plan, photograph, film,
336 card, tape, recording, electronic data, or other documentary material, regardless of physical
337 form or characteristics, that:
338 (a) contains information about a criminal investigation, arrest, detention, investigation,
339 or conviction of an individual; and
340 (b) is prepared, owned, received, or retained by a state or local agency.
341 (23) "State agency" means a state government entity that generates or maintains records
342 for which expungement may be ordered.
343 [
344 (24)(b):
345 (i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
346 under Title 41, Chapter 6a, Traffic Code;
347 (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
348 under Title 53, Chapter 3, Part 2, Driver Licensing Act;
349 (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
350 under Title 73, Chapter 18, State Boating Act; and
351 (iv) all local ordinances that are substantially similar to an offense listed in Subsections
352 [
353 (b) "Traffic offense" does not mean:
354 (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
355 Reckless Driving;
356 (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
357 (iii) any local ordinance that is substantially similar to an offense listed in Subsection
358 [
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360 offense.
361 Section 5. Section 77-40a-104 is amended to read:
362 77-40a-104. Department rulemaking authority.
363 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
364 department may make rules to:
365 (1) implement procedures for processing an automatic expungement;
366 (2) implement procedures for applying for certificates of eligibility;
367 (3) specify procedures for receiving a certificate of eligibility;
368 (4) create forms and determine information necessary to be provided to the bureau; and
369 (5) implement procedures for the confirmation of an expungement under Subsection
370 [
371 Section 6. Section 77-40a-201 is amended to read:
372
373 77-40a-201. General provisions for automatic expungement and deletion.
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447 expungement of records that are eligible for automatic expungement or deletion under this
448 section if an automatic expungement or deletion has not occurred pursuant to this section.
449 [
450 person from requesting access to expunged records in accordance with Section 77-40a-403 or
451 77-40a-404.
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453 process for automatic expungement.
454 (b) The rules under Subsection [
455 (i) a presiding judge of a district court to issue an expungement order for any case
456 when the requirements for automatic expungement are met; and
457 (ii) a presiding judge of a justice court to issue an expungement order for any justice
458 court case within the presiding judge's judicial district when the requirements for automatic
459 expungement are met.
460 (4) An individual does not have a cause of action for damages as a result of the failure
461 to identify an individual's case as eligible for automatic expungement or deletion under this
462 part.
463 Section 7. Section 77-40a-201.1 is enacted to read:
464 77-40a-201.1. Automatic expungement of state records for a clean slate case.
465 (1) If an individual seeks automatic expungement of all records held by a state agency
466 for a case for which the individual was a defendant and the case is eligible for automatic
467 expungement under this section, the individual shall submit a form to the court requesting
468 automatic expungement.
469 (2) Upon the submission of a form under Subsection (1), the court shall issue an order
470 of expungement for all records of the case that are maintained by a state agency if:
471 (a) the case is eligible for automatic expungement as described in Subsection (3); and
472 (b) the prosecuting agency does not object to the automatic expungement as described
473 in Subsection (7).
474 (3) Except as otherwise provided in Subsection (4), a case is eligible for automatic
475 expungement under Subsection (2)(a) if:
476 (a) each conviction within the case is a conviction for:
477 (i) a misdemeanor offense for possession of a controlled substance in violation of
478 Subsection 58-37-8(2)(a)(i);
479 (ii) a class B misdemeanor offense;
480 (iii) a class C misdemeanor offense; or
481 (iv) an infraction; and
482 (v) the following time periods have passed after the day on which the individual is
483 convicted:
484 (A) at least five years for the conviction of a class C misdemeanor offense or an
485 infraction;
486 (B) at least six years for the conviction of a class B misdemeanor offense; or
487 (C) at least seven years for the conviction of a class A misdemeanor offense for
488 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);
489 (b) the case is dismissed as a result of a successful completion of a plea in abeyance
490 agreement governed by Subsection 77-2a-3(2)(b), or the case is dismissed without prejudice, if:
491 (i) each charge within the case is:
492 (A) a misdemeanor offense for possession of a controlled substance in violation of
493 Subsection 58-37-8(2)(a)(i);
494 (B) a class B misdemeanor offense;
495 (C) a class C misdemeanor offense; or
496 (D) an infraction; and
497 (ii) the following time periods have passed after the day on which the case is
498 dismissed:
499 (A) at least five years for a charge in the case for a class C misdemeanor offense or an
500 infraction;
501 (B) at least six years for a charge in the case for a class B misdemeanor offense; or
502 (C) at least seven years for a charge in the case for a class A misdemeanor offense for
503 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
504 (4) A case is not eligible for automatic expungement under Subsection (2)(a) if:
505 (a) the individual has a criminal history that makes the individual ineligible for
506 expungement under Subsection 77-40a-303(4) or (5) without taking into consideration:
507 (i) the exception in Subsection 77-40a-303(7); or
508 (ii) any infraction, traffic offense, or minor regulatory offense;
509 (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
510 the individual, unless the proceeding is for a traffic offense;
511 (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
512 individual, unless the plea in abeyance is for a traffic offense;
513 (d) the individual is currently incarcerated, on parole, or on probation, unless the
514 individual is on probation or parole for an infraction, a traffic offense, or a minor regulatory
515 offense;
516 (e) the case resulted in the individual being found not guilty by reason of insanity;
517 (f) the case establishes a criminal accounts receivable that:
518 (i) has been entered as a civil accounts receivable or a civil judgment of restitution and
519 transferred to the Office of State Debt Collection under Section 77-18-114; or
520 (ii) has not been satisfied according to court records; or
521 (g) the case resulted in a plea held in abeyance or a conviction for the following
522 offenses:
523 (i) any of the offenses listed in Subsection 77-40a-303(2)(a);
524 (ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
525 the Individual;
526 (iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
527 (iv) sexual battery in violation of Section 76-9-702.1;
528 (v) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
529 (vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
530 and Reckless Driving;
531 (vii) damage to or interruption of a communication device in violation of Section
532 76-6-108;
533 (viii) a domestic violence offense as defined in Section 77-36-1; or
534 (ix) any other offense classified in the Utah Code as a felony or a class A misdemeanor
535 other than a class A misdemeanor conviction for possession of a controlled substance in
536 violation of Subsection 58-37-8(2)(a)(i).
537 (5) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
538 Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that
539 appears to be eligible for automatic expungement under this section.
540 (6) Within 35 days after the day on which the notice described in Subsection (5) is
541 sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the
542 Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic
543 expungement for any of the following reasons:
544 (a) the prosecuting agency believes that the case is not eligible for expungement under
545 this section after reviewing the agency record;
546 (b) the individual has not paid court-ordered restitution to the victim; or
547 (c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
548 individual involved in the case is continuing to engage in criminal activity within or outside of
549 the state.
550 (7) If a prosecuting agency provides written notice of an objection for a reason
551 described in Subsection (5) within 35 days after the day on which the notice under Subsection
552 (5) is sent, the court may not proceed with automatic expungement of the case.
553 (8) If 35 days pass after the day on which the notice described in Subsection (5) is sent
554 without the prosecuting agency providing written notice of an objection under Subsection (6),
555 the court shall proceed with automatic expungement of the case.
556 (9) If a court issues an order of expungement under Subsection (2), the court shall
557 notify the bureau and the prosecuting agency identified in the case of the order of
558 expungement.
559 Section 8. Section 77-40a-201.2 is enacted to read:
560 77-40a-201.2. Automatic expungement of state records for a case resulting in an
561 acquittal or dismissal with prejudice.
562 (1) If an individual seeks automatic expungement of all records held by a state agency
563 of a case for which the individual was a defendant and the case is eligible for automatic
564 expungement under this section, the individual shall submit a form to the court requesting
565 automatic expungement.
566 (2) Upon the submission of a form under Subsection (1), the court shall issue an order
567 of expungement for all records of the case that are maintained by a state agency if the case is
568 eligible for expungement as described in Subsection (3).
569 (3) Except as provided in Subsection (3), a case is eligible for expungement under
570 Subsection (2) if:
571 (a) the case resulted in an acquittal on all charges; or
572 (b) the case is dismissed with prejudice.
573 (4) A case is not eligible for expungement under Subsection (2) if:
574 (a) the case resulted in an acquittal because the individual is found not guilty by reason
575 of insanity;
576 (b) the case is dismissed with prejudice as a result of successful completion of a plea in
577 abeyance agreement governed by Subsection 77-2a-3(2)(b);
578 (c) there is a criminal proceeding for a misdemeanor or felony offense pending against
579 the individual, unless the proceeding is for a traffic offense;
580 (d) there is a plea in abeyance for a misdemeanor or felony offense pending against the
581 individual, unless the plea in abeyance is for a traffic offense; or
582 (e) the individual is currently incarcerated, on parole, or on probation, unless the
583 individual is on probation or parole for an infraction, a traffic offense, or a minor regulatory
584 offense.
585 (5) If a court issues an order of expungement under Subsection (2), the court shall
586 notify the bureau and the prosecuting agency identified in the case of the order of
587 expungement.
588 Section 9. Section 77-40a-202 is amended to read:
589 77-40a-202. Automatic deletion for traffic offense by a court.
590 (1) [
591 traffic offenses [
592 (a) a traffic offense case that resulted in an acquittal on all charges;
593 (b) a traffic offense case that is dismissed with prejudice, except for a case that is
594 dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
595 governed by Subsection 77-2a-3(2)(b); or
596 (c) a traffic offense case for which the following time periods have elapsed from the
597 day on which the case is adjudicated:
598 (i) at least five years for a class C misdemeanor or an infraction; or
599 (ii) at least six years for a class B misdemeanor.
600 (2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
601 on or after May 1, 2020, the court shall delete all records for the traffic offense upon
602 identification.
603 (3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
604 before May 1, 2020, the court shall delete all records for the traffic offense within one year of
605 the day on which the case is identified as eligible for deletion.
606 [
607
608 Section 10. Section 77-40a-204 is enacted to read:
609 77-40a-204. Distribution of order for automatic expungement to state agencies.
610 (1) (a) Upon receiving notice from a court of an expungement order under this part, the
611 bureau shall notify all state agencies affected by the expungement order.
612 (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
613 and Parole of an expungement order if the individual has never been:
614 (i) sentenced to prison in this state; or
615 (ii) under the jurisdiction of the Board of Pardons and Parole.
616 (2) The bureau shall forward a copy of the expungement order to the Federal Bureau of
617 Investigation.
618 (3) An individual, who is the subject of an expungement order under this part, may
619 deliver copies of the expungement order to all state agencies affected by the order.
620 (4) If a state agency receives an expungement order under this part, the state agency
621 shall expunge all records for the case as described in Section 77-40a-401.
622 (5) A local agency is not required to expunge all records for a case that is automatically
623 expunged under this part.
624 Section 11. Section 77-40a-301 is amended to read:
625 77-40a-301. Application for certificate of eligibility for expungement -- Penalty
626 for false or misleading information on application.
627 (1) If an individual seeks to expunge the individual's criminal record in regard to an
628 arrest, investigation, detention, or conviction, the individual shall:
629 (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a
630 certificate of eligibility for expungement of the criminal record and pay the application fee as
631 described in Section 77-40a-304;
632 (b) [
633 provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for the certificate of
634 eligibility as described in Section 77-40a-304; and
635 (c) file a petition for expungement in accordance with Section 77-40a-305.
636 (2) (a) An individual who intentionally or knowingly provides any false or misleading
637 information to the bureau when applying for a certificate of eligibility is guilty of a class B
638 misdemeanor and subject to prosecution under Section 76-8-504.6.
639 (b) Regardless of whether the individual is prosecuted, the bureau may deny a
640 certificate of eligibility to anyone who knowingly provides false information on an application.
641 Section 12. Section 77-40a-303 is amended to read:
642 77-40a-303. Requirements for a certificate of eligibility to expunge records of a
643 conviction.
644 (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
645 certificate of eligibility from the bureau to expunge the records of a conviction if:
646 (a) the petitioner has paid in full all fines and interest ordered by the court related to the
647 conviction for which expungement is sought;
648 (b) the petitioner has paid in full all restitution ordered by the court under Section
649 77-38b-205; and
650 (c) the following time periods have passed after the day on which the petitioner was
651 convicted or released from incarceration, parole, or probation, whichever occurred last, for the
652 conviction that the petitioner seeks to expunge:
653 (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
654 (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
655 amount of a controlled substance in an individual's body and causing serious bodily injury or
656 death, as codified before May 4, 2022, Laws of Utah 2021,
657 Chapter 236, Section 1, Subsection 58-37-8(2)(g);
658 (iii) 10 years for the conviction of a domestic violence offense;
659 [
660 [
661 [
662 [
663 [
664 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
665 expunge the records of a conviction under Subsection (1) if:
666 (a) except as provided in Subsection (3), the conviction for which expungement is
667 sought is:
668 (i) a capital felony;
669 (ii) a first degree felony;
670 (iii) a felony conviction of a violent felony as defined in Subsection
671 76-3-203.5(1)(c)(i);
672 (iv) a felony conviction described in Subsection 41-6a-501(2);
673 (v) an offense, or a combination of offenses, that would require the individual to
674 register as a sex offender, as defined in Section 77-41-102; or
675 (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
676 (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
677 the petitioner, unless the criminal proceeding is for a traffic offense;
678 (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
679 petitioner, unless the plea in abeyance is for a traffic offense;
680 (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
681 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
682 offense;
683 (e) the petitioner intentionally or knowingly provides false or misleading information
684 on the application for a certificate of eligibility;
685 (f) there is a criminal protective order or a criminal stalking injunction in effect for the
686 case; or
687 (g) the bureau determines that the petitioner's criminal history makes the petitioner
688 ineligible for a certificate of eligibility under Subsection (4) or (5).
689 (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
690 defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
691 offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
692 a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
693 Court.
694 (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
695 certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
696 bureau determines that the petitioner's criminal history, including previously expunged
697 convictions, contains any of the following:
698 (a) two or more felony convictions other than for drug possession offenses, each of
699 which is contained in a separate criminal episode;
700 (b) any combination of three or more convictions other than for drug possession
701 offenses that include two class A misdemeanor convictions, each of which is contained in a
702 separate criminal episode;
703 (c) any combination of four or more convictions other than for drug possession
704 offenses that include three class B misdemeanor convictions, each of which is contained in a
705 separate criminal episode; or
706 (d) five or more convictions other than for drug possession offenses of any degree
707 whether misdemeanor or felony, each of which is contained in a separate criminal episode.
708 (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
709 of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
710 determines that the petitioner's criminal history, including previously expunged convictions,
711 contains any of the following:
712 (a) three or more felony convictions for drug possession offenses, each of which is
713 contained in a separate criminal episode; or
714 (b) any combination of five or more convictions for drug possession offenses, each of
715 which is contained in a separate criminal episode.
716 (6) If the petitioner's criminal history contains convictions for both a drug possession
717 offense and a non-drug possession offense arising from the same criminal episode, the bureau
718 shall count that criminal episode as a conviction under Subsection (4) if any non-drug
719 possession offense in that episode:
720 (a) is a felony or class A misdemeanor; or
721 (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
722 possession offense in that episode.
723 (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
724 on which the petitioner was convicted or released from incarceration, parole, or probation,
725 whichever occurred last, for all convictions:
726 (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased
727 by one; and
728 (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
729 the highest level of convicted offense in the criminal episode is:
730 (i) a class B misdemeanor;
731 (ii) a class C misdemeanor;
732 (iii) a drug possession offense if none of the non-drug possession offenses in the
733 criminal episode are a felony or a class A misdemeanor; or
734 (iv) an infraction.
735 (8) When determining whether a petitioner is eligible for a certificate of eligibility
736 under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
737 prior conviction for:
738 (a) an infraction;
739 (b) a traffic offense;
740 (c) a minor regulatory offense; or
741 (d) a clean slate eligible case that was automatically expunged [
742
743 (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
744 Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
745 in accordance with Section 77-27-5.1.
746 Section 13. Section 77-40a-304 is amended to read:
747 77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
748 (1) (a) When a petitioner applies for a certificate of eligibility as described in
749 Subsection 77-40a-301(1)[
750 (i) the petitioner shall pay an application fee at the time the petitioner submits an
751 application for a certificate of eligibility to the bureau; and
752 (ii) the bureau shall perform a check of records of governmental agencies, including
753 national criminal data bases, to determine whether the petitioner is eligible to receive a
754 certificate of eligibility under this chapter.
755 (b) For purposes of determining eligibility under this chapter, the bureau may review
756 records of arrest, investigation, detention, and conviction that have been previously expunged,
757 regardless of the jurisdiction in which the expungement occurred.
758 [
759 [
760 [
761
762 [
763
764 [
765
766 [
767 history file is unobtainable after reasonable research, the bureau may issue a special certificate
768 giving determination of eligibility to the court, except that the bureau may not issue the special
769 certificate if:
770 (i) there is a criminal proceeding for a misdemeanor or felony offense pending against
771 the petitioner, unless the criminal proceeding is for a traffic offense;
772 (ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
773 petitioner, unless the plea in abeyance is for a traffic offense; or
774 (iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
775 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
776 offense.
777 (2) (a) Once the eligibility process is complete, the bureau shall notify the petitioner.
778 (b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303
779 and the bureau determines that the issuance of a certificate of eligibility or special certificate is
780 appropriate:
781 (i) the bureau shall issue a certificate of eligibility or special certificate that is valid for
782 a period of 180 days from the day on which the certificate is issued;
783 (ii) the bureau shall provide a petitioner with an identification number for the
784 certificate of eligibility or special certificate; and
785 (iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for
786 the issuance of a certificate of eligibility or special certificate.
787 [
788
789 [
790
791 [
792
793
794 [
795 (3) The bureau shall issue a certificate of eligibility or special certificate without
796 requiring the payment of the issuance fee if the petitioner:
797 (a) qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges
798 were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
799 Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
800 Diversion[
801 (b) indicates on the application for a certificate of eligibility that the petitioner
802 reasonably believes, as of the date of the application, that the fee to file a petition for
803 expungement is likely to be waived by a court because the petitioner is indigent.
804 [
805
806 [
807 needed for the court to issue a valid expungement order.
808 [
809 explain:
810 (a) the process for a petition for expungement; and
811 (b) what is required of the petitioner to complete the process for a petition for
812 expungement.
813 (6) If a petitioner indicates on the application for a certificate of eligibility that a court
814 is likely to waive the fee for a petition for expungement as described in Subsection (3)(b), the
815 bureau shall:
816 (a) inform the petitioner that the petitioner will be required to pay an issuance fee
817 before an agency will expunge the offense if a court does not waive the fee for a petition for
818 expungement; and
819 (b) provide the petitioner with the form for waiving a court fee for a petition for
820 expungement.
821 (7) If the bureau issues a certificate of eligibility or a special certificate without
822 requiring payment of the issuance fee as described in Subsection (3)(b), the bureau shall charge
823 the petitioner the issuance fee upon the bureau's receipt of an order deciding a petition for
824 expungement unless the court communicates to the bureau that the fee to file the petition for
825 expungement was waived because the petitioner is indigent.
826 (8) (a) If the petitioner qualifies for a waiver of the issuance fee under Subsection (7)
827 and the expungement order grants the petition for expungement, the bureau shall process the
828 expungement order in accordance with Section 77-40a-401 as if the petitioner paid the issuance
829 fee.
830 (b) If the petitioner does not qualify for a waiver of the issuance fee under Subsection
831 (7) and the expungement order grants the petition for expungement, the bureau may not process
832 the expungement order in accordance with Section 77-40a-401 until the petitioner pays the
833 issuance fee.
834 (c) If the bureau issues a certificate of eligibility or special certificate without requiring
835 payment of the issuance fee under Subsection (3)(b), the bureau may not charge the petitioner
836 an issuance fee on the grounds that the validity of the certificate described in (2)(b)(i) has
837 expired.
838 (9) The bureau shall charge application and issuance fees for a certificate of eligibility
839 or special certificate in accordance with the process in Section 63J-1-504.
840 (10) The department shall deposit funds generated by application and issuance fees
841 under this section into the General Fund as a dedicated credit by the department to cover the
842 costs incurred in determining eligibility for expungement.
843 Section 14. Section 77-40a-305 is amended to read:
844 77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing.
845 (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
846 Rules of Criminal Procedure, that includes the identification number for the certificate of
847 eligibility described in Subsection [
848 (b) Information on a certificate of eligibility is incorporated into a petition by reference
849 to the identification number for the certificate of eligibility.
850 (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
851 obtain a certificate of eligibility from the bureau.
852 (b) A court may not accept a petition for expungement if the certificate of eligibility is
853 no longer valid as described in Subsection [
854 (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
855 of a traffic offense case without obtaining a certificate of eligibility if:
856 (a) (i) for a traffic offense case with a class C misdemeanor or infraction, at least three
857 years have passed after the day on which the petitioner was convicted; or
858 (ii) for a traffic offense case with a class B misdemeanor, at least four years have
859 passed after the day on which the petitioner was convicted;
860 (b) there is no traffic offense case pending against the petitioner;
861 (c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
862 and
863 (d) the petitioner is not currently on probation for a traffic offense case.
864 (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
865 a record for a conviction related to cannabis possession without a certificate of eligibility if the
866 petition demonstrates that:
867 (a) the petitioner had, at the time of the relevant arrest or citation leading to the
868 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
869 (b) the possession of cannabis in question was in a form and an amount to medicinally
870 treat the qualifying condition described in Subsection (4)(a).
871 (5) (a) The court shall provide notice of a filing of a petition and certificate of
872 eligibility to the prosecutorial office that handled the court proceedings within three days after
873 the day on which the petitioner's filing fee is paid or waived.
874 (b) If there were no court proceedings, the court shall provide notice of a filing of a
875 petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
876 arrest occurred.
877 (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
878 or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
879 the arrest occurred shall immediately notify the city attorney's office that the county attorney's
880 office has received a notice of a filing of a petition for expungement.
881 (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
882 or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
883 make a reasonable effort to provide notice to any victim of the conviction or charge.
884 (b) The notice under Subsection (6)(a) shall:
885 (i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
886 to the petition;
887 (ii) state that the victim has a right to object to the expungement; and
888 (iii) provide instructions for registering an objection with the court.
889 (7) (a) The prosecuting attorney may respond to the petition by filing a
890 recommendation or objection with the court within 35 days after the day on which the notice of
891 the filing of the petition is sent by the court to the prosecuting attorney.
892 (b) If there is a victim of the offense for which expungement is sought, the victim may
893 respond to the petition by filing a recommendation or objection with the court within 60 days
894 after the day on which the petition for expungement was filed with the court.
895 (8) (a) The court may request a written response to the petition from the Division of
896 Adult Probation and Parole within the Department of Corrections.
897 (b) If requested, the response prepared by the Division of Adult Probation and Parole
898 shall include:
899 (i) the reasons probation was terminated; and
900 (ii) certification that the petitioner has completed all requirements of sentencing and
901 probation or parole.
902 (c) The Division of Adult Probation and Parole shall provide a copy of the response to
903 the petitioner and the prosecuting attorney.
904 (9) The petitioner may respond in writing to any objections filed by the prosecuting
905 attorney or the victim and the response prepared by the Division of Adult Probation and Parole
906 within 14 days after the day on which the objection or response is received.
907 (10) (a) If the court receives an objection concerning the petition from any party, the
908 court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
909 date set for the hearing.
910 (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
911 (c) The petitioner, the prosecuting attorney, the victim, and any other person who has
912 relevant information about the petitioner may testify at the hearing.
913 (d) The court shall review the petition, the certificate of eligibility, and any written
914 responses submitted regarding the petition.
915 (11) If no objection is received within 60 days from the day on which the petition for
916 expungement is filed with the court, the expungement may be granted without a hearing.
917 (12) (a) If the petitioner seeks a waiver of the fee required for a petition for
918 expungement in accordance with Section 78A-2-302, the court shall consider the total number
919 of offenses for which the petitioner has received a certificate of eligibility and is seeking
920 expungement in determining whether the petitioner is indigent under Subsection
921 78A-2-302(3)(e) even if the court does not have jurisdiction over an offense for which the
922 petitioner is seeking expungement.
923 (b) If a court grants a waiver of the fee required for a petition for expungement in
924 accordance with Section 78A-2-302, a subsequent court shall grant a waiver of a fee for a
925 petition for expungement if the prior court waived the fee for a petition for expungement
926 within 180 days before the day on which the petitioner filed the petition for expungement with
927 the subsequent court.
928 Section 15. Section 77-40a-306 is amended to read:
929 77-40a-306. Order of expungement.
930 (1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an
931 order of expungement if the court finds, by clear and convincing evidence, that:
932 (a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate
933 of eligibility are sufficient;
934 (b) the statutory requirements have been met;
935 (c) if the petitioner seeks expungement after a case is dismissed without prejudice or
936 without condition, the prosecuting attorney provided written consent and has not filed and does
937 not intend to refile related charges;
938 (d) if the petitioner seeks expungement without a certificate of eligibility for
939 expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis
940 possession:
941 (i) the petitioner had, at the time of the relevant arrest or citation leading to the
942 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
943 (ii) the possession of cannabis in question was in a form and an amount to medicinally
944 treat the qualifying condition described in Subsection (1)(d)(i);
945 (e) if an objection is received, the petition for expungement is for a charge dismissed in
946 accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
947 for enhancement, there is good cause for the court to grant the expungement; and
948 (f) the interests of the public would not be harmed by granting the expungement.
949 (2) (a) If the court denies a petition described in Subsection (1)(c) because the
950 prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
951 eligibility if charges are not refiled within 180 days after the day on which the court denies the
952 petition.
953 (b) A prosecuting attorney who opposes an expungement of a case dismissed without
954 prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
955 (c) A court shall consider the number of times that good faith basis of intention to
956 refile by the prosecuting attorney is presented to the court in making the court's determination
957 to grant the petition for expungement described in Subsection (1)(c).
958 (3) If the court grants a petition described in Subsection (1)(e), the court shall make the
959 court's findings in a written order.
960 (4) A court may not expunge a conviction of an offense for which a certificate of
961 eligibility may not be, or should not have been, issued under Section 77-40a-302 or
962 77-40a-303.
963 (5) If a court grants a petition for expungement, the court shall notify the bureau of the
964 order of expungement.
965 Section 16. Section 77-40a-307 is enacted to read:
966 77-40a-307. Distribution of expungement order based on a petition to all state and
967 local agencies.
968 (1) (a) Upon receiving notice from the court of an expungement order as described in
969 Subsection 77-40a-306(5) or 77-2a-3(3), the bureau shall notify all state and local agencies
970 affected by the expungement order.
971 (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
972 and Parole of an expungement order if the individual has never been:
973 (i) sentenced to prison in this state; or
974 (ii) under the jurisdiction of the Board of Pardons and Parole.
975 (c) The bureau shall forward a copy of the expungement order to the Federal Bureau of
976 Investigation.
977 (2) A petitioner may deliver copies of the expungement to all state and local agencies
978 affected by the order of expungement.
979 (3) If a state or local agency receives an expungement order under this part, the agency
980 shall expunge all records for the case as described in Section 77-40a-401.
981 Section 17. Section 77-40a-401 is amended to read:
982
983 77-40a-401. Distribution of order -- Processing of expungement order -- Written
984 confirmation of expungement -- Effect of an expungement.
985 [
986
987 [
988
989 [
990 [
991 [
992
993 [
994
995
996 [
997
998
999
1000 [
1001
1002 [
1003
1004
1005 [
1006
1007
1008 (1) If a state or local agency receives an expungement order as described in Section
1009 77-40a-204 or 77-40a-307, the state or local agency shall expunge all records affected by the
1010 expungement order.
1011 (2) In processing an expungement order under Subsection (1), the state or local agency
1012 shall give priority to:
1013 (a) first, an expungement order granting a petition for expungement as described in
1014 Section 77-40a-306; and
1015 (b) second, an expungement order granting an automatic expungement under Part 2,
1016 Automatic Expungement and Deletion.
1017 (3) An individual, who receives an expungement order under Section 77-27-5.1, shall
1018 pay a processing fee to the bureau, established in accordance with the process in Section
1019 63J-1-504, before the bureau's record may be expunged as described in Subsection (1).
1020 (4) A state or local agency shall:
1021 (a) develop and implement a process to identify an expunged record; and
1022 (b) keep, index, and maintain all expunged records of arrests and convictions.
1023 (5) (a) If an individual who receives an expungement requests confirmation from a
1024 state or local agency, the state or local agency shall provide the individual with written
1025 confirmation that:
1026 (i) the agency has identified all records subject to expungement; and
1027 (ii) except as otherwise provided by Sections 77-40a-402 and 77-40a-403, the agency
1028 will restrict or deny access to all of the expunged records.
1029 (b) The bureau may charge a fee for providing a written confirmation under Subsection
1030 (5)(a) in accordance with the process in Section 63J-1-504.
1031 (6) Upon entry of an expungement order, an individual, who received the
1032 expungement, may respond to any inquiry as though the conviction did not occur unless
1033 otherwise provided by law or ordered by a court to respond differently.
1034 [
1035 dissemination of records in the agency's ordinary course of business until the agency has
1036 received a copy of the order.
1037 (b) Any action taken by [
1038 to the agency's receipt of a copy of the order may not be invalidated by the order.
1039 [
1040 (a) terminate or invalidate any pending administrative proceedings or actions of which
1041 the individual had notice according to the records of the administrative body prior to issuance
1042 of the expungement order;
1043 (b) affect the enforcement of any order or findings issued by an administrative body
1044 pursuant to the administrative body's lawful authority prior to issuance of the expungement
1045 order;
1046 (c) remove any evidence relating to the individual including records of arrest, which
1047 the administrative body has used or may use in these proceedings; or
1048 (d) prevent an agency from maintaining, sharing, or distributing any record required by
1049 law.
1050 Section 18. Section 77-40a-402 is amended to read:
1051 77-40a-402. Distribution for order for vacatur.
1052 (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
1053 shall be responsible for delivering a copy of the order for vacatur to all affected [
1054
1055 (2) To complete delivery of the order for vacatur to the bureau, the individual shall
1056 complete and attach to the order for vacatur an application for a certificate of eligibility for
1057 expungement, including identifying information and fingerprints, in accordance with Section
1058 77-40a-301.
1059 (3) Except as otherwise provided in this section, the bureau shall treat the order for
1060 vacatur and attached certificate of eligibility for expungement the same as a valid order for
1061 expungement under Section 77-40a-401.
1062 (4) Unless otherwise provided by law or ordered by a court to respond differently, an
1063 individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may
1064 respond to any inquiry as though the conviction did not occur.
1065 (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
1066 Investigation.
1067 (6) An agency receiving an order for vacatur shall expunge the individual's identifying
1068 information contained in records in the agency's possession relating to the incident for which
1069 vacatur is ordered.
1070 (7) A [
1071 contained in a record of arrest, investigation, detention, or conviction after receiving an order
1072 for vacatur to any person or agency, except for:
1073 (a) the individual for whom vacatur was ordered; or
1074 (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and
1075 Subsection [
1076 (8) The bureau may not count vacated convictions against any future expungement
1077 eligibility.
1078 Section 19. Section 77-40a-403 is amended to read:
1079 77-40a-403. Release and use of expunged records.
1080 [
1081
1082 [
1083
1084 [
1085
1086
1087 [
1088
1089 [
1090 state or local agency with an expunged record, or any employee of a state or local agency with
1091 an expunged record, may not divulge any information contained in the expunged record to any
1092 person, or another state or local agency, without a court order unless:
1093 (i) specifically authorized by statute; or
1094 (ii) subject to Subsection [
1095 being shared with another state or local agency through a records management system that both
1096 agencies use for the purpose of record management.
1097 (b) [
1098 any information in an expunged record with another [
1099 local agency, that does not use the records management system for the purpose of record
1100 management.
1101 [
1102 expunged records upon specific request:
1103 (a) the Board of Pardons and Parole;
1104 (b) Peace Officer Standards and Training;
1105 (c) federal authorities if required by federal law;
1106 (d) the State Board of Education;
1107 (e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
1108 applicants for judicial office; and
1109 (f) a research institution or an agency engaged in research regarding the criminal justice
1110 system if:
1111 (i) the research institution or agency provides a legitimate research purpose for
1112 gathering information from the expunged records;
1113 (ii) the research institution or agency enters into a data sharing agreement with the
1114 court or agency with custody of the expunged records that protects the confidentiality of any
1115 identifying information in the expunged records;
1116 (iii) any research using expunged records does not include any individual's name or
1117 identifying information in any product of that research; and
1118 (iv) any product resulting from research using expunged records includes a disclosure
1119 that expunged records were used for research purposes.
1120 [
1121 state or local agency, or an entity authorized by this section to view expunged records may not
1122 reveal or release any information obtained from the expunged records to anyone outside the
1123 specific request, including distribution on a public website.
1124 [
1125 or another prosecutorial agency, regarding information in an expunged record that includes a
1126 conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
1127 agreement, for:
1128 (a) stalking as described in Section 76-5-106.5;
1129 (b) a domestic violence offense as defined in Section 77-36-1;
1130 (c) an offense that would require the individual to register as a sex offender, as defined
1131 in Section 77-41-102; or
1132 (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
1133 [
1134 an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
1135 individual with an offense that requires a prior conviction.
1136 [
1137 Section 53-5-704.
1138 [
1139 an offense eligible for enhancement based on a prior conviction, the state may petition the court
1140 to open the expunged records upon a showing of good cause.
1141 [
1142 this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
1143 (b) The records are confidential and are available for inspection only by the court,
1144 parties, counsel for the parties, and any other person who is authorized by the court to inspect
1145 them.
1146 (c) At the end of the action or proceeding, the court shall order the records expunged
1147 again.
1148 (d) Any person authorized by this Subsection [
1149 not reveal or release any information obtained from the expunged records to anyone outside the
1150 court.
1151 [
1152 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
1153 Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
1154 Section 20. Section 77-40a-404 is amended to read:
1155 77-40a-404. Confirmation of expungement -- Access to expunged records by
1156 individuals.
1157 (1) An individual who receives an expungement may request a written confirmation
1158 from an agency under Subsection [
1159 has expunged all records of the offense for which the individual received the expungement.
1160 (2) The following individuals may view or obtain an expunged record under this
1161 chapter or Section 77-27-5.1:
1162 (a) the petitioner or an individual who receives an automatic expungement under
1163 [
1164 (b) a law enforcement officer, who was involved in the case, for use solely in the
1165 officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1166 that particular case; and
1167 (c) a party to a civil action arising out of the expunged incident if the information is
1168 kept confidential and utilized only in the action.
1169 Section 21. Section 78A-2-302 is amended to read:
1170 78A-2-302. Waiver of fees, costs, and security -- Indigent litigants -- Affidavit.
1171 (1) As used in Sections 78A-2-302 through 78A-2-309:
1172 (a) "Convicted" means:
1173 (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
1174 condition, no contest; and
1175 (ii) a conviction of any crime or offense.
1176 (b) "Indigent" means an individual who is financially unable to pay fees and costs or
1177 give security.
1178 (c) "Prisoner" means an individual who has been convicted of a crime and is
1179 incarcerated for that crime or is being held in custody for trial or sentencing.
1180 (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
1181 state without prepayment of fees and costs or security if:
1182 (a) the individual submits an affidavit demonstrating that the individual is indigent[
1183 or
1184 (b) the individual is seeking a waiver of the fee for a petition for expungement and the
1185 individual has received a waiver for a petition for expungement from a prior court as described
1186 in Subsection 77-40a-305(12)(b).
1187 (3) A court shall find an individual indigent if the individual's affidavit under
1188 Subsection (2) demonstrates:
1189 (a) if the cause is not a petition for expungement, the individual has an income level at
1190 or below 150% of the United States poverty level as defined by the most recent poverty income
1191 guidelines published by the United States Department of Health and Human Services;
1192 (b) if the cause is a petition for expungement, the individual has an income level at or
1193 below 250% of the United States poverty level as defined by the most recent poverty income
1194 guidelines published by the United States Department of Health and Human Services;
1195 [
1196 including Temporary Assistance to Needy Families, Supplemental Security Income, the
1197 Supplemental Nutrition Assistance Program, or Medicaid;
1198 [
1199 attorney through the Utah State Bar; or
1200 [
1201 and costs or security without depriving the individual, or the individual's family, of food,
1202 shelter, clothing, or other necessities.
1203 (4) An affidavit demonstrating that an individual is indigent under Subsection [
1204 (3)(e) shall contain complete information on the individual's:
1205 (a) identity and residence;
1206 (b) amount of income, including any government financial support, alimony, or child
1207 support;
1208 (c) assets owned, including real and personal property;
1209 (d) business interests;
1210 (e) accounts receivable;
1211 (f) securities, checking and savings account balances;
1212 (g) debts; and
1213 (h) monthly expenses.
1214 (5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
1215 amount of money held in the prisoner's trust account at the time the affidavit under Subsection
1216 (2) is executed in accordance with Section 78A-2-305.
1217 (6) An affidavit of indigency under this section shall state the following:
1218 I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
1219 the expenses of the action or legal proceedings which I am about to commence or the appeal
1220 which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
1221 proceedings, or appeal.
1222 (7) The Administrative Office of the Courts shall include on a form for an affidavit of
1223 indigency the following warning: "It is a crime for anyone to intentionally or knowingly
1224 provide false or misleading information to the court when seeking a waiver of a court fee."
1225 Section 22. Section 78A-7-209.5 is amended to read:
1226 78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers --
1227 Duties.
1228 (1) (a) In judicial districts having more than one justice court judge, the justice court
1229 judges shall elect one judge of the district to the office of presiding judge.
1230 (b) The presiding judge shall receive an additional $2,000 per annum as compensation
1231 from the Justice Court Technology, Security, and Training Account described in Section
1232 78A-7-301 for the period served as presiding judge.
1233 (2) (a) In judicial districts having more than two justice court judges, the justice court
1234 judges may elect one judge of the district to the office of associate presiding judge.
1235 (b) The associate presiding judge shall receive an additional $1,000 per annum as
1236 compensation from the Justice Court Technology, Security, and Training Account described in
1237 Section 78A-7-301 for the period served as associate presiding judge.
1238 (3) The presiding judge has the following authority and responsibilities, consistent with
1239 the policies of the Judicial Council:
1240 (a) working with each justice court judge in the district to implement policies and rules
1241 of the Judicial Council;
1242 (b) exercising powers and performing administrative duties as authorized by the
1243 Judicial Council;
1244 (c) if there is no other appointed justice court judge in that court available, assigning a
1245 justice court judge to hear a case in which a judge has been disqualified in accordance with
1246 rules of the Supreme Court;
1247 (d) if a justice court judge of the district cannot perform the justice court judge's duties
1248 in a case or cases due to illness, death, or other incapacity, and the governing body has not
1249 appointed a temporary justice court judge in accordance with Section 78A-7-208:
1250 (i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
1251 (ii) facilitating judicial coverage with the appointing municipal or county authority
1252 until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208,
1253 or a new justice court judge is formally appointed and takes office, in accordance with Section
1254 78A-7-202; and
1255 (e) entering orders of expungement in cases expunged in accordance with [
1256
1257 (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
1258 assume the responsibilities of the presiding judge.
1259 (b) The associate presiding judge shall perform other duties assigned by the presiding
1260 judge.
1261 Section 23. Section 78B-7-1001 is amended to read:
1262 78B-7-1001. Definitions.
1263 As used in this part:
1264 (1) (a) [
1265 provided in Subsection (1)(b), a state, county, or local government entity that generates or
1266 maintains records relating to a civil order for which expungement may be ordered.
1267 (b) "Agency" does not include the Division of Child and Family Services created in [
1268
1269 (2) "Civil order" means:
1270 (a) an ex parte civil protective order;
1271 (b) an ex parte civil stalking injunction;
1272 (c) a civil protective order; or
1273 (d) a civil stalking injunction.
1274 [
1275
1276 (3) (a) "Expunge" means to remove a record from public inspection by:
1277 (i) sealing the record; or
1278 (ii) restricting or denying a person access to the record.
1279 (b) "Expunge" does not include the destruction of a record.
1280 (4) "Petitioner" means an individual petitioning for expungement of a civil order under
1281 this part.
1282 Section 24. Section 78B-7-1004 is amended to read:
1283 78B-7-1004. Distribution and effect of order of expungement -- Penalty.
1284 (1) An individual who receives an order of expungement under Section 78B-7-1003
1285 shall be responsible for delivering a copy of the order of expungement to any affected agency.
1286 [
1287
1288
1289 (2) If an agency receives an expungement order as described in Subsection (1), the
1290 agency shall expunge all records affected by the expungement order.
1291 (3) Upon entry of an expungement order by a court under Section 78B-7-1003:
1292 (a) the civil order is considered to never have occurred; and
1293 (b) the petitioner may reply to an inquiry on the matter as though there was never a
1294 civil order.
1295 (4) (a) Unless ordered by a court to do so, an agency or official may not divulge
1296 information or records that have been expunged under this part.
1297 (b) An expungement order may not restrict an agency's use or dissemination of records
1298 in the agency's ordinary course of business until the agency has received a copy of the
1299 expungement order.
1300 (c) Any action taken by an agency after issuance of the expungement order but before
1301 the agency's receipt of a copy of the expungement order may not be invalidated by the order.
1302 (5) An expungement order under this part may not:
1303 (a) terminate or invalidate any pending administrative proceedings or actions of which
1304 the individual had notice according to the records of the administrative body before issuance of
1305 the expungement order;
1306 (b) affect the enforcement of any order or findings issued by an administrative body
1307 pursuant to the administrative body's lawful authority prior to issuance of the expungement
1308 order; or
1309 (c) prevent an agency from maintaining, sharing, or distributing any record required by
1310 law.
1311 (6) An employee or agent of an agency that is prohibited from disseminating
1312 information from an expunged record under this section who knowingly or intentionally
1313 discloses identifying information from the expunged record, unless allowed by law, is guilty of
1314 a class A misdemeanor.
1315 (7) Records expunged under this part may be released to, or viewed by, the following
1316 individuals:
1317 (a) the petitioner; or
1318 (b) parties to a civil action arising out of the expunged civil order, providing the
1319 information is kept confidential and utilized only in the action.
1320 (8) This part does not preclude a court from considering the same circumstances or
1321 evidence for which an expunged civil order was issued in any proceeding that occurs after the
1322 civil order is expunged.
1323 Section 25. Section 80-6-1001 is amended to read:
1324 80-6-1001. Definitions.
1325 As used in this part:
1326 (1) "Abstract" means a copy or summary of a court's disposition.
1327 (2) (a) "Agency" means a state, county, or local government entity that generates or
1328 maintains records for which expungement may be ordered under this part.
1329 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
1330 purposes of this part.
1331 (3) (a) "Expunge" means [
1332
1333 a juvenile record from public inspection by:
1334 (i) sealing the juvenile record; or
1335 (ii) restricting or denying a person access to the juvenile record.
1336 (b) "Expunge" does not include the destruction of a juvenile record.
1337 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
1338 individual that are in the custody of the juvenile court or an agency.
1339 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
1340 Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of
1341 Parental Rights.
1342 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
1343 part.
1344 Section 26. Section 80-6-1006.1 is amended to read:
1345 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
1346 order -- Agency duties -- Effect of expungement -- Access to expunged record.
1347 (1) This section applies to an expungement order under Section 80-6-1004.1,
1348 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
1349 (2) The juvenile court may not order:
1350 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
1351 in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1352 that the juvenile court may order the Board of Pardons and Parole and the Department of
1353 Corrections to restrict access to a record if the record is specifically identified in the
1354 expungement order as a record in the possession of the Board of Pardons and Parole or the
1355 Department of Corrections; or
1356 (b) the Division of Child and Family Services to expunge a record in an individual's
1357 juvenile record that is contained in the Management Information System or the Licensing
1358 Information System unless:
1359 (i) the record is unsupported; or
1360 (ii) after notice and an opportunity to be heard, the Division of Child and Family
1361 Services stipulates in writing to expunging the record.
1362 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1363 copy of the expungement order to any affected agency or official identified in the juvenile
1364 record.
1365 (b) An individual who is the subject of an expungement order may deliver copies of the
1366 expungement order to all agencies and officials affected by the expungement order.
1367 (4) (a) Upon receipt of an expungement order, an agency shall:
1368 (i) [
1369
1370
1371
1372 (ii) destroy all photographs and records created under Section 80-6-608, except that a
1373 record of a minor's fingerprints may not be destroyed by an agency.
1374 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
1375 the individual who is the subject of the expungement order, or the individual's attorney, that the
1376 agency has complied with the expungement order.
1377 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1378 Department of Corrections:
1379 (a) may not disclose records expunged in an expungement order unless required by
1380 law;
1381 (b) are not required to destroy any photograph or record created under Section
1382 80-6-608;
1383 (c) may use an expunged record for purposes related to incarceration and supervision
1384 of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1385 purpose of making decisions about:
1386 (i) the treatment and programming of the individual;
1387 (ii) housing of the individual;
1388 (iii) applicable guidelines regarding the individual; or
1389 (iv) supervision conditions for the individual;
1390 (d) are not prohibited from disclosing or sharing any information in an expunged
1391 record with another agency that uses the same record management system as the Board of
1392 Pardons and Parole or the Department of Corrections; and
1393 (e) are not required to mail an affidavit under Subsection (4)(b).
1394 (6) Upon entry of an expungement order:
1395 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1396 detention for which the record is expunged is considered to have never occurred; and
1397 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1398 on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1399 an arrest, an investigation, or a detention.
1400 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
1401 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
1402 of the record.
1403 Section 27. Repealer.
1404 This bill repeals:
1405 Section 77-40a-203, Time periods for expungement or deletion -- Identification and
1406 processing of clean slate eligible cases.
1407 Section 28. Effective date.
1408 This bill takes effect on May 1, 2024.