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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 ▸ creates a sunset date for an expungement working group;
16 ▸ creates an expungement working group to study issues related to automatic
17 expungement;
18 ▸ allows a court to issue an order of expungement for a plea in abeyance when the
19 defendant has completed a problem solving court program and the court dismisses
20 the case against the defendant;
21 ▸ defines terms related to expungement;
22 ▸ clarifies automatic deletion of a traffic offense;
23 ▸ amends provisions related to the automatic expungement of a case, including:
24 • requiring an individual to submit a form to receive an automatic expungement
25 on and after October 1, 2024, and before October 1, 2027;
26 • providing that a court automatically expunge cases that are eligible for
27 expungement on and after October 1, 2027;
28 • for an individual seeking an automatic expungement on and after January 1,
29 2025, prohibiting an automatic expungement if the individual is incarcerated in
30 the state prison or on probation or parole that is supervised by the Department of
31 Corrections; and
32 • prohibiting an automatic expungement if there is a criminal proceeding pending
33 in this state against the individual for a misdemeanor or felony offense, unless
34 the proceeding is for a traffic offense;
35 ▸ provides that the court and Bureau of Criminal Identification are the only agencies
36 that expunge records affected by an automatic expungement order;
37 ▸ clarifies the certificate of eligibility process;
38 ▸ allows for the waiver of an issuance fee for a certificate of eligibility or a special
39 certificate if a court finds that the individual filing the petition for expungement is
40 indigent;
41 ▸ requires a court to consider the total number of cases for which an individual has
42 received a certificate of expungement when determining whether the individual is
43 indigent;
44 ▸ requires a subsequent court to waive a filing fee for a petition for expungement if a
45 prior court found the individual to be indigent within 180 days before the filing of
46 the petition for expungement;
47 ▸ clarifies the distribution of an expungement order based on a petition and the
48 expungement of records affected by an expungement order based on a petition;
49 ▸ establishes the priority of expungement orders that are processed by a court and the
50 Bureau of Criminal Identification;
51 ▸ requires an agency to develop and implement a process to identify expunged records
52 and keep, index, and maintain all expunged records of arrest;
53 ▸ clarifies the effect of an expungement;
54 ▸ addresses the waiver of a fee for a petition for expungement when the individual has
55 previously received a waiver for a petition for expungement from a prior court;
56 ▸ requires a court to find an individual indigent if the individual submits an affidavit
57 of indigency demonstrating that the individual has an income at or below 175% of the United
58 States poverty level;
59 ▸ requires the Administrative Office of the Courts to include a warning on an affidavit
60 of indigency;
61 ▸ clarifies the expungement of records regarding protective orders, stalking
62 injunctions, and juvenile records;
63 ▸ repeals a statute regarding the time periods for expungement or deletion and
64 identifying and processing clean slate eligible cases; and
65 ▸ makes technical and conforming changes.
66 Money Appropriated in this Bill:
67 None
68 Other Special Clauses:
69 This bill provides a special effective date.
70 Utah Code Sections Affected:
71 AMENDS:
72 63I-1-277, as last amended by Laws of Utah 2022, Chapter 384 and last amended by
73 Coordination Clause, Laws of Utah 2022, Chapter 384
74 63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
75 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
76 77-2a-3, as last amended by Laws of Utah 2023, Chapters 113, 415
77 77-40a-101, as last amended by Laws of Utah 2023, Chapter 265
78 77-40a-104, as last amended by Laws of Utah 2023, Chapter 265
79 77-40a-201, as renumbered and amended by Laws of Utah 2022, Chapter 250
80 77-40a-202, as renumbered and amended by Laws of Utah 2022, Chapter 250
81 77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
82 77-40a-302, as last amended by Laws of Utah 2023, Chapter 265
83 77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
84 77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
85 77-40a-305, as last amended by Laws of Utah 2023, Chapters 265, 330
86 77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
87 77-40a-401, as last amended by Laws of Utah 2023, Chapter 265
88 77-40a-402, as last amended by Laws of Utah 2023, Chapter 265
89 77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
90 77-40a-404, as last amended by Laws of Utah 2023, Chapter 265
91 78A-2-302, as last amended by Laws of Utah 2023, Chapter 184
92 78A-7-209.5, as enacted by Laws of Utah 2022, Chapter 276
93 78B-7-1001, as enacted by Laws of Utah 2022, Chapter 270
94 78B-7-1004, as enacted by Laws of Utah 2022, Chapter 270
95 80-6-1001, as last amended by Laws of Utah 2023, Chapter 115
96 80-6-1006.1, as enacted by Laws of Utah 2023, Chapter 115
97 ENACTS:
98 63M-7-221, Utah Code Annotated 1953
99 77-40a-204, Utah Code Annotated 1953
100 77-40a-205, Utah Code Annotated 1953
101 77-40a-206, Utah Code Annotated 1953
102 77-40a-207, 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 [
111
112 Section 2. Section 63I-1-278 is amended to read:
113 63I-1-278. Repeal dates: Title 78A and Title 78B.
114 [
115
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 63I-2-263 is amended to read:
130 63I-2-263. Repeal dates: Title 63A to Title 63N.
131 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
132 Procurement Advisory Council is repealed July 1, 2025.
133 (2) Section 63A-17-303 is repealed July 1, 2023.
134 (3) Section 63A-17-806 is repealed June 30, 2026.
135 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
136 Commission is repealed July 1, 2023.
137 (5) Section 63H-7a-303 is repealed July 1, 2024.
138 (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
139 communications network, is repealed July 1, 2033.
140 (7) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
141 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
142 (8) Section 63M-7-221, establishing an expungement working group, is repealed on
143 April 30, 2025.
144 [
145 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
146 [
147 Enterprise Zone, is repealed December 31, 2024.
148 Section 4. Section 63M-7-221 is enacted to read:
149 63M-7-221. Expungement working group.
150 (1) As used in this section:
151 (a) "Agency" means the same as that term is defined in Section 77-40a-101.
152 (b) "Automatic expungement" means the same as that term is defined in Section
153 77-40a-101.
154 (2) The commission shall establish a working group to:
155 (a) study the challenges of implementing automatic expungement under Title 77,
156 Chapter 40a, Part 2, Automatic Expungement and Deletion;
157 (b) determine the time and resources that an agency would need to implement
158 automatic expungement under Title 77, Chapter 40a, Automatic Expungement and Deletion;
159 (c) determine whether an investment in technology is needed or could be helpful in
160 implementing automatic expungement under Chapter 40a, Automatic Expungement and
161 Deletion; and
162 (d) consider possible statutory changes to improve the implementation of automatic
163 expungement under Chapter 40a, Automatic Expungement and Deletion.
164 (3) The working group described in Subsection (2) shall consist of:
165 (a) at least one representative of:
166 (i) the Bureau of Criminal Identification established in Section 53-10-201;
167 (ii) the Administrative Office of the Courts;
168 (iii) a local law enforcement agency; and
169 (iv) an advocacy group that represents or assists individuals with expungement; and
170 (b) any other individual or organization recommended by the executive director of the
171 commission.
172 (4) On or before November 1, 2024, the commission shall provide a written report to
173 the Judiciary Interim Committee describing:
174 (a) the information gathered by the working group under Subsection (2); and
175 (b) any recommendations for statutory changes with respect to the information
176 gathered by the working group under Subsection (2).
177 Section 5. Section 77-2a-3 is amended to read:
178 77-2a-3. Manner of entry of plea -- Powers of court -- Expungement.
179 (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
180 done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
181 (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
182 agreement may be entered into without a personal appearance before a magistrate.
183 (2) A plea in abeyance agreement may provide that the court may, upon finding that the
184 defendant has successfully completed the terms of the agreement:
185 (a) reduce the degree of the offense [
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187 of the offense, and impose a sentence for the lower degree of the offense;
188 (b) allow withdrawal of the defendant's plea and order the dismissal of the case[
189 (c) issue an order of expungement for all records of the offense if:
190 (i) the defendant successfully completes a problem solving court program that is
191 certified by the Judicial Council; and
192 (ii) the court allows the withdrawal of the defendant's plea and orders the dismissal of
193 the case.
194 (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
195 abeyance agreement and only as provided in the plea in abeyance agreement or as agreed to by
196 all parties, the court may [
197
198 (i) reduce the degree of the offense, enter a judgment of conviction for the lower degree
199 of the offense, and impose a sentence for the lower degree of the offense;
200 (ii) allow withdrawal of the defendant's plea and order the dismissal of the case; or
201 (iii) issue an order of expungement for all records of the offense if:
202 (A) the defendant successfully completes a problem solving court program that is
203 certified by the Judicial Council; and
204 (B) the court allows the withdrawal of the defendant's plea and orders the dismissal of
205 the case.
206 (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
207 abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of
208 the offense.
209 (4) The court may require the Department of Corrections to assist in the administration
210 of the plea in abeyance agreement as if the defendant were on probation to the court under
211 Section 77-18-105.
212 (5) The terms of a plea in abeyance agreement may include:
213 (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
214 surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
215 the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
216 surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
217 which may not exceed in amount the maximum fine and surcharge which could have been
218 imposed upon conviction and sentencing for the same offense;
219 (b) an order that the defendant pay the costs of any remedial or rehabilitative program
220 required by the terms of the agreement; and
221 (c) an order that the defendant comply with any other conditions that could have been
222 imposed as conditions of probation upon conviction and sentencing for the same offense.
223 (6) (a) The terms of a plea in abeyance shall include:
224 (i) a specific amount of restitution that the defendant will pay, as agreed to by the
225 defendant and the prosecuting attorney;
226 (ii) a certification from the prosecuting attorney that:
227 (A) the prosecuting attorney has consulted with all victims, including the Utah Office
228 for Victims of Crime; and
229 (B) all victims, including the Utah Office for Victims of Crime, are not seeking
230 restitution; or
231 (iii) an agreement between the parties that restitution will be determined by the court at
232 a subsequent hearing in accordance with Section 77-38b-205.
233 (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
234 defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
235 entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
236 defendant.
237 (c) The court shall collect, receive, process, and distribute payments for restitution to
238 the victim, unless otherwise provided by law or by the plea in abeyance agreement.
239 (d) If the defendant does not successfully complete the terms of the plea in abeyance,
240 the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims
241 Restitution Act, upon entering a sentence for the defendant.
242 (7) (a) A court may not hold a plea in abeyance without the consent of both the
243 prosecuting attorney and the defendant.
244 (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
245 (8) No plea may be held in abeyance in any case involving:
246 (a) a sexual offense against an individual who is under 14 years old; or
247 (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
248 41-6a-517, 41-6a-520, 41-6a-520.1, 41-6a-521.1, 76-5-102.1, or 76-5-207.
249 (9) (a) If the terms of a plea in abeyance agreement allow a court to issue an order of
250 expungement as described in Subsection (2)(c), the prosecuting attorney shall make a
251 reasonable effort to provide notice to any victim of the offense of the terms of the plea in
252 abeyance agreement.
253 (b) The notice under Subsection (9)(a) shall:
254 (i) state that the victim has a right to object to the expungement; and
255 (ii) provide instructions for registering an objection with the court.
256 (c) If there is a victim of the offense, the victim may file an objection with the court
257 before the court makes a finding as to whether the defendant successfully completed the terms
258 of the plea in abeyance agreement as described in Subsection (3).
259 (d) The defendant may respond, in writing, to any objection filed by the victim within
260 14 days after the day on which the objection is received by the court.
261 (10) If the court issues an order of expungement under Subsection (3)(a)(iii), the court
262 shall:
263 (a) expunge all records of the case as described in Section 77-40a-401; and
264 (b) notify the Bureau of Criminal Identification of the order of expungement.
265 (11) (a) Upon receiving notice from the court of an expungement order as described in
266 Subsection (10), the Bureau of Criminal Identification shall notify any agency, as defined in
267 Section 77-40a-101, affected by the expungement order.
268 (b) For purposes of Subsection (11)(a), the Bureau of Criminal Identification may not
269 notify the Board of Pardons and Parole of an expungement order if the individual has never
270 been:
271 (i) sentenced to prison in this state; or
272 (ii) under the jurisdiction of the Board of Pardons and Parole.
273 (c) The Bureau of Criminal Identification shall forward a copy of the expungement
274 order to the Federal Bureau of Investigation.
275 (12) The defendant may deliver copies of the expungement to any agency, as defined in
276 Section 77-40a-101, affected by the order of expungement.
277 (13) If an agency receives an expungement order under this part, the agency shall
278 expunge all records for the case in accordance with Section 77-40a-401.
279 Section 6. Section 77-40a-101 is amended to read:
280 77-40a-101. Definitions.
281 As used in this chapter:
282 (1) "Agency" means a state, county, or local government entity that generates or
283 maintains records relating to an investigation, arrest, detention, or conviction for an offense for
284 which expungement may be ordered.
285 (2) "Automatic expungement" means the expungement of records of an investigation,
286 arrest, detention, or conviction of an offense without the filing of a petition.
287 [
288 Public Safety established in Section 53-10-201.
289 (4) "Civil accounts receivable" means the same as that term is defined in Section
290 77-32b-102.
291 (5) "Civil judgment of restitution" means the same as that term is defined in Section
292 77-32b-102.
293 [
294 the criminal record and all records of arrest, investigation, and detention associated with a case
295 that is the subject of a petition for expungement is eligible for expungement.
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351 (7) "Clean slate eligible case" means a case that is eligible for automatic expungement
352 under Section 77-40a-205.
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354 guilty after trial, a plea of guilty, or a plea of nolo contendere.
355 (9) "Court" means a district court or a justice court.
356 (10) "Criminal accounts receivable" means the same as that term is defined in Section
357 77-32b-102.
358 [
359 78B-7-102.
360 [
361 Section 78B-7-102.
362 [
363 53-1-103.
364 [
365 (a) an offense described in Subsection 58-37-8(2), except for:
366 (i) [
367 more of marijuana;
368 (ii) [
369 correctional facility; or
370 (iii) an offense for driving with a controlled substance illegally in the person's body and
371 negligently causing serious bodily injury or death of another, as codified before May 4, 2022,
372 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
373 (b) an offense described in Subsection 58-37a-5(1), use or possession of drug
374 paraphernalia;
375 (c) an offense described in Section 58-37b-6, possession or use of an imitation
376 controlled substance; or
377 (d) any local ordinance which is substantially similar to any of the offenses described
378 in this Subsection [
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382 (i) sealing the record; or
383 (ii) restricting or denying access to the record.
384 (b) "Expunge" does not include the destruction of a record.
385 (16) "Indigent" means a financial status that results from a court finding that a
386 petitioner is financially unable to pay the fee to file a petition for expungement under Section
387 78A-2-302.
388 [
389 territory, or possession of the United States or any foreign country.
390 [
391 [
392 (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
393 76-10-105.
394 (c) "Minor regulatory offense" does not include:
395 (i) any drug possession offense;
396 (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
397 Reckless Driving;
398 (iii) an offense under Sections 73-18-13 through 73-18-13.6;
399 (iv) except as provided in Subsection [
400 Criminal Code; or
401 (v) any local ordinance that is substantially similar to an offense listed in Subsections
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404 chapter.
405 [
406 77-2a-1.
407 (21) "Record" means a book, letter, document, paper, map, plan, photograph, film,
408 card, tape, recording, electronic data, or other documentary material, regardless of physical
409 form or characteristics, that:
410 (a) is contained in the agency's file regarding the arrest, detention, investigation,
411 conviction, sentence, incarceration, probation, or parole of an individual; and
412 (b) is prepared, owned, received, or retained by an agency, including a court.
413 [
414 (21)(b):
415 (i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
416 under Title 41, Chapter 6a, Traffic Code;
417 (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
418 under Title 53, Chapter 3, Part 2, Driver Licensing Act;
419 (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
420 under Title 73, Chapter 18, State Boating Act; and
421 (iv) all local ordinances that are substantially similar to an offense listed in Subsections
422 [
423 (b) "Traffic offense" does not mean:
424 (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
425 Reckless Driving;
426 (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
427 (iii) any local ordinance that is substantially similar to an offense listed in Subsection
428 [
429 [
430 offense.
431 Section 7. Section 77-40a-104 is amended to read:
432 77-40a-104. Department rulemaking authority.
433 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
434 department may make rules to:
435 (1) implement procedures for processing an automatic expungement;
436 (2) implement procedures for applying for certificates of eligibility;
437 (3) specify procedures for receiving a certificate of eligibility;
438 (4) create forms and determine information necessary to be provided to the bureau; and
439 (5) implement procedures for the confirmation of an expungement under Subsection
440 [
441 Section 8. Section 77-40a-201 is amended to read:
442
443 77-40a-201. General provisions for automatic expungement and deletion.
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517 expungement of records that are eligible for automatic expungement or deletion under this
518 section if an automatic expungement or deletion has not occurred pursuant to this section.
519 [
520 preclude a person from requesting access to expunged records in accordance with Section
521 77-40a-403 or 77-40a-404.
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523 process for automatic expungement.
524 (b) The rules under Subsection [
525 (i) a presiding judge of a district court to issue an expungement order for any case
526 when the requirements for automatic expungement are met; and
527 (ii) a presiding judge of a justice court to issue an expungement order for any justice
528 court case within the presiding judge's judicial district when the requirements for automatic
529 expungement are met.
530 (4) An individual does not have a cause of action for damages as a result of the failure
531 to:
532 (a) identify an individual's case as eligible for automatic expungement or deletion
533 under this part; or
534 (b) automatically expunge or delete the records of a case that is eligible under this part.
535 Section 9. Section 77-40a-202 is amended to read:
536 77-40a-202. Automatic deletion for traffic offense by a court.
537 (1) [
538 traffic offenses [
539 (a) a traffic offense case that resulted in an acquittal on all charges;
540 (b) a traffic offense case that is dismissed with prejudice, except for a case that is
541 dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
542 governed by Subsection 77-2a-3(2)(b); or
543 (c) a traffic offense case for which the following time periods have elapsed from the
544 day on which the case is adjudicated:
545 (i) at least five years for a class C misdemeanor or an infraction; or
546 (ii) at least six years for a class B misdemeanor.
547 (2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
548 on or after May 1, 2020, the court shall delete all records for the traffic offense upon
549 identification.
550 (3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
551 before May 1, 2020, the court shall delete all records for the traffic offense within one year of
552 the day on which the case is identified as eligible for deletion.
553 [
554
555 Section 10. Section 77-40a-204 is enacted to read:
556 77-40a-204. Request for automatic expungement of a case -- Automatic
557 expungement before October 1, 2024, and on and after October 1, 2027.
558 (1) (a) On and after October 1, 2024, but before October 1, 2027, an individual must
559 submit the necessary form to the court to receive an expungement of a case that is eligible
560 under this part.
561 (b) If a form is submitted as described in Subsection (1), the court shall determine
562 whether the individual has a case that qualifies for expungement in accordance with Sections
563 77-40a-205 and 77-40a-206.
564 (2) A court shall automatically expunge a case in accordance with this part if the court
565 identified the case as being eligible for automatic expungement before October 1, 2024, and the
566 requirements for automatic expungement were met under this part.
567 (3) On and after October 1, 2027, a court shall automatically expunge a case in
568 accordance with this part if the court identifies the case as being eligible for automatic
569 expungement.
570 (4) A court shall make reasonable efforts, within available funding, to expunge a case
571 under Subsection (3) as quickly as practicable with the goal of:
572 (a) expunging a case that resulted in an acquittal on all charges on or after May 1,
573 2020, 60 days after acquittal;
574 (b) expunging a case that resulted in a dismissal with prejudice, other than a case that is
575 dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
576 governed by Subsection 77-2a-3(2)(b), on or after May 1, 2020, 180 days after:
577 (i) for a case in which no appeal was filed, the day on which the entire case against the
578 individual is dismissed with prejudice; or
579 (ii) for a case in which an appeal was filed, the day on which a court issues a final
580 nonappealable order;
581 (c) expunging a clean slate eligible case that is adjudicated or dismissed on or after
582 May 1, 2020, and is not a traffic offense within 30 days of the court determining that the
583 requirements for expungement have been satisfied under Section 77-40a-205; and
584 (d) expunging a case adjudicated or dismissed before May 1, 2020, within one year of
585 the day on which the case is identified as eligible for automatic expungement.
586 Section 11. Section 77-40a-205 is enacted to read:
587 77-40a-205. Automatic expungement of state records for a clean slate case.
588 (1) A court shall issue an order of expungement, without the filing of a petition, for all
589 records of the case that are held by the court and the bureau if:
590 (a) on and after October 1, 2024, but before October 1, 2027, the individual submitted
591 a form requesting expungement of a case as described in Section 77-40a-204;
592 (b) the case is eligible for expungement under this section; and
593 (c) the prosecuting agency does not object to the expungement of the case as described
594 in Subsection (6).
595 (2) Except as otherwise provided in Subsection (3), a case is eligible for expungement
596 under this section if:
597 (a) (i) each conviction within the case is a conviction for:
598 (A) a misdemeanor offense for possession of a controlled substance in violation of
599 Subsection 58-37-8(2)(a)(i);
600 (B) a class B misdemeanor offense;
601 (C) a class C misdemeanor offense; or
602 (D) an infraction; and
603 (ii) the following time periods have passed after the day on which the individual is
604 adjudicated:
605 (A) at least five years for the conviction of a class C misdemeanor offense or an
606 infraction;
607 (B) at least six years for the conviction of a class B misdemeanor offense; or
608 (C) at least seven years for the conviction of a class A misdemeanor offense for
609 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); or
610 (b) (i) the case is dismissed as a result of a successful completion of a plea in abeyance
611 agreement governed by Subsection 77-2a-3(2)(b) or the case is dismissed without prejudice;
612 (ii) each charge within the case is:
613 (A) a misdemeanor offense for possession of a controlled substance in violation of
614 Subsection 58-37-8(2)(a)(i);
615 (B) a class B misdemeanor offense;
616 (C) a class C misdemeanor offense; or
617 (D) an infraction; and
618 (iii) the following time periods have passed after the day on which the case is
619 dismissed:
620 (A) at least five years for a charge in the case for a class C misdemeanor offense or an
621 infraction;
622 (B) at least six years for a charge in the case for a class B misdemeanor offense; or
623 (C) at least seven years for a charge in the case for a class A misdemeanor offense for
624 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
625 (3) A case is not eligible for expungement under this section if:
626 (a) the individual has a total number of convictions in courts of this state that exceed
627 the limits under Subsection 77-40a-303(4) or (5) without taking into consideration:
628 (i) the exception in Subsection 77-40a-303(7); or
629 (ii) any infraction, traffic offense, or minor regulatory offense;
630 (b) there is a criminal proceeding for a misdemeanor or felony offense pending in a
631 court of this state against the individual, unless the proceeding is for a traffic offense;
632 (c) for an individual seeking an automatic expungement on and after January 1, 2025,
633 the individual is incarcerated in the state prison or on probation or parole that is supervised by
634 the Department of Corrections;
635 (d) the case resulted in the individual being found not guilty by reason of insanity;
636 (e) the case establishes a criminal accounts receivable that:
637 (i) has been entered as a civil accounts receivable or a civil judgment of restitution and
638 transferred to the Office of State Debt Collection under Section 77-18-114; or
639 (ii) has not been satisfied according to court records; or
640 (f) the case resulted in a plea held in abeyance or a conviction for the following
641 offenses:
642 (i) any of the offenses listed in Subsection 77-40a-303(2)(a);
643 (ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
644 the Individual;
645 (iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
646 (iv) sexual battery in violation of Section 76-9-702.1;
647 (v) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
648 (vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
649 and Reckless Driving;
650 (vii) damage to or interruption of a communication device in violation of Section
651 76-6-108;
652 (viii) a domestic violence offense as defined in Section 77-36-1; or
653 (ix) any other offense classified in the Utah Code as a felony or a class A misdemeanor
654 other than a class A misdemeanor conviction for possession of a controlled substance in
655 violation of Subsection 58-37-8(2)(a)(i).
656 (4) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
657 Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that
658 appears to be eligible for automatic expungement under this section.
659 (5) Within 35 days after the day on which the notice described in Subsection (4) is
660 sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the
661 Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic
662 expungement for any of the following reasons:
663 (a) the prosecuting agency believes that the case is not eligible for expungement under
664 this section after reviewing the agency record;
665 (b) the individual has not paid restitution to the victim as ordered by the court; or
666 (c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
667 individual involved in the case is continuing to engage in criminal activity within or outside of
668 the state.
669 (6) If a prosecuting agency provides written notice of an objection for a reason
670 described in Subsection (5) within 35 days after the day on which the notice under Subsection
671 (4) is sent, the court may not proceed with automatic expungement of the case.
672 (7) If 35 days pass after the day on which the notice described in Subsection (4) is sent
673 without the prosecuting agency providing written notice of an objection under Subsection (5),
674 the court shall proceed with automatic expungement of the case.
675 (8) If a court issues an order of expungement under Subsection (1), the court shall:
676 (a) expunge all records of the case held by the court in accordance with Section
677 77-40a-401; and
678 (b) notify the bureau and the prosecuting agency identified in the case, based on
679 information available to the court, of the order of expungement.
680 Section 12. Section 77-40a-206 is enacted to read:
681 77-40a-206. Automatic expungement of state records for a case resulting in an
682 acquittal or dismissal with prejudice.
683 (1) A court shall issue an order of expungement, without the filing of a petition, for all
684 records of the case that are held by the court and the bureau if:
685 (a) on and after October 1, 2024, but before October 1, 2027, the individual submitted
686 a form requesting expungement of a case as described in Section 77-40a-204; and
687 (b) the case is eligible for expungement under this section.
688 (2) Except as provided in Subsection (3), a case is eligible for expungement under this
689 section if:
690 (a) (i) the case resulted in an acquittal on all charges; and
691 (ii) at least 60 days have passed after the day on which the case resulted in an acquittal;
692 or
693 (b) (i) the case is dismissed with prejudice; and
694 (ii) at least 180 days have passed after the day on which:
695 (A) for a case in which no appeal was filed, the entire case against the individual is
696 dismissed with prejudice; or
697 (B) for a case in which an appeal was filed, a court issues a final nonappealable order.
698 (3) A case is not eligible for expungement under Subsection (2) if:
699 (a) the case resulted in an acquittal because the individual is found not guilty by reason
700 of insanity; or
701 (b) the case is dismissed with prejudice as a result of successful completion of a plea in
702 abeyance agreement governed by Subsection 77-2a-3(2)(b).
703 (4) If a court issues an order of expungement under Subsection (1), the court shall:
704 (a) expunge all records of the case held by the court as described in Section
705 77-40a-401; and
706 (b) notify the bureau and the prosecuting agency identified in the case, based on
707 information available to the court, of the order of expungement.
708 Section 13. Section 77-40a-207 is enacted to read:
709 77-40a-207. Automatic expungement by the bureau.
710 (1) Upon receiving notice from a court of an expungement order under this part, the
711 bureau shall expunge all records of the case in accordance with Section 77-40a-401.
712 (2) The bureau shall forward a copy of the expungement order to the Federal Bureau of
713 Investigation.
714 (3) Except for the court and the bureau, an agency is not required to expunge all
715 records of a case that is automatically expunged under this part.
716 Section 14. Section 77-40a-301 is amended to read:
717 77-40a-301. Application for certificate of eligibility for expungement -- Penalty
718 for false or misleading information on application.
719 (1) If an individual seeks to expunge the individual's criminal record in regard to an
720 arrest, investigation, detention, or conviction, the individual shall:
721 (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a
722 certificate of eligibility for expungement of the criminal record and pay the application fee as
723 described in Section 77-40a-304;
724 [
725
726 (b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for
727 the certificate of eligibility as described in Section 77-40a-304; and
728 (c) file a petition for expungement in accordance with Section 77-40a-305.
729 (2) (a) An individual who intentionally or knowingly provides any false or misleading
730 information to the bureau when applying for a certificate of eligibility is guilty of a class B
731 misdemeanor and subject to prosecution under Section 76-8-504.6.
732 (b) Regardless of whether the individual is prosecuted, the bureau may deny a
733 certificate of eligibility to anyone who knowingly provides false information on an application.
734 Section 15. Section 77-40a-302 is amended to read:
735 77-40a-302. Requirements for certificate of eligibility to expunge records of
736 arrest, investigation, and detention.
737 (1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an
738 offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to
739 expunge records of the arrest, investigation, and detention in the case for the offense if:
740 (a) the following time periods have passed:
741 (i) at least 30 days have passed after the day on which the [
742 arrested or charged for the offense;
743 (ii) at least three years have passed after the day on which the petitioner was convicted
744 of the traffic offense if there is a conviction in the case for a traffic offense that is a class C
745 misdemeanor or an infraction; and
746 (iii) at least four years have passed after the day on which the petitioner was convicted
747 of the traffic offense if there is a conviction in the case for a traffic offense that is a class B
748 misdemeanor; and
749 (b) one of the following occurs:
750 (i) an investigating law enforcement agency and the prosecuting attorney have screened
751 the case and determined that no charges will be filed against the petitioner;
752 (ii) all charges in the case are dismissed with prejudice;
753 (iii) if a charge in the case is dismissed without prejudice or without condition:
754 (A) the prosecuting attorney consents in writing to the issuance of a certificate of
755 eligibility; or
756 (B) at least 180 days have passed after the day on which the charge is dismissed;
757 (iv) the petitioner is acquitted at trial on all of the charges in the case; or
758 (v) the statute of limitations expires on all of the charges in the case[
759 [
760
761
762 [
763
764
765 (2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
766 (a) there is a criminal proceeding for a misdemeanor or felony offense pending against
767 the petitioner, unless the criminal proceeding is for a traffic offense;
768 (b) there is a plea in abeyance for a misdemeanor or felony offense pending against the
769 petitioner, unless the plea in abeyance is for a traffic offense;
770 (c) the petitioner is currently incarcerated, on parole, or on probation, unless the
771 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
772 offense; or
773 (d) there is a criminal protective order or a criminal stalking injunction in effect for the
774 case.
775 Section 16. Section 77-40a-303 is amended to read:
776 77-40a-303. Requirements for a certificate of eligibility to expunge records of a
777 conviction.
778 (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
779 certificate of eligibility from the bureau to expunge the records of a conviction if:
780 (a) the petitioner has paid in full all fines and interest ordered by the court related to the
781 conviction for which expungement is sought;
782 (b) the petitioner has paid in full all restitution ordered by the court under Section
783 77-38b-205; and
784 (c) the following time periods have passed after the day on which the petitioner was
785 convicted or released from incarceration, parole, or probation, whichever occurred last, for the
786 conviction that the petitioner seeks to expunge:
787 (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
788 (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
789 amount of a controlled substance in an individual's body and causing serious bodily injury or
790 death, as codified before May 4, 2022, Laws of Utah 2021,
791 Chapter 236, Section 1, Subsection 58-37-8(2)(g);
792 (iii) seven years for the conviction of a felony;
793 (iv) five years for the conviction of a drug possession offense that is a felony;
794 (v) five years for the conviction of a class A misdemeanor;
795 (vi) four years for the conviction of a class B misdemeanor; or
796 (vii) three years for the conviction of a class C misdemeanor or infraction.
797 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
798 expunge the records of a conviction under Subsection (1) if:
799 (a) except as provided in Subsection (3), the conviction for which expungement is
800 sought is:
801 (i) a capital felony;
802 (ii) a first degree felony;
803 (iii) a felony conviction of a violent felony as defined in Subsection
804 76-3-203.5(1)(c)(i);
805 (iv) a felony conviction described in Subsection 41-6a-501(2);
806 (v) an offense, or a combination of offenses, that would require the individual to
807 register as a sex offender, as defined in Section 77-41-102; or
808 (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
809 (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
810 the petitioner, unless the criminal proceeding is for a traffic offense;
811 (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
812 petitioner, unless the plea in abeyance is for a traffic offense;
813 (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
814 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
815 offense;
816 (e) the petitioner intentionally or knowingly provides false or misleading information
817 on the application for a certificate of eligibility;
818 (f) there is a criminal protective order or a criminal stalking injunction in effect for the
819 case; or
820 (g) the bureau determines that the petitioner's criminal history makes the petitioner
821 ineligible for a certificate of eligibility under Subsection (4) or (5).
822 (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
823 defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
824 offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
825 a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
826 Court.
827 (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
828 certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
829 bureau determines that the petitioner's criminal history, including previously expunged
830 convictions, contains any of the following:
831 (a) two or more felony convictions other than for drug possession offenses, each of
832 which is contained in a separate criminal episode;
833 (b) any combination of three or more convictions other than for drug possession
834 offenses that include two class A misdemeanor convictions, each of which is contained in a
835 separate criminal episode;
836 (c) any combination of four or more convictions other than for drug possession
837 offenses that include three class B misdemeanor convictions, each of which is contained in a
838 separate criminal episode; or
839 (d) five or more convictions other than for drug possession offenses of any degree
840 whether misdemeanor or felony, each of which is contained in a separate criminal episode.
841 (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
842 of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
843 determines that the petitioner's criminal history, including previously expunged convictions,
844 contains any of the following:
845 (a) three or more felony convictions for drug possession offenses, each of which is
846 contained in a separate criminal episode; or
847 (b) any combination of five or more convictions for drug possession offenses, each of
848 which is contained in a separate criminal episode.
849 (6) If the petitioner's criminal history contains convictions for both a drug possession
850 offense and a non-drug possession offense arising from the same criminal episode, the bureau
851 shall count that criminal episode as a conviction under Subsection (4) if any non-drug
852 possession offense in that episode:
853 (a) is a felony or class A misdemeanor; or
854 (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
855 possession offense in that episode.
856 (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
857 on which the petitioner was convicted or released from incarceration, parole, or probation,
858 whichever occurred last, for all convictions:
859 (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased
860 by one; and
861 (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
862 the highest level of convicted offense in the criminal episode is:
863 (i) a class B misdemeanor;
864 (ii) a class C misdemeanor;
865 (iii) a drug possession offense if none of the non-drug possession offenses in the
866 criminal episode are a felony or a class A misdemeanor; or
867 (iv) an infraction.
868 (8) When determining whether a petitioner is eligible for a certificate of eligibility
869 under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
870 prior conviction for:
871 (a) an infraction;
872 (b) a traffic offense;
873 (c) a minor regulatory offense; or
874 (d) a clean slate eligible case that was automatically expunged [
875
876 (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
877 Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
878 in accordance with Section 77-27-5.1.
879 Section 17. Section 77-40a-304 is amended to read:
880 77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
881 (1) (a) When a petitioner applies for a certificate of eligibility as described in
882 Subsection 77-40a-301(1)[
883 (i) the bureau shall perform a check of records of governmental agencies, including
884 national criminal data bases, to determine whether the petitioner is eligible to receive a
885 certificate of eligibility under this chapter[
886 (ii) the petitioner shall pay an application fee at the time the petitioner submits an
887 application for a certificate of eligibility to the bureau.
888 (b) For purposes of determining eligibility under this chapter, the bureau may review
889 records of arrest, investigation, detention, and conviction that have been previously expunged,
890 regardless of the jurisdiction in which the expungement occurred.
891 [
892 [
893 [
894
895 [
896
897 [
898
899 [
900 history file is unobtainable after reasonable research, the bureau may issue a special certificate
901 giving determination of eligibility to the court, except that the bureau may not issue the special
902 certificate if:
903 (i) there is a criminal proceeding for a misdemeanor or felony offense pending against
904 the petitioner, unless the criminal proceeding is for a traffic offense;
905 (ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
906 petitioner, unless the plea in abeyance is for a traffic offense; or
907 (iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
908 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
909 offense.
910 (2) (a) Once the eligibility process is complete, the bureau shall notify the petitioner.
911 (b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303
912 and the bureau determines that the issuance of a certificate of eligibility or special certificate is
913 appropriate:
914 (i) the bureau shall issue a certificate of eligibility or special certificate that is valid for
915 a period of 180 days from the day on which the certificate is issued;
916 (ii) the bureau shall provide a petitioner with an identification number for the
917 certificate of eligibility or special certificate; and
918 (iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for
919 the issuance of a certificate of eligibility or special certificate.
920 [
921
922 [
923
924 [
925
926
927 [
928 (3) The bureau shall issue a certificate of eligibility or special certificate without
929 requiring the payment of the issuance fee if the petitioner:
930 (a) qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges
931 were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
932 Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
933 Diversion[
934 (b) indicates on the application for a certificate of eligibility that the petitioner
935 reasonably believes, as of the date of the application, that the fee to file a petition for
936 expungement is likely to be waived by a court because the petitioner is indigent.
937 [
938
939 [
940 needed for the court to issue a valid expungement order.
941 [
942 explain:
943 (a) the process for a petition for expungement; and
944 (b) what is required of the petitioner to complete the process for a petition for
945 expungement.
946 (6) If a petitioner indicates on the application for a certificate of eligibility that a court
947 is likely to waive the fee for a petition for expungement as described in Subsection (3)(b), the
948 bureau shall:
949 (a) inform the petitioner that the petitioner will be required to pay an issuance fee
950 before an agency will expunge the offense if a court does not waive the fee for a petition for
951 expungement; and
952 (b) provide the petitioner with the form for waiving a court fee for a petition for
953 expungement.
954 (7) If the bureau issues a certificate of eligibility or a special certificate without
955 requiring payment of the issuance fee as described in Subsection (3)(b), the bureau shall charge
956 the petitioner the issuance fee upon the bureau's receipt of an order deciding a petition for
957 expungement unless the court communicates to the bureau that the fee to file the petition for
958 expungement was waived because the petitioner is indigent.
959 (8) (a) If the petitioner qualifies for a waiver of the issuance fee under Subsection (7)
960 and the expungement order grants the petition for expungement, the bureau shall process the
961 expungement order in accordance with Section 77-40a-401 as if the petitioner paid the issuance
962 fee.
963 (b) If the petitioner does not qualify for a waiver of the issuance fee under Subsection
964 (7) and the expungement order grants the petition for expungement, the bureau may not process
965 the expungement order as described in Section 77-40a-401, or notify other agencies affected by
966 the expungement order as described in Section 77-40a-307, until the petitioner pays the
967 issuance fee.
968 (c) If the bureau issues a certificate of eligibility or special certificate without requiring
969 payment of the issuance fee under Subsection (3)(b), the bureau may not charge the petitioner
970 an issuance fee on the grounds that the validity of the certificate described in (2)(b)(i) has
971 expired.
972 (9) The bureau shall charge application and issuance fees for a certificate of eligibility
973 or special certificate in accordance with the process in Section 63J-1-504.
974 (10) The department shall deposit funds generated by application and issuance fees
975 under this section into the General Fund as a dedicated credit by the department to cover the
976 costs incurred in determining eligibility for expungement.
977 Section 18. Section 77-40a-305 is amended to read:
978 77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing.
979 (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
980 Rules of Criminal Procedure, that includes the identification number for the certificate of
981 eligibility described in Subsection [
982 (b) Information on a certificate of eligibility is incorporated into a petition by reference
983 to the identification number for the certificate of eligibility.
984 (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
985 obtain a certificate of eligibility from the bureau.
986 (b) A court may not accept a petition for expungement if the certificate of eligibility is
987 no longer valid as described in Subsection [
988 (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
989 of a traffic offense case without obtaining a certificate of eligibility if:
990 (a) (i) for a traffic offense case with a class C misdemeanor or infraction, at least three
991 years have passed after the day on which the petitioner was convicted; or
992 (ii) for a traffic offense case with a class B misdemeanor, at least four years have
993 passed after the day on which the petitioner was convicted;
994 (b) there is no traffic offense case pending against the petitioner;
995 (c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
996 and
997 (d) the petitioner is not currently on probation for a traffic offense case.
998 (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
999 a record for a conviction related to cannabis possession without a certificate of eligibility if the
1000 petition demonstrates that:
1001 (a) the petitioner had, at the time of the relevant arrest or citation leading to the
1002 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1003 (b) the possession of cannabis in question was in a form and an amount to medicinally
1004 treat the qualifying condition described in Subsection (4)(a).
1005 (5) (a) The court shall provide notice of a filing of a petition and certificate of
1006 eligibility to the prosecutorial office that handled the court proceedings within three days after
1007 the day on which the petitioner's filing fee is paid or waived.
1008 (b) If there were no court proceedings, the court shall provide notice of a filing of a
1009 petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
1010 arrest occurred.
1011 (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
1012 or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
1013 the arrest occurred shall immediately notify the city attorney's office that the county attorney's
1014 office has received a notice of a filing of a petition for expungement.
1015 (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
1016 or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
1017 make a reasonable effort to provide notice to any victim of the conviction or charge.
1018 (b) The notice under Subsection (6)(a) shall:
1019 (i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
1020 to the petition;
1021 (ii) state that the victim has a right to object to the expungement; and
1022 (iii) provide instructions for registering an objection with the court.
1023 (7) (a) The prosecuting attorney may respond to the petition by filing a
1024 recommendation or objection with the court within 35 days after the day on which the notice of
1025 the filing of the petition is sent by the court to the prosecuting attorney.
1026 (b) If there is a victim of the offense for which expungement is sought, the victim may
1027 respond to the petition by filing a recommendation or objection with the court within 60 days
1028 after the day on which the petition for expungement was filed with the court.
1029 (8) (a) The court may request a written response to the petition from the Division of
1030 Adult Probation and Parole within the Department of Corrections.
1031 (b) If requested, the response prepared by the Division of Adult Probation and Parole
1032 shall include:
1033 (i) the reasons probation was terminated; and
1034 (ii) certification that the petitioner has completed all requirements of sentencing and
1035 probation or parole.
1036 (c) The Division of Adult Probation and Parole shall provide a copy of the response to
1037 the petitioner and the prosecuting attorney.
1038 (9) The petitioner may respond in writing to any objections filed by the prosecuting
1039 attorney or the victim and the response prepared by the Division of Adult Probation and Parole
1040 within 14 days after the day on which the objection or response is received.
1041 (10) (a) If the court receives an objection concerning the petition from any party, the
1042 court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
1043 date set for the hearing.
1044 (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
1045 (c) The petitioner, the prosecuting attorney, the victim, and any other person who has
1046 relevant information about the petitioner may testify at the hearing.
1047 (d) The court shall review the petition, the certificate of eligibility, and any written
1048 responses submitted regarding the petition.
1049 (11) If no objection is received within 60 days from the day on which the petition for
1050 expungement is filed with the court, the expungement may be granted without a hearing.
1051 (12) (a) If the petitioner seeks a waiver of the fee required for a petition for
1052 expungement in accordance with Section 78A-2-302, the court shall consider the total number
1053 of cases for which the petitioner has received a certificate of eligibility and is seeking
1054 expungement in determining whether the petitioner is indigent under Subsection
1055 78A-2-302(3)(e) even if the court does not have jurisdiction over a case for which the
1056 petitioner is seeking expungement.
1057 (b) If a court grants a waiver of the fee required for a petition for expungement in
1058 accordance with Section 78A-2-302, and only upon a request from the petitioner, a subsequent
1059 court shall grant a waiver of a fee for a petition for expungement if the prior court waived the
1060 fee for a petition for expungement within 180 days before the day on which the petitioner filed
1061 the petition for expungement with the subsequent court.
1062 Section 19. Section 77-40a-306 is amended to read:
1063 77-40a-306. Order of expungement.
1064 (1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an
1065 order of expungement if the court finds, by clear and convincing evidence, that:
1066 (a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate
1067 of eligibility are sufficient;
1068 (b) the statutory requirements have been met;
1069 (c) if the petitioner seeks expungement after a case is dismissed without prejudice or
1070 without condition, the prosecuting attorney provided written consent and has not filed and does
1071 not intend to refile related charges;
1072 (d) if the petitioner seeks expungement without a certificate of eligibility for
1073 expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis
1074 possession:
1075 (i) the petitioner had, at the time of the relevant arrest or citation leading to the
1076 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1077 (ii) the possession of cannabis in question was in a form and an amount to medicinally
1078 treat the qualifying condition described in Subsection (1)(d)(i);
1079 (e) if an objection is received, the petition for expungement is for a charge dismissed in
1080 accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
1081 for enhancement, there is good cause for the court to grant the expungement; and
1082 (f) the interests of the public would not be harmed by granting the expungement.
1083 (2) (a) If the court denies a petition described in Subsection (1)(c) because the
1084 prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
1085 eligibility if charges are not refiled within 180 days after the day on which the court denies the
1086 petition.
1087 (b) A prosecuting attorney who opposes an expungement of a case dismissed without
1088 prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
1089 (c) A court shall consider the number of times that good faith basis of intention to
1090 refile by the prosecuting attorney is presented to the court in making the court's determination
1091 to grant the petition for expungement described in Subsection (1)(c).
1092 (3) If the court grants a petition described in Subsection (1)(e), the court shall make the
1093 court's findings in a written order.
1094 (4) A court may not expunge a conviction of an offense for which a certificate of
1095 eligibility may not be, or should not have been, issued under Section 77-40a-302 or
1096 77-40a-303.
1097 (5) If a court grants a petition for expungement, the court shall:
1098 (a) expunge all records of the case as described in Section 77-40a-401; and
1099 (b) notify the bureau of the order of expungement.
1100 Section 20. Section 77-40a-307 is enacted to read:
1101 77-40a-307. Distribution of expungement order based on a petition to all agencies.
1102 (1) (a) Upon receiving notice from the court of an expungement order as described in
1103 Subsection 77-40a-306(5), the bureau shall notify all agencies affected by the expungement
1104 order.
1105 (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
1106 and Parole of an expungement order if the individual has never been:
1107 (i) sentenced to prison in this state; or
1108 (ii) under the jurisdiction of the Board of Pardons and Parole.
1109 (c) The bureau shall forward a copy of the expungement order to the Federal Bureau of
1110 Investigation.
1111 (2) A petitioner may deliver copies of the expungement to all agencies affected by the
1112 order of expungement.
1113 (3) If an agency receives an expungement order under this part, the agency shall
1114 expunge all records for the case in accordance with Section 77-40a-401.
1115 Section 21. Section 77-40a-401 is amended to read:
1116
1117 77-40a-401. Processing of expungement order -- Written confirmation of
1118 expungement -- Effect of an expungement.
1119 [
1120
1121 [
1122
1123 [
1124 [
1125 [
1126
1127 [
1128
1129
1130 [
1131
1132
1133
1134 [
1135
1136 [
1137
1138
1139 [
1140
1141
1142 (1) In processing an expungement order, a court and the bureau shall give priority to:
1143 (a) first, an expungement order granting a petition for expungement under Part 3,
1144 Petition for Expungement;
1145 (b) second, an expungement order upon a pardon by the Board of Pardons and Parole
1146 as described in Section 77-27-5.1;
1147 (c) third, an expungement order upon a plea in abeyance as described in Section
1148 77-2a-3;
1149 (d) fourth, an expungement order where an individual submitted a form requesting
1150 automatic expungement under Part 2, Automatic Expungement and Deletion; and
1151 (e) fifth, an expungement order where the court identified the case as being eligible for
1152 automatic expungement under Part 2, Automatic Expungement and Deletion.
1153 (2) An individual, who receives an expungement order under Section 77-27-5.1, shall
1154 pay a processing fee to the bureau, established in accordance with the process in Section
1155 63J-1-504, before the bureau's record may be expunged.
1156 (3) An agency shall:
1157 (a) develop and implement a process to identify an expunged record; and
1158 (b) keep, index, and maintain all expunged records of arrests and convictions.
1159 (4) (a) If an individual who receives an expungement requests confirmation from an
1160 agency, the agency shall provide the individual with written confirmation that:
1161 (i) the agency has identified all records subject to expungement; and
1162 (ii) except as otherwise provided by Sections 77-40a-402 and 77-40a-403, the agency
1163 will restrict or deny access to all of the expunged records.
1164 (b) The bureau may charge a fee for providing a written confirmation under Subsection
1165 (4)(a) in accordance with the process in Section 63J-1-504.
1166 (5) Upon entry of an expungement order, an individual, who received the
1167 expungement, may respond to any inquiry as though the arrest, investigation, detention,
1168 prosecution, or conviction did not occur unless otherwise provided by law or ordered by a court
1169 to respond differently.
1170 (6) (a) An expungement order may not restrict an agency's use or dissemination of
1171 records in the agency's ordinary course of business until the agency has received a copy of the
1172 order.
1173 (b) Any action taken by an agency after issuance of the order but prior to the agency's
1174 receipt of a copy of the order may not be invalidated by the order.
1175 (7) An expungement order may not:
1176 (a) terminate or invalidate any pending administrative proceedings or actions of which
1177 the individual had notice according to the records of the administrative body prior to issuance
1178 of the expungement order;
1179 (b) affect the enforcement of any order or findings issued by an administrative body
1180 pursuant to the administrative body's lawful authority prior to issuance of the expungement
1181 order;
1182 (c) remove any evidence relating to the individual including records of arrest, which
1183 the administrative body has used or may use in these proceedings; or
1184 (d) prevent an agency from maintaining, sharing, or distributing any record required by
1185 law.
1186 Section 22. Section 77-40a-402 is amended to read:
1187 77-40a-402. Distribution for order for vacatur.
1188 (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
1189 shall be responsible for delivering a copy of the order for vacatur to all affected [
1190
1191 (2) To complete delivery of the order for vacatur to the bureau, the individual shall
1192 complete and attach to the order for vacatur an application for a certificate of eligibility for
1193 expungement, including identifying information and fingerprints, in accordance with Section
1194 77-40a-301.
1195 (3) Except as otherwise provided in this section, the bureau shall treat the order for
1196 vacatur and attached certificate of eligibility for expungement the same as a valid order for
1197 expungement under Section 77-40a-401.
1198 (4) Unless otherwise provided by law or ordered by a court to respond differently, an
1199 individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may
1200 respond to any inquiry as though the conviction did not occur.
1201 (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
1202 Investigation.
1203 (6) An agency receiving an order for vacatur shall expunge the individual's identifying
1204 information contained in records in the agency's possession relating to the incident for which
1205 vacatur is ordered.
1206 (7) [
1207 record of arrest, investigation, detention, or conviction after receiving an order for vacatur to
1208 any person or agency, except for:
1209 (a) the individual for whom vacatur was ordered; or
1210 (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and
1211 Subsection [
1212 (8) The bureau may not count vacated convictions against any future expungement
1213 eligibility.
1214 Section 23. Section 77-40a-403 is amended to read:
1215 77-40a-403. Release and use of expunged records.
1216 [
1217
1218 [
1219
1220 [
1221
1222
1223 [
1224
1225 [
1226
1227 record, may not knowingly or intentionally divulge any information contained in the expunged
1228 record to any person, or another agency, without a court order unless:
1229 (i) specifically authorized by statute; or
1230 (ii) subject to Subsection [
1231 being shared with another agency through a records management system that both agencies use
1232 for the purpose of record management.
1233 (b) An agency with a records management system may not disclose any information in
1234 an expunged record with another agency or person that does not use the records management
1235 system for the purpose of record management.
1236 [
1237 expunged records upon specific request:
1238 (a) the Board of Pardons and Parole;
1239 (b) Peace Officer Standards and Training;
1240 (c) federal authorities if required by federal law;
1241 (d) the State Board of Education;
1242 (e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
1243 applicants for judicial office; and
1244 (f) a research institution or an agency engaged in research regarding the criminal justice
1245 system if:
1246 (i) the research institution or agency provides a legitimate research purpose for
1247 gathering information from the expunged records;
1248 (ii) the research institution or agency enters into a data sharing agreement with the
1249 court or agency with custody of the expunged records that protects the confidentiality of any
1250 identifying information in the expunged records;
1251 (iii) any research using expunged records does not include any individual's name or
1252 identifying information in any product of that research; and
1253 (iv) any product resulting from research using expunged records includes a disclosure
1254 that expunged records were used for research purposes.
1255 [
1256 agency, or an entity authorized by this section to view expunged records may not reveal or
1257 release any information obtained from the expunged records to anyone outside the specific
1258 request, including distribution on a public website.
1259 [
1260 or another prosecutorial agency, regarding information in an expunged record that includes a
1261 conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
1262 agreement, for:
1263 (a) stalking as described in Section 76-5-106.5;
1264 (b) a domestic violence offense as defined in Section 77-36-1;
1265 (c) an offense that would require the individual to register as a sex offender, as defined
1266 in Section 77-41-102; or
1267 (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
1268 [
1269 an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
1270 individual with an offense that requires a prior conviction.
1271 [
1272 Section 53-5-704.
1273 [
1274 an offense eligible for enhancement based on a prior conviction[
1275 expungement, the prosecuting attorney may petition the court to open the expunged records
1276 upon a showing of good cause.
1277 [
1278 this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
1279 (b) The records are confidential and are available for inspection only by the court,
1280 parties, counsel for the parties, and any other person who is authorized by the court to inspect
1281 them.
1282 (c) At the end of the action or proceeding, the court shall order the records expunged
1283 again.
1284 (d) Any person authorized by this Subsection [
1285 not reveal or release any information obtained from the expunged records to anyone outside the
1286 court.
1287 [
1288 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
1289 Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
1290 Section 24. Section 77-40a-404 is amended to read:
1291 77-40a-404. Confirmation of expungement -- Access to expunged records by
1292 individuals.
1293 (1) An individual who receives an expungement may request a written confirmation
1294 from an agency under Subsection [
1295 has expunged all records of the offense for which the individual received the expungement.
1296 (2) The following individuals may view or obtain an expunged record under this
1297 chapter or Section 77-27-5.1:
1298 (a) the petitioner or an individual who receives an automatic expungement under
1299 [
1300 (b) a law enforcement officer, who was involved in the case, for use solely in the
1301 officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1302 that particular case; and
1303 (c) a party to a civil action arising out of the expunged incident if the information is
1304 kept confidential and utilized only in the action.
1305 Section 25. Section 78A-2-302 is amended to read:
1306 78A-2-302. Waiver of fees, costs, and security -- Indigent litigants -- Affidavit.
1307 (1) As used in Sections 78A-2-302 through 78A-2-309:
1308 (a) "Convicted" means:
1309 (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
1310 condition, no contest; and
1311 (ii) a conviction of any crime or offense.
1312 (b) "Indigent" means [
1313
1314 unable to pay the fee, a cost, or give security.
1315 (c) "Prisoner" means an individual who has been convicted of a crime and is
1316 incarcerated for that crime or is being held in custody for trial or sentencing.
1317 (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
1318 state without prepayment of fees and costs or security if:
1319 (a) the individual submits an affidavit demonstrating that the individual is indigent[
1320 or
1321 (b) the individual is seeking a waiver of the fee for a petition for expungement and the
1322 individual provides the court with proof that another court granted a waiver for a petition for
1323 expungement as described in Subsection 77-40a-305(12)(b).
1324 (3) A court shall find an individual indigent if the individual's affidavit under
1325 Subsection (2) demonstrates:
1326 (a) if the cause is not a petition for expungement, the individual has an income level at
1327 or below 150% of the United States poverty level as defined by the most recent poverty income
1328 guidelines published by the United States Department of Health and Human Services;
1329 (b) if the cause is a petition for expungement, the individual has an income level at or
1330 below 175% of the United States poverty level as defined by the most recent poverty income
1331 guidelines published by the United States Department of Health and Human Services;
1332 [
1333 including Temporary Assistance to Needy Families, Supplemental Security Income, the
1334 Supplemental Nutrition Assistance Program, or Medicaid;
1335 [
1336 attorney through the Utah State Bar; or
1337 [
1338 and costs or security without depriving the individual, or the individual's family, of food,
1339 shelter, clothing, or other necessities.
1340 (4) An affidavit demonstrating that an individual is indigent under Subsection [
1341 (3)(e) shall contain complete information on the individual's:
1342 (a) identity and residence;
1343 (b) amount of income, including any government financial support, alimony, or child
1344 support;
1345 (c) assets owned, including real and personal property;
1346 (d) business interests;
1347 (e) accounts receivable;
1348 (f) securities, checking and savings account balances;
1349 (g) debts; and
1350 (h) monthly expenses.
1351 (5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
1352 amount of money held in the prisoner's trust account at the time the affidavit under Subsection
1353 (2) is executed in accordance with Section 78A-2-305.
1354 (6) An affidavit of indigency under this section shall state the following:
1355 I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
1356 the expenses of the action or legal proceedings which I am about to commence or the appeal
1357 which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
1358 proceedings, or appeal.
1359 (7) The Administrative Office of the Courts shall include on a form for an affidavit of
1360 indigency the following warning: "It is a crime for anyone to intentionally or knowingly
1361 provide false or misleading information to the court when seeking a waiver of a court fee."
1362 Section 26. Section 78A-7-209.5 is amended to read:
1363 78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers --
1364 Duties.
1365 (1) (a) In judicial districts having more than one justice court judge, the justice court
1366 judges shall elect one judge of the district to the office of presiding judge.
1367 (b) The presiding judge shall receive an additional $2,000 per annum as compensation
1368 from the Justice Court Technology, Security, and Training Account described in Section
1369 78A-7-301 for the period served as presiding judge.
1370 (2) (a) In judicial districts having more than two justice court judges, the justice court
1371 judges may elect one judge of the district to the office of associate presiding judge.
1372 (b) The associate presiding judge shall receive an additional $1,000 per annum as
1373 compensation from the Justice Court Technology, Security, and Training Account described in
1374 Section 78A-7-301 for the period served as associate presiding judge.
1375 (3) The presiding judge has the following authority and responsibilities, consistent with
1376 the policies of the Judicial Council:
1377 (a) working with each justice court judge in the district to implement policies and rules
1378 of the Judicial Council;
1379 (b) exercising powers and performing administrative duties as authorized by the
1380 Judicial Council;
1381 (c) if there is no other appointed justice court judge in that court available, assigning a
1382 justice court judge to hear a case in which a judge has been disqualified in accordance with
1383 rules of the Supreme Court;
1384 (d) if a justice court judge of the district cannot perform the justice court judge's duties
1385 in a case or cases due to illness, death, or other incapacity, and the governing body has not
1386 appointed a temporary justice court judge in accordance with Section 78A-7-208:
1387 (i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
1388 (ii) facilitating judicial coverage with the appointing municipal or county authority
1389 until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208,
1390 or a new justice court judge is formally appointed and takes office, in accordance with Section
1391 78A-7-202; and
1392 (e) entering orders of expungement in cases expunged in accordance with [
1393
1394 (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
1395 assume the responsibilities of the presiding judge.
1396 (b) The associate presiding judge shall perform other duties assigned by the presiding
1397 judge.
1398 Section 27. Section 78B-7-1001 is amended to read:
1399 78B-7-1001. Definitions.
1400 As used in this part:
1401 (1) (a) [
1402 provided in Subsection (1)(b), a state, county, or local government entity that generates or
1403 maintains records relating to a civil order for which expungement may be ordered.
1404 (b) "Agency" does not include the Division of Child and Family Services created in
1405 Section 80-2-201.
1406 (2) "Civil order" means:
1407 (a) an ex parte civil protective order;
1408 (b) an ex parte civil stalking injunction;
1409 (c) a civil protective order; or
1410 (d) a civil stalking injunction.
1411 [
1412
1413 (3) (a) "Expunge" means to remove a record from public inspection by:
1414 (i) sealing the record; or
1415 (ii) restricting or denying access to the record.
1416 (b) "Expunge" does not include the destruction of a record.
1417 (4) "Petitioner" means an individual petitioning for expungement of a civil order under
1418 this part.
1419 Section 28. Section 78B-7-1004 is amended to read:
1420 78B-7-1004. Distribution and effect of order of expungement -- Penalty.
1421 (1) An individual who receives an order of expungement under Section 78B-7-1003
1422 shall be responsible for delivering a copy of the order of expungement to any affected agency.
1423 [
1424
1425
1426 (2) If an agency receives an expungement order as described in Subsection (1), the
1427 agency shall expunge all records affected by the expungement order.
1428 (3) Upon entry of an expungement order by a court under Section 78B-7-1003:
1429 (a) the civil order is considered to never have occurred; and
1430 (b) the petitioner may reply to an inquiry on the matter as though there was never a
1431 civil order.
1432 (4) (a) Unless ordered by a court to do so, an agency or official may not divulge
1433 information or records that have been expunged under this part.
1434 (b) An expungement order may not restrict an agency's use or dissemination of records
1435 in the agency's ordinary course of business until the agency has received a copy of the
1436 expungement order.
1437 (c) Any action taken by an agency after issuance of the expungement order but before
1438 the agency's receipt of a copy of the expungement order may not be invalidated by the order.
1439 (5) An expungement order under this part may not:
1440 (a) terminate or invalidate any pending administrative proceedings or actions of which
1441 the individual had notice according to the records of the administrative body before issuance of
1442 the expungement order;
1443 (b) affect the enforcement of any order or findings issued by an administrative body
1444 pursuant to the administrative body's lawful authority prior to issuance of the expungement
1445 order; or
1446 (c) prevent an agency from maintaining, sharing, or distributing any record required by
1447 law.
1448 (6) An employee or agent of an agency that is prohibited from disseminating
1449 information from an expunged record under this section who knowingly or intentionally
1450 discloses identifying information from the expunged record, unless allowed by law, is guilty of
1451 a class A misdemeanor.
1452 (7) Records expunged under this part may be released to, or viewed by, the following
1453 individuals:
1454 (a) the petitioner; or
1455 (b) parties to a civil action arising out of the expunged civil order, providing the
1456 information is kept confidential and utilized only in the action.
1457 (8) This part does not preclude a court from considering the same circumstances or
1458 evidence for which an expunged civil order was issued in any proceeding that occurs after the
1459 civil order is expunged.
1460 Section 29. Section 80-6-1001 is amended to read:
1461 80-6-1001. Definitions.
1462 As used in this part:
1463 (1) "Abstract" means a copy or summary of a court's disposition.
1464 (2) (a) "Agency" means a state, county, or local government entity that generates or
1465 maintains records for which expungement may be ordered under this part.
1466 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
1467 purposes of this part.
1468 (3) (a) "Expunge" means [
1469
1470 a juvenile record from public inspection by:
1471 (i) sealing the juvenile record; or
1472 (ii) restricting or denying access to the juvenile record.
1473 (b) "Expunge" does not include the destruction of a juvenile record.
1474 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
1475 individual that are in the custody of the juvenile court or an agency.
1476 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
1477 Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of
1478 Parental Rights.
1479 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
1480 part.
1481 Section 30. Section 80-6-1006.1 is amended to read:
1482 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
1483 order -- Agency duties -- Effect of expungement -- Access to expunged record.
1484 (1) This section applies to an expungement order under Section 80-6-1004.1,
1485 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
1486 (2) The juvenile court may not order:
1487 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
1488 in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1489 that the juvenile court may order the Board of Pardons and Parole and the Department of
1490 Corrections to restrict access to a record if the record is specifically identified in the
1491 expungement order as a record in the possession of the Board of Pardons and Parole or the
1492 Department of Corrections; or
1493 (b) the Division of Child and Family Services to expunge a record in an individual's
1494 juvenile record that is contained in the Management Information System or the Licensing
1495 Information System unless:
1496 (i) the record is unsupported; or
1497 (ii) after notice and an opportunity to be heard, the Division of Child and Family
1498 Services stipulates in writing to expunging the record.
1499 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1500 copy of the expungement order to any affected agency or official identified in the juvenile
1501 record.
1502 (b) An individual who is the subject of an expungement order may deliver copies of the
1503 expungement order to all agencies and officials affected by the expungement order.
1504 (4) (a) Upon receipt of an expungement order, an agency shall:
1505 (i) [
1506
1507
1508
1509 (ii) destroy all photographs and records created under Section 80-6-608, except that a
1510 record of a minor's fingerprints may not be destroyed by an agency.
1511 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
1512 the individual who is the subject of the expungement order, or the individual's attorney, that the
1513 agency has complied with the expungement order.
1514 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1515 Department of Corrections:
1516 (a) may not disclose records expunged in an expungement order unless required by
1517 law;
1518 (b) are not required to destroy any photograph or record created under Section
1519 80-6-608;
1520 (c) may use an expunged record for purposes related to incarceration and supervision
1521 of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1522 purpose of making decisions about:
1523 (i) the treatment and programming of the individual;
1524 (ii) housing of the individual;
1525 (iii) applicable guidelines regarding the individual; or
1526 (iv) supervision conditions for the individual;
1527 (d) are not prohibited from disclosing or sharing any information in an expunged
1528 record with another agency that uses the same record management system as the Board of
1529 Pardons and Parole or the Department of Corrections; and
1530 (e) are not required to mail an affidavit under Subsection (4)(b).
1531 (6) Upon entry of an expungement order:
1532 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1533 detention for which the record is expunged is considered to have never occurred; and
1534 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1535 on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1536 an arrest, an investigation, or a detention.
1537 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
1538 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
1539 of the record.
1540 Section 31. Repealer.
1541 This bill repeals:
1542 Section 77-40a-203, Time periods for expungement or deletion -- Identification and
1543 processing of clean slate eligible cases.
1544 Section 32. Effective date.
1545 (1) Except as provided in Subsection (2), this bill takes effect on October 1, 2024.
1546 (2) Section 63M-7-221 takes effect on May 1, 2024.