Senator Kirk A. Cullimore proposes the following substitute bill:


1     
AMENDMENTS TO EXPUNGEMENT

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Michael S. Kennedy

6     

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, but before January 1, 2026;

26               •     providing that a court automatically expunge cases that are eligible for
27     expungement on and after January 1, 2026;
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 the Administrative Office of the Courts to include a warning on an affidavit

57     of indigency;
58          ▸     clarifies the expungement of records regarding protective orders, stalking
59     injunctions, and juvenile records;
60          ▸     repeals a statute regarding the time periods for expungement or deletion and
61     identifying and processing clean slate eligible cases; and
62          ▸     makes technical and conforming changes.
63     Money Appropriated in this Bill:
64          None
65     Other Special Clauses:
66          This bill provides a special effective date.
67          This bill provides a coordination clause.
68     Utah Code Sections Affected:
69     AMENDS:
70          63I-1-277, as last amended by Laws of Utah 2022, Chapter 384 and last amended by
71     Coordination Clause, Laws of Utah 2022, Chapter 384
72          63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
73          63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
74          77-2a-3, as last amended by Laws of Utah 2023, Chapters 113, 415
75          77-40a-101, as last amended by Laws of Utah 2023, Chapter 265
76          77-40a-104, as last amended by Laws of Utah 2023, Chapter 265
77          77-40a-201, as renumbered and amended by Laws of Utah 2022, Chapter 250
78          77-40a-202, as renumbered and amended by Laws of Utah 2022, Chapter 250
79          77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
80          77-40a-302, as last amended by Laws of Utah 2023, Chapter 265
81          77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
82          77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
83          77-40a-305, as last amended by Laws of Utah 2023, Chapters 265, 330
84          77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
85          77-40a-401, as last amended by Laws of Utah 2023, Chapter 265
86          77-40a-402, as last amended by Laws of Utah 2023, Chapter 265
87          77-40a-403, as last amended by Laws of Utah 2023, Chapter 265

88          77-40a-404, as last amended by Laws of Utah 2023, Chapter 265
89          78A-2-302, as last amended by Laws of Utah 2023, Chapter 184
90          78A-7-209.5, as enacted by Laws of Utah 2022, Chapter 276
91          78B-7-1001, as enacted by Laws of Utah 2022, Chapter 270
92          78B-7-1004, as enacted by Laws of Utah 2022, Chapter 270
93          80-6-1001, as last amended by Laws of Utah 2023, Chapter 115
94          80-6-1006.1, as enacted by Laws of Utah 2023, Chapter 115
95     ENACTS:
96          63M-7-221, Utah Code Annotated 1953
97          77-40a-204, Utah Code Annotated 1953
98          77-40a-205, Utah Code Annotated 1953
99          77-40a-206, Utah Code Annotated 1953
100          77-40a-207, Utah Code Annotated 1953
101          77-40a-307, Utah Code Annotated 1953
102     REPEALS:
103          77-40a-203, as renumbered and amended by Laws of Utah 2022, Chapter 250
104     Utah Code Sections Affected By Coordination Clause:
105          77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
106          77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
107          77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
108          77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
109          78A-2-302, as last amended by Laws of Utah 2023, Chapter 184
110     

111     Be it enacted by the Legislature of the state of Utah:
112          Section 1. Section 63I-1-277 is amended to read:
113          63I-1-277. Repeal dates: Title 77.
114          [Subsection 77-40a-304(5), regarding the suspension of issuance fees for certificates of
115     eligibility, is repealed on July 1, 2023.] Reserved.
116          Section 2. Section 63I-1-278 is amended to read:
117          63I-1-278. Repeal dates: Title 78A and Title 78B.
118          [(1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing

119     fees for petitions for expungement, are repealed on July 1, 2023.]
120          [(2)] (1) Section 78B-3-421, regarding medical malpractice arbitration agreements, is
121     repealed July 1, 2029.
122          [(3)] (2) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving
123     a domestic violence offense from the justice court to the district court, is repealed on July 1,
124     2024.
125          [(4)] (3) Section 78B-4-518, regarding the limitation on employer liability for an
126     employee convicted of an offense, is repealed on July 1, 2025.
127          [(5)] (4) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed
128     July 1, 2026.
129          [(6)] (5) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
130     Support Guidelines Advisory Committee, is repealed July 1, 2026.
131          [(7)] (6) Section 78B-22-805, regarding the Interdisciplinary Parental Representation
132     Pilot Program, is repealed December 31, 2024.
133          Section 3. Section 63I-2-263 is amended to read:
134          63I-2-263. Repeal dates: Title 63A to Title 63N.
135          (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
136     Procurement Advisory Council is repealed July 1, 2025.
137          (2) Section 63A-17-303 is repealed July 1, 2023.
138          (3) Section 63A-17-806 is repealed June 30, 2026.
139          (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
140     Commission is repealed July 1, 2023.
141          (5) Section 63H-7a-303 is repealed July 1, 2024.
142          (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
143     communications network, is repealed July 1, 2033.
144          (7) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
145     Commission for property tax deferral reimbursements, is repealed July 1, 2027.
146          (8) Section 63M-7-221, establishing an expungement working group, is repealed on
147     April 30, 2025.
148          [(8)] (9) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same
149     taxable year as the targeted business income tax credit, is repealed December 31, 2024.

150          [(9)] (10) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
151     Enterprise Zone, is repealed December 31, 2024.
152          Section 4. Section 63M-7-221 is enacted to read:
153          63M-7-221. Expungement working group.
154          (1) As used in this section:
155          (a) "Agency" means the same as that term is defined in Section 77-40a-101.
156          (b) "Automatic expungement" means the same as that term is defined in Section
157     77-40a-101.
158          (2) The commission shall establish a working group to:
159          (a) study the challenges of implementing automatic expungement under Title 77,
160     Chapter 40a, Part 2, Automatic Expungement and Deletion;
161          (b) determine the time and resources that an agency would need to implement
162     automatic expungement under Title 77, Chapter 40a, Automatic Expungement and Deletion;
163          (c) determine whether an investment in technology is needed or could be helpful in
164     implementing automatic expungement under Chapter 40a, Automatic Expungement and
165     Deletion; and
166          (d) consider possible statutory changes to improve the implementation of automatic
167     expungement under Chapter 40a, Automatic Expungement and Deletion.
168          (3) The working group described in Subsection (2) shall consist of:
169          (a) at least one representative of:
170          (i) the Bureau of Criminal Identification established in Section 53-10-201;
171          (ii) the Administrative Office of the Courts;
172          (iii) a local law enforcement agency; and
173          (iv) an advocacy group that represents or assists individuals with expungement; and
174          (b) any other individual or organization recommended by the executive director of the
175     commission.
176          (4) On or before November 1, 2024, the commission shall provide a written report to
177     the Judiciary Interim Committee describing:
178          (a) the information gathered by the working group under Subsection (2); and
179          (b) any recommendations for statutory changes with respect to the information
180     gathered by the working group under Subsection (2).

181          Section 5. Section 77-2a-3 is amended to read:
182          77-2a-3. Manner of entry of plea -- Powers of court -- Expungement.
183          (1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
184     done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
185          (b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
186     agreement may be entered into without a personal appearance before a magistrate.
187          (2) A plea in abeyance agreement may provide that the court may, upon finding that the
188     defendant has successfully completed the terms of the agreement:
189          (a) reduce the degree of the offense [and enter judgment of conviction and impose
190     sentence for a lower degree of offense; or], enter a judgment of conviction for the lower degree
191     of the offense, and impose a sentence for the lower degree of the offense;
192          (b) allow withdrawal of the defendant's plea and order the dismissal of the case[.]; or
193          (c) issue an order of expungement for all records of the offense if:
194          (i) the defendant successfully completes a problem solving court program that is
195     certified by the Judicial Council; and
196          (ii) the court allows the withdrawal of the defendant's plea and orders the dismissal of
197     the case.
198          (3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
199     abeyance agreement and only as provided in the plea in abeyance agreement or as agreed to by
200     all parties, the court may [reduce the degree of the offense or dismiss the case only as provided
201     in the plea in abeyance agreement or as agreed to by all parties.]:
202          (i) reduce the degree of the offense, enter a judgment of conviction for the lower degree
203     of the offense, and impose a sentence for the lower degree of the offense;
204          (ii) allow withdrawal of the defendant's plea and order the dismissal of the case; or
205          (iii) issue an order of expungement for all records of the offense if:
206          (A) the defendant successfully completes a problem solving court program that is
207     certified by the Judicial Council; and
208          (B) the court allows the withdrawal of the defendant's plea and orders the dismissal of
209     the case.
210          (b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
211     abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of

212     the offense.
213          (4) The court may require the Department of Corrections to assist in the administration
214     of the plea in abeyance agreement as if the defendant were on probation to the court under
215     Section 77-18-105.
216          (5) The terms of a plea in abeyance agreement may include:
217          (a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
218     surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
219     the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a
220     surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
221     which may not exceed in amount the maximum fine and surcharge which could have been
222     imposed upon conviction and sentencing for the same offense;
223          (b) an order that the defendant pay the costs of any remedial or rehabilitative program
224     required by the terms of the agreement; and
225          (c) an order that the defendant comply with any other conditions that could have been
226     imposed as conditions of probation upon conviction and sentencing for the same offense.
227          (6) (a) The terms of a plea in abeyance shall include:
228          (i) a specific amount of restitution that the defendant will pay, as agreed to by the
229     defendant and the prosecuting attorney;
230          (ii) a certification from the prosecuting attorney that:
231          (A) the prosecuting attorney has consulted with all victims, including the Utah Office
232     for Victims of Crime; and
233          (B) all victims, including the Utah Office for Victims of Crime, are not seeking
234     restitution; or
235          (iii) an agreement between the parties that restitution will be determined by the court at
236     a subsequent hearing in accordance with Section 77-38b-205.
237          (b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
238     defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
239     entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
240     defendant.
241          (c) The court shall collect, receive, process, and distribute payments for restitution to
242     the victim, unless otherwise provided by law or by the plea in abeyance agreement.

243          (d) If the defendant does not successfully complete the terms of the plea in abeyance,
244     the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims
245     Restitution Act, upon entering a sentence for the defendant.
246          (7) (a) A court may not hold a plea in abeyance without the consent of both the
247     prosecuting attorney and the defendant.
248          (b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
249          (8) No plea may be held in abeyance in any case involving:
250          (a) a sexual offense against an individual who is under 14 years old; or
251          (b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5,
252     41-6a-517, 41-6a-520, 41-6a-520.1, 41-6a-521.1, 76-5-102.1, or 76-5-207.
253          (9) (a) If the terms of a plea in abeyance agreement allow a court to issue an order of
254     expungement as described in Subsection (2)(c), the prosecuting attorney shall make a
255     reasonable effort to provide notice to any victim of the offense of the terms of the plea in
256     abeyance agreement.
257          (b) The notice under Subsection (9)(a) shall:
258          (i) state that the victim has a right to object to the expungement; and
259          (ii) provide instructions for registering an objection with the court.
260          (c) If there is a victim of the offense, the victim may file an objection with the court
261     before the court makes a finding as to whether the defendant successfully completed the terms
262     of the plea in abeyance agreement as described in Subsection (3).
263          (d) The defendant may respond, in writing, to any objection filed by the victim within
264     14 days after the day on which the objection is received by the court.
265          (10) If the court issues an order of expungement under Subsection (3)(a)(iii), the court
266     shall:
267          (a) expunge all records of the case as described in Section 77-40a-401; and
268          (b) notify the Bureau of Criminal Identification of the order of expungement.
269          (11) (a) Upon receiving notice from the court of an expungement order as described in
270     Subsection (10), the Bureau of Criminal Identification shall notify any agency, as defined in
271     Section 77-40a-101, affected by the expungement order.
272          (b) For purposes of Subsection (11)(a), the Bureau of Criminal Identification may not
273     notify the Board of Pardons and Parole of an expungement order if the individual has never

274     been:
275          (i) sentenced to prison in this state; or
276          (ii) under the jurisdiction of the Board of Pardons and Parole.
277          (c) The Bureau of Criminal Identification shall forward a copy of the expungement
278     order to the Federal Bureau of Investigation.
279          (12) The defendant may deliver copies of the expungement to any agency, as defined in
280     Section 77-40a-101, affected by the order of expungement.
281          (13) If an agency receives an expungement order under this part, the agency shall
282     expunge all records for the case in accordance with Section 77-40a-401.
283          Section 6. Section 77-40a-101 is amended to read:
284          77-40a-101. Definitions.
285          As used in this chapter:
286          (1) "Agency" means a state, county, or local government entity that generates or
287     maintains records relating to an investigation, arrest, detention, or conviction for an offense for
288     which expungement may be ordered.
289          (2) "Automatic expungement" means the expungement of records of an investigation,
290     arrest, detention, or conviction of an offense without the filing of a petition.
291          [(2)] (3) "Bureau" means the Bureau of Criminal Identification of the Department of
292     Public Safety established in Section 53-10-201.
293          [(3)] (4) "Certificate of eligibility" means a document issued by the bureau stating that
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.
296          (5) "Civil accounts receivable" means the same as that term is defined in Section
297     77-32b-102.
298          (6) "Civil judgment of restitution" means the same as that term is defined in Section
299     77-32b-102.
300          [(4) (a) "Clean slate eligible case" means, except as provided in Subsection (4)(c), a
301     case:]
302          [(i) where each conviction within the case is:]
303          [(A) a misdemeanor conviction for possession of a controlled substance in violation of
304     Subsection 58-37-8(2)(a)(i);]

305          [(B) a class B or class C misdemeanor conviction; or]
306          [(C) an infraction conviction;]
307          [(ii) that involves an individual:]
308          [(A) whose total number of convictions in Utah state courts, not including infractions,
309     traffic offenses, or minor regulatory offenses, does not exceed the limits described in
310     Subsections 77-40a-303(4) and (5) without taking into consideration the exception in
311     Subsection 77-40a-303(7); and]
312          [(B) against whom no criminal proceedings are pending in the state; and]
313          [(iii) for which the following time periods have elapsed from the day on which the case
314     is adjudicated:]
315          [(A) at least five years for a class C misdemeanor or an infraction;]
316          [(B) at least six years for a class B misdemeanor; and]
317          [(C) at least seven years for a class A conviction for possession of a controlled
318     substance in violation of Subsection 58-37-8(2)(a)(i).]
319          [(b) "Clean slate eligible case" includes a case:]
320          [(i) that is dismissed as a result of a successful completion of a plea in abeyance
321     agreement governed by Subsection 77-2a-3(2)(b) if:]
322          [(A) except as provided in Subsection (4)(c), each charge within the case is a
323     misdemeanor for possession of a controlled substance in violation of Subsection
324     58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;]
325          [(B) the individual involved meets the requirements of Subsection (4)(a)(ii); and]
326          [(C) the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed
327     from the day on which the case is dismissed; or]
328          [(ii) where charges are dismissed without prejudice if each conviction, or charge that
329     was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or
330     (b)(i).]
331          [(c) "Clean slate eligible case" does not include a case:]
332          [(i) where the individual is found not guilty by reason of insanity;]
333          [(ii) where the case establishes a criminal accounts receivable, as defined in Section
334     77-32b-102, that:]
335          [(A) has been entered as a civil accounts receivable or a civil judgment of restitution,

336     as those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt
337     Collection under Section 77-18-114; or]
338          [(B) has not been satisfied according to court records; or]
339          [(iii) that resulted in one or more pleas held in abeyance or convictions for the
340     following offenses:]
341          [(A) any of the offenses listed in Subsection 77-40a-303(2)(a);]
342          [(B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
343     the Individual;]
344          [(C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;]
345          [(D) sexual battery in violation of Section 76-9-702.1;]
346          [(E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;]
347          [(F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
348     and Reckless Driving;]
349          [(G) damage to or interruption of a communication device in violation of Section
350     76-6-108;]
351          [(H) a domestic violence offense as defined in Section 77-36-1; or]
352          [(I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
353     other than a class A misdemeanor conviction for possession of a controlled substance in
354     violation of Subsection 58-37-8(2)(a)(i).]
355          (7) "Clean slate eligible case" means a case that is eligible for automatic expungement
356     under Section 77-40a-205.
357          [(5)] (8) "Conviction" means judgment by a criminal court on a verdict or finding of
358     guilty after trial, a plea of guilty, or a plea of nolo contendere.
359          (9) "Court" means a district court or a justice court.
360          (10) "Criminal accounts receivable" means the same as that term is defined in Section
361     77-32b-102.
362          [(6)] (11) "Criminal protective order" means the same as that term is defined in Section
363     78B-7-102.
364          [(7)] (12) "Criminal stalking injunction" means the same as that term is defined in
365     Section 78B-7-102.
366          [(8)] (13) "Department" means the Department of Public Safety established in Section

367     53-1-103.
368          [(9)] (14) "Drug possession offense" means [an offense under]:
369          (a) an offense described in Subsection 58-37-8(2), except for:
370          (i) [any] an offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or
371     more of marijuana;
372          (ii) [any] an offense enhanced under Subsection 58-37-8(2)(e), violation in a
373     correctional facility; or
374          (iii) an offense for driving with a controlled substance illegally in the person's body and
375     negligently causing serious bodily injury or death of another, as codified before May 4, 2022,
376     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
377          (b) an offense described in Subsection 58-37a-5(1), use or possession of drug
378     paraphernalia;
379          (c) an offense described in Section 58-37b-6, possession or use of an imitation
380     controlled substance; or
381          (d) any local ordinance which is substantially similar to any of the offenses described
382     in this Subsection [(9)] (14).
383          [(10)] (15) (a) "Expunge" means to [seal or otherwise restrict access to the individual's
384     record held by an agency when the record includes a criminal investigation, detention, arrest, or
385     conviction.] remove a record from public inspection by:
386          (i) sealing the record; or
387          (ii) restricting or denying access to the record.
388          (b) "Expunge" does not include the destruction of a record.
389          (16) "Indigent" means a financial status that results from a court finding that a
390     petitioner is financially unable to pay the fee to file a petition for expungement under Section
391     78A-2-302.
392          [(11)] (17) "Jurisdiction" means a state, district, province, political subdivision,
393     territory, or possession of the United States or any foreign country.
394          [(12)] (18) (a) "Minor regulatory offense" means, except as provided in Subsection
395     [(12)(c)] (18)(c), a class B or C misdemeanor offense or a local ordinance.
396          (b) "Minor regulatory offense" includes an offense under Section 76-9-701 or
397     76-10-105.

398          (c) "Minor regulatory offense" does not include:
399          (i) any drug possession offense;
400          (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
401     Reckless Driving;
402          (iii) an offense under Sections 73-18-13 through 73-18-13.6;
403          (iv) except as provided in Subsection [(12)(b)] (18)(b), an offense under Title 76, Utah
404     Criminal Code; or
405          (v) any local ordinance that is substantially similar to an offense listed in Subsections
406     [(12)(c)(i)] (18)(c)(i) through (iv).
407          [(13)] (19) "Petitioner" means an individual applying for expungement under this
408     chapter.
409          [(14)] (20) "Plea in abeyance" means the same as that term is defined in Section
410     77-2a-1.
411          (21) "Record" means a book, letter, document, paper, map, plan, photograph, film,
412     card, tape, recording, electronic data, or other documentary material, regardless of physical
413     form or characteristics, that:
414          (a) is contained in the agency's file regarding the arrest, detention, investigation,
415     conviction, sentence, incarceration, probation, or parole of an individual; and
416          (b) is prepared, owned, received, or retained by an agency, including a court.
417          [(15)] (22) (a) "Traffic offense" means, except as provided in Subsection [(15)(b)]
418     (22)(b):
419          (i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
420     under Title 41, Chapter 6a, Traffic Code;
421          (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
422     under Title 53, Chapter 3, Part 2, Driver Licensing Act;
423          (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
424     under Title 73, Chapter 18, State Boating Act; and
425          (iv) all local ordinances that are substantially similar to an offense listed in Subsections
426     [(15)(a)(i)] (22)(a)(i) through (iii).
427          (b) "Traffic offense" does not mean:
428          (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and

429     Reckless Driving;
430          (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
431          (iii) any local ordinance that is substantially similar to an offense listed in Subsection
432     [(15)(b)(i)] (22)(b)(i) or (ii).
433          [(16)] (23) "Traffic offense case" means that each offense in the case is a traffic
434     offense.
435          Section 7. Section 77-40a-104 is amended to read:
436          77-40a-104. Department rulemaking authority.
437          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
438     department may make rules to:
439          (1) implement procedures for processing an automatic expungement;
440          (2) implement procedures for applying for certificates of eligibility;
441          (3) specify procedures for receiving a certificate of eligibility;
442          (4) create forms and determine information necessary to be provided to the bureau; and
443          (5) implement procedures for the confirmation of an expungement under Subsection
444     [77-40a-403(2)] 77-40a-401(4).
445          Section 8. Section 77-40a-201 is amended to read:
446     
Part 2. Automatic Expungement and Deletion

447          77-40a-201. General provisions for automatic expungement and deletion.
448          [(1) (a) Except as provided in Subsection (1)(b) and subject to Section 77-40a-203, this
449     section governs the process for the automatic expungement of all records in:]
450          [(i) except as provided in Subsection (2)(e), a case that resulted in an acquittal on all
451     charges;]
452          [(ii) except as provided in Subsection (3)(e), a case that is dismissed with prejudice; or]
453          [(iii) a case that is a clean slate eligible case.]
454          [(b) This section does not govern automatic expungement of a traffic offense.]
455          [(2) (a) Except as provided in Subsection (2)(e), the process for automatic
456     expungement of records for a case that resulted in an acquittal on all charges is as described in
457     Subsections (2)(b) through (d).]
458          [(b) If a court determines that the requirements for automatic expungement have been
459     met, a district court or justice court shall:]

460          [(i) issue, without a petition, an expungement order; and]
461          [(ii) based on information available, notify the bureau and the prosecuting agency
462     identified in the case of the order of expungement.]
463          [(c) The bureau, upon receiving notice from the court, shall notify the law enforcement
464     agencies identified in the case of the order of expungement.]
465          [(d) For a case resulting in an acquittal on all charges on or before May 1, 2020, that is
466     automatically expunged under this Subsection (2), a law enforcement agency shall expunge
467     records for the case within one year after the day on which the law enforcement agency
468     receives notice from the bureau.]
469          [(e) For purposes of this section, a case that resulted in acquittal on all charges does not
470     include a case that resulted in an acquittal because the individual is found not guilty by reason
471     of insanity.]
472          [(3) (a) The process for an automatic expungement of a case that is dismissed with
473     prejudice is as described in Subsections (3)(b) through (d).]
474          [(b) If a court determines that the requirements for automatic expungement have been
475     met, a district court or justice court shall:]
476          [(i) issue, without a petition, an expungement order; and]
477          [(ii) based on information available, notify the bureau and the prosecuting agency
478     identified in the case of the order of expungement.]
479          [(c) The bureau, upon receiving notice from the court, shall notify the law enforcement
480     agencies identified in the case of the order of expungement.]
481          [(d) For a case dismissed on or before May 1, 2020, that is automatically expunged
482     under this Subsection (3), a law enforcement agency shall expunge records for the case within
483     one year after the day on which the law enforcement agency receives notice from the bureau.]
484          [(e) For purposes of this Subsection (3), a case that is dismissed with prejudice does
485     not include a case that is dismissed with prejudice as a result of successful completion of a plea
486     in abeyance agreement governed by Subsection 77-2a-3(2)(b).]
487          [(4) (a) The process for the automatic expungement of a clean slate eligible case is as
488     described in Subsections (4)(b) through (g) and in accordance with any rules made by the
489     Judicial Council or the Supreme Court.]
490          [(b) A prosecuting agency, that has complied with Rule 42 of the Utah Rules of

491     Criminal Procedure, shall receive notice on a monthly basis for any case prosecuted by that
492     agency that appears to be a clean slate eligible case.]
493          [(c) Within 35 days of the day on which the notice described in Subsection (4)(b) is
494     sent, the prosecuting agency shall provide written notice in accordance with any rules made by
495     the Judicial Council or the Supreme Court if the prosecuting agency objects to an automatic
496     expungement for any of the following reasons:]
497          [(i) after reviewing the agency record, the prosecuting agency believes that the case
498     does not meet the definition of a clean slate eligible case;]
499          [(ii) the individual has not paid court-ordered restitution to the victim; or]
500          [(iii) the prosecuting agency has a reasonable belief, grounded in supporting facts, that
501     an individual with a clean slate eligible case is continuing to engage in criminal activity within
502     or outside of the state.]
503          [(d) (i) If a prosecuting agency provides written notice of an objection for a reason
504     described in Subsection (4)(c) within 35 days of the day on which the notice described in
505     Subsection (4)(b) is sent, the court may not proceed with automatic expungement.]
506          [(ii) If 35 days pass from the day on which the notice described in Subsection (4)(b) is
507     sent without the prosecuting agency providing written notice of an objection for a reason
508     described in Subsection (4)(c), the court may proceed with automatic expungement.]
509          [(e) If a court determines that the requirements for automatic expungement have been
510     met, a district court or justice court shall:]
511          [(i) issue, without a petition, an expungement order; and]
512          [(ii) based on information available, notify the bureau and the prosecuting agency
513     identified in the case of the order of expungement.]
514          [(f) The bureau, upon receiving notice from the court, shall notify the law enforcement
515     agencies identified in the case of the order of expungement.]
516          [(g) For a clean slate case adjudicated or dismissed on or before May 1, 2020, that is
517     automatically expunged under this Subsection (4), a law enforcement agency shall expunge
518     records for the case within one year after the day on which the law enforcement agency
519     receives notice from the bureau.]
520          [(5)] (1) Nothing in this section precludes an individual from filing a petition for
521     expungement of records that are eligible for automatic expungement or deletion under this

522     section if an automatic expungement or deletion has not occurred pursuant to this section.
523          [(6)] (2) An automatic expungement performed under this [section] part does not
524     preclude a person from requesting access to expunged records in accordance with Section
525     77-40a-403 or 77-40a-404.
526          [(7)] (3) (a) The Judicial Council and the Supreme Court shall make rules to govern the
527     process for automatic expungement.
528          (b) The rules under Subsection [(7)(a)] (3)(a) may authorize:
529          (i) a presiding judge of a district court to issue an expungement order for any case
530     when the requirements for automatic expungement are met; and
531          (ii) a presiding judge of a justice court to issue an expungement order for any justice
532     court case within the presiding judge's judicial district when the requirements for automatic
533     expungement are met.
534          (4) An individual does not have a cause of action for damages as a result of the failure
535     to:
536          (a) identify an individual's case as eligible for automatic expungement or deletion
537     under this part; or
538          (b) automatically expunge or delete the records of a case that is eligible under this part.
539          Section 9. Section 77-40a-202 is amended to read:
540          77-40a-202. Automatic deletion for traffic offense by a court.
541          (1) [Subject to Section 77-40a-203,] A court shall delete all records for the following
542     traffic offenses [shall be deleted] without a court order or notice to the prosecuting agency:
543          (a) a traffic offense case that resulted in an acquittal on all charges;
544          (b) a traffic offense case that is dismissed with prejudice, except for a case that is
545     dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
546     governed by Subsection 77-2a-3(2)(b); or
547          (c) a traffic offense case for which the following time periods have elapsed from the
548     day on which the case is adjudicated:
549          (i) at least five years for a class C misdemeanor or an infraction; or
550          (ii) at least six years for a class B misdemeanor.
551          (2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
552     on or after May 1, 2020, the court shall delete all records for the traffic offense upon

553     identification.
554          (3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
555     before May 1, 2020, the court shall delete all records for the traffic offense within one year of
556     the day on which the case is identified as eligible for deletion.
557          [(2) The Judicial Council shall make rules to provide an ongoing process for
558     identifying and deleting records on all traffic offenses described in Subsection (1).]
559          Section 10. Section 77-40a-204 is enacted to read:
560          77-40a-204. Request for automatic expungement of a case -- Automatic
561     expungement before October 1, 2024, and on and after January 1, 2026.
562          (1) (a) On and after October 1, 2024, but before January 1, 2026, an individual must
563     submit the necessary form to the court to receive an expungement of a case that is eligible
564     under this part.
565          (b) If a form is submitted as described in Subsection (1), the court shall determine
566     whether the individual has a case that qualifies for expungement in accordance with Sections
567     77-40a-205 and 77-40a-206.
568          (2) A court shall automatically expunge a case in accordance with this part if the court
569     identified the case as being eligible for automatic expungement before October 1, 2024, and the
570     requirements for automatic expungement were met under this part.
571          (3) On and after January 1, 2026, a court shall automatically expunge a case in
572     accordance with this part if the court identifies the case as being eligible for automatic
573     expungement.
574          (4) A court shall make reasonable efforts, within available funding, to expunge a case
575     under Subsection (3) as quickly as practicable with the goal of:
576          (a) expunging a case that resulted in an acquittal on all charges on or after May 1,
577     2020, 60 days after acquittal;
578          (b) expunging a case that resulted in a dismissal with prejudice, other than a case that is
579     dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
580     governed by Subsection 77-2a-3(2)(b), on or after May 1, 2020, 180 days after:
581          (i) for a case in which no appeal was filed, the day on which the entire case against the
582     individual is dismissed with prejudice; or
583          (ii) for a case in which an appeal was filed, the day on which a court issues a final

584     nonappealable order;
585          (c) expunging a clean slate eligible case that is adjudicated or dismissed on or after
586     May 1, 2020, and is not a traffic offense within 30 days of the court determining that the
587     requirements for expungement have been satisfied under Section 77-40a-205; and
588          (d) expunging a case adjudicated or dismissed before May 1, 2020, within one year of
589     the day on which the case is identified as eligible for automatic expungement.
590          Section 11. Section 77-40a-205 is enacted to read:
591          77-40a-205. Automatic expungement of state records for a clean slate case.
592          (1) A court shall issue an order of expungement, without the filing of a petition, for all
593     records of the case that are held by the court and the bureau if:
594          (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a
595     form requesting expungement of a case as described in Section 77-40a-204;
596          (b) the case is eligible for expungement under this section; and
597          (c) the prosecuting agency does not object to the expungement of the case as described
598     in Subsection (6).
599          (2) Except as otherwise provided in Subsection (3), a case is eligible for expungement
600     under this section if:
601          (a) (i) each conviction within the case is a conviction for:
602          (A) a misdemeanor offense for possession of a controlled substance in violation of
603     Subsection 58-37-8(2)(a)(i);
604          (B) a class B misdemeanor offense;
605          (C) a class C misdemeanor offense; or
606          (D) an infraction; and
607          (ii) the following time periods have passed after the day on which the individual is
608     adjudicated:
609          (A) at least five years for the conviction of a class C misdemeanor offense or an
610     infraction;
611          (B) at least six years for the conviction of a class B misdemeanor offense; or
612          (C) at least seven years for the conviction of a class A misdemeanor offense for
613     possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); or
614          (b) (i) the case is dismissed as a result of a successful completion of a plea in abeyance

615     agreement governed by Subsection 77-2a-3(2)(b) or the case is dismissed without prejudice;
616          (ii) each charge within the case is:
617          (A) a misdemeanor offense for possession of a controlled substance in violation of
618     Subsection 58-37-8(2)(a)(i);
619          (B) a class B misdemeanor offense;
620          (C) a class C misdemeanor offense; or
621          (D) an infraction; and
622          (iii) the following time periods have passed after the day on which the case is
623     dismissed:
624          (A) at least five years for a charge in the case for a class C misdemeanor offense or an
625     infraction;
626          (B) at least six years for a charge in the case for a class B misdemeanor offense; or
627          (C) at least seven years for a charge in the case for a class A misdemeanor offense for
628     possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
629          (3) A case is not eligible for expungement under this section if:
630          (a) the individual has a total number of convictions in courts of this state that exceed
631     the limits under Subsection 77-40a-303(4) or (5) without taking into consideration:
632          (i) the exception in Subsection 77-40a-303(7); or
633          (ii) any infraction, traffic offense, or minor regulatory offense;
634          (b) there is a criminal proceeding for a misdemeanor or felony offense pending in a
635     court of this state against the individual, unless the proceeding is for a traffic offense;
636          (c) for an individual seeking an automatic expungement on and after January 1, 2025,
637     the individual is incarcerated in the state prison or on probation or parole that is supervised by
638     the Department of Corrections;
639          (d) the case resulted in the individual being found not guilty by reason of insanity;
640          (e) the case establishes a criminal accounts receivable that:
641          (i) has been entered as a civil accounts receivable or a civil judgment of restitution and
642     transferred to the Office of State Debt Collection under Section 77-18-114; or
643          (ii) has not been satisfied according to court records; or
644          (f) the case resulted in a plea held in abeyance or a conviction for the following
645     offenses:

646          (i) any of the offenses listed in Subsection 77-40a-303(2)(a);
647          (ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
648     the Individual;
649          (iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
650          (iv) sexual battery in violation of Section 76-9-702.1;
651          (v) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
652          (vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
653     and Reckless Driving;
654          (vii) damage to or interruption of a communication device in violation of Section
655     76-6-108;
656          (viii) a domestic violence offense as defined in Section 77-36-1; or
657          (ix) any other offense classified in the Utah Code as a felony or a class A misdemeanor
658     other than a class A misdemeanor conviction for possession of a controlled substance in
659     violation of Subsection 58-37-8(2)(a)(i).
660          (4) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
661     Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that
662     appears to be eligible for automatic expungement under this section.
663          (5) Within 35 days after the day on which the notice described in Subsection (4) is
664     sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the
665     Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic
666     expungement for any of the following reasons:
667          (a) the prosecuting agency believes that the case is not eligible for expungement under
668     this section after reviewing the agency record;
669          (b) the individual has not paid restitution to the victim as ordered by the court; or
670          (c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
671     individual involved in the case is continuing to engage in criminal activity within or outside of
672     the state.
673          (6) If a prosecuting agency provides written notice of an objection for a reason
674     described in Subsection (5) within 35 days after the day on which the notice under Subsection
675     (4) is sent, the court may not proceed with automatic expungement of the case.
676          (7) If 35 days pass after the day on which the notice described in Subsection (4) is sent

677     without the prosecuting agency providing written notice of an objection under Subsection (5),
678     the court shall proceed with automatic expungement of the case.
679          (8) If a court issues an order of expungement under Subsection (1), the court shall:
680          (a) expunge all records of the case held by the court in accordance with Section
681     77-40a-401; and
682          (b) notify the bureau and the prosecuting agency identified in the case, based on
683     information available to the court, of the order of expungement.
684          Section 12. Section 77-40a-206 is enacted to read:
685          77-40a-206. Automatic expungement of state records for a case resulting in an
686     acquittal or dismissal with prejudice.
687          (1) A court shall issue an order of expungement, without the filing of a petition, for all
688     records of the case that are held by the court and the bureau if:
689          (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a
690     form requesting expungement of a case as described in Section 77-40a-204; and
691          (b) the case is eligible for expungement under this section.
692          (2) Except as provided in Subsection (3), a case is eligible for expungement under this
693     section if:
694          (a) (i) the case resulted in an acquittal on all charges; and
695          (ii) at least 60 days have passed after the day on which the case resulted in an acquittal;
696     or
697          (b) (i) the case is dismissed with prejudice; and
698          (ii) at least 180 days have passed after the day on which:
699          (A) for a case in which no appeal was filed, the entire case against the individual is
700     dismissed with prejudice; or
701          (B) for a case in which an appeal was filed, a court issues a final nonappealable order.
702          (3) A case is not eligible for expungement under Subsection (2) if:
703          (a) the case resulted in an acquittal because the individual is found not guilty by reason
704     of insanity; or
705          (b) the case is dismissed with prejudice as a result of successful completion of a plea in
706     abeyance agreement governed by Subsection 77-2a-3(2)(b).
707          (4) If a court issues an order of expungement under Subsection (1), the court shall:

708          (a) expunge all records of the case held by the court as described in Section
709     77-40a-401; and
710          (b) notify the bureau and the prosecuting agency identified in the case, based on
711     information available to the court, of the order of expungement.
712          Section 13. Section 77-40a-207 is enacted to read:
713          77-40a-207. Automatic expungement by the bureau.
714          (1) Upon receiving notice from a court of an expungement order under this part, the
715     bureau shall expunge all records of the case in accordance with Section 77-40a-401.
716          (2) The bureau shall forward a copy of the expungement order to the Federal Bureau of
717     Investigation.
718          (3) Except for the court and the bureau, an agency is not required to expunge all
719     records of a case that is automatically expunged under this part.
720     The following section is affected by a coordination clause at the end of this bill.
721          Section 14. Section 77-40a-301 is amended to read:
722          77-40a-301. Application for certificate of eligibility for expungement -- Penalty
723     for false or misleading information on application.
724          (1) If an individual seeks to expunge the individual's criminal record in regard to an
725     arrest, investigation, detention, or conviction, the individual shall:
726          (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a
727     certificate of eligibility for expungement of the criminal record and pay the application fee as
728     described in Section 77-40a-304;
729          [(b) if the individual is qualified to receive a certificate of eligibility, pay the issuance
730     fee for the certificate of eligibility as described in Section 77-40a-304; and]
731          (b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for
732     the certificate of eligibility as described in Section 77-40a-304; and
733          (c) file a petition for expungement in accordance with Section 77-40a-305.
734          (2) (a) An individual who intentionally or knowingly provides any false or misleading
735     information to the bureau when applying for a certificate of eligibility is guilty of a class B
736     misdemeanor and subject to prosecution under Section 76-8-504.6.
737          (b) Regardless of whether the individual is prosecuted, the bureau may deny a
738     certificate of eligibility to anyone who knowingly provides false information on an application.

739          Section 15. Section 77-40a-302 is amended to read:
740          77-40a-302. Requirements for certificate of eligibility to expunge records of
741     arrest, investigation, and detention.
742          (1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an
743     offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to
744     expunge records of the arrest, investigation, and detention in the case for the offense if:
745          (a) the following time periods have passed:
746          (i) at least 30 days have passed after the day on which the [individual] petitioner is
747     arrested or charged for the offense;
748          (ii) at least three years have passed after the day on which the petitioner was convicted
749     of the traffic offense if there is a conviction in the case for a traffic offense that is a class C
750     misdemeanor or an infraction; and
751          (iii) at least four years have passed after the day on which the petitioner was convicted
752     of the traffic offense if there is a conviction in the case for a traffic offense that is a class B
753     misdemeanor; and
754          (b) one of the following occurs:
755          (i) an investigating law enforcement agency and the prosecuting attorney have screened
756     the case and determined that no charges will be filed against the petitioner;
757          (ii) all charges in the case are dismissed with prejudice;
758          (iii) if a charge in the case is dismissed without prejudice or without condition:
759          (A) the prosecuting attorney consents in writing to the issuance of a certificate of
760     eligibility; or
761          (B) at least 180 days have passed after the day on which the charge is dismissed;
762          (iv) the petitioner is acquitted at trial on all of the charges in the case; or
763          (v) the statute of limitations expires on all of the charges in the case[; and] .
764          [(c) (i) there is a conviction in the case for a traffic offense that is a class C
765     misdemeanor or an infraction, at least three years have passed after the day on which the
766     petitioner was convicted of the traffic offense; or]
767          [(ii) there is a conviction in the case for a traffic offense that is a class B misdemeanor,
768     at least four years have passed after the day on which the petitioner was convicted of the traffic
769     offense.]

770          (2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
771          (a) there is a criminal proceeding for a misdemeanor or felony offense pending against
772     the petitioner, unless the criminal proceeding is for a traffic offense;
773          (b) there is a plea in abeyance for a misdemeanor or felony offense pending against the
774     petitioner, unless the plea in abeyance is for a traffic offense;
775          (c) the petitioner is currently incarcerated, on parole, or on probation, unless the
776     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
777     offense; or
778          (d) there is a criminal protective order or a criminal stalking injunction in effect for the
779     case.
780          Section 16. Section 77-40a-303 is amended to read:
781          77-40a-303. Requirements for a certificate of eligibility to expunge records of a
782     conviction.
783          (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
784     certificate of eligibility from the bureau to expunge the records of a conviction if:
785          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
786     conviction for which expungement is sought;
787          (b) the petitioner has paid in full all restitution ordered by the court under Section
788     77-38b-205; and
789          (c) the following time periods have passed after the day on which the petitioner was
790     convicted or released from incarceration, parole, or probation, whichever occurred last, for the
791     conviction that the petitioner seeks to expunge:
792          (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
793          (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
794     amount of a controlled substance in an individual's body and causing serious bodily injury or
795     death, as codified before May 4, 2022, Laws of Utah 2021,
796     Chapter 236, Section 1, Subsection 58-37-8(2)(g);
797          (iii) seven years for the conviction of a felony;
798          (iv) five years for the conviction of a drug possession offense that is a felony;
799          (v) five years for the conviction of a class A misdemeanor;
800          (vi) four years for the conviction of a class B misdemeanor; or

801          (vii) three years for the conviction of a class C misdemeanor or infraction.
802          (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
803     expunge the records of a conviction under Subsection (1) if:
804          (a) except as provided in Subsection (3), the conviction for which expungement is
805     sought is:
806          (i) a capital felony;
807          (ii) a first degree felony;
808          (iii) a felony conviction of a violent felony as defined in Subsection
809     76-3-203.5(1)(c)(i);
810          (iv) a felony conviction described in Subsection 41-6a-501(2);
811          (v) an offense, or a combination of offenses, that would require the individual to
812     register as a sex offender, as defined in Section 77-41-102; or
813          (vi) a registerable child abuse offense as defined in Subsection 77-43-102(2);
814          (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
815     the petitioner, unless the criminal proceeding is for a traffic offense;
816          (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
817     petitioner, unless the plea in abeyance is for a traffic offense;
818          (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
819     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
820     offense;
821          (e) the petitioner intentionally or knowingly provides false or misleading information
822     on the application for a certificate of eligibility;
823          (f) there is a criminal protective order or a criminal stalking injunction in effect for the
824     case; or
825          (g) the bureau determines that the petitioner's criminal history makes the petitioner
826     ineligible for a certificate of eligibility under Subsection (4) or (5).
827          (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
828     defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
829     offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
830     a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
831     Court.

832          (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
833     certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
834     bureau determines that the petitioner's criminal history, including previously expunged
835     convictions, contains any of the following:
836          (a) two or more felony convictions other than for drug possession offenses, each of
837     which is contained in a separate criminal episode;
838          (b) any combination of three or more convictions other than for drug possession
839     offenses that include two class A misdemeanor convictions, each of which is contained in a
840     separate criminal episode;
841          (c) any combination of four or more convictions other than for drug possession
842     offenses that include three class B misdemeanor convictions, each of which is contained in a
843     separate criminal episode; or
844          (d) five or more convictions other than for drug possession offenses of any degree
845     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
846          (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
847     of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
848     determines that the petitioner's criminal history, including previously expunged convictions,
849     contains any of the following:
850          (a) three or more felony convictions for drug possession offenses, each of which is
851     contained in a separate criminal episode; or
852          (b) any combination of five or more convictions for drug possession offenses, each of
853     which is contained in a separate criminal episode.
854          (6) If the petitioner's criminal history contains convictions for both a drug possession
855     offense and a non-drug possession offense arising from the same criminal episode, the bureau
856     shall count that criminal episode as a conviction under Subsection (4) if any non-drug
857     possession offense in that episode:
858          (a) is a felony or class A misdemeanor; or
859          (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
860     possession offense in that episode.
861          (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
862     on which the petitioner was convicted or released from incarceration, parole, or probation,

863     whichever occurred last, for all convictions:
864          (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased
865     by one; and
866          (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
867     the highest level of convicted offense in the criminal episode is:
868          (i) a class B misdemeanor;
869          (ii) a class C misdemeanor;
870          (iii) a drug possession offense if none of the non-drug possession offenses in the
871     criminal episode are a felony or a class A misdemeanor; or
872          (iv) an infraction.
873          (8) When determining whether a petitioner is eligible for a certificate of eligibility
874     under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
875     prior conviction for:
876          (a) an infraction;
877          (b) a traffic offense;
878          (c) a minor regulatory offense; or
879          (d) a clean slate eligible case that was automatically expunged [in accordance with
880     Section 77-40a-201].
881          (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
882     Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
883     in accordance with Section 77-27-5.1.
884     The following section is affected by a coordination clause at the end of this bill.
885          Section 17. Section 77-40a-304 is amended to read:
886          77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
887          (1) (a) When a petitioner applies for a certificate of eligibility as described in
888     Subsection 77-40a-301(1)[,]:
889          (i) the petitioner shall pay an application fee at the time the petitioner submits an
890     application for a certificate of eligibility to the bureau; and
891          (ii) the bureau shall perform a check of records of governmental agencies, including
892     national criminal data bases, to determine whether the petitioner is eligible to receive a
893     certificate of eligibility under this chapter.

894          (b) For purposes of determining eligibility under this chapter, the bureau may review
895     records of arrest, investigation, detention, and conviction that have been previously expunged,
896     regardless of the jurisdiction in which the expungement occurred.
897          [(c) Once the eligibility process is complete, the bureau shall notify the petitioner.]
898          [(d) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303:]
899          [(i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
900     from the day on which the certificate is issued;]
901          [(ii) the bureau shall provide a petitioner with an identification number for the
902     certificate of eligibility; and]
903          [(iii) the petitioner shall pay the issuance fee established by the department as
904     described in Subsection (2).]
905          [(e)] (c) If[, after reasonable research,] a disposition for an arrest on the criminal
906     history file is unobtainable after reasonable research, the bureau may issue a special certificate
907     giving determination of eligibility to the court, except that the bureau may not issue the special
908     certificate if:
909          (i) there is a criminal proceeding for a misdemeanor or felony offense pending against
910     the petitioner, unless the criminal proceeding is for a traffic offense;
911          (ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
912     petitioner, unless the plea in abeyance is for a traffic offense; or
913          (iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
914     petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
915     offense.
916          (2) (a) Once the eligibility process is complete, the bureau shall notify the petitioner.
917          (b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303
918     and the bureau determines that the issuance of a certificate of eligibility or special certificate is
919     appropriate:
920          (i) the bureau shall issue a certificate of eligibility or special certificate that is valid for
921     a period of 180 days from the day on which the certificate is issued;
922          (ii) the bureau shall provide a petitioner with an identification number for the
923     certificate of eligibility or special certificate; and
924          (iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for

925     the issuance of a certificate of eligibility or special certificate.
926          [(2) (a) The bureau shall charge application and issuance fees for a certificate of
927     eligibility or special certificate in accordance with the process in Section 63J-1-504.]
928          [(b) The application fee shall be paid at the time the petitioner submits an application
929     for a certificate of eligibility to the bureau.]
930          [(c) If the bureau determines that the issuance of a certificate of eligibility or special
931     certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
932     certificate of eligibility or special certificate unless Subsection (2)(d) applies.]
933          [(d) An issuance fee may not be assessed against a petitioner who]
934          (3) The bureau shall issue a certificate of eligibility or special certificate without
935     requiring the payment of the issuance fee if the petitioner:
936          (a) qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges
937     were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
938     Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
939     Diversion[.]; or
940          (b) indicates on the application for a certificate of eligibility that the petitioner
941     reasonably believes, as of the date of the application, that the fee to file a petition for
942     expungement is likely to be waived by a court because the petitioner is indigent.
943          [(e) Funds generated under this Subsection (2) shall be deposited in the General Fund
944     as a dedicated credit by the department to cover the costs incurred in determining eligibility.]
945          [(3)] (4) The bureau shall include on [the] a certificate of eligibility all information that
946     is needed for the court to issue a valid expungement order.
947          [(4)] (5) The bureau shall provide clear written instructions to the petitioner that
948     explain:
949          (a) the process for a petition for expungement; and
950          (b) what is required of the petitioner to complete the process for a petition for
951     expungement.
952          (6) If a petitioner indicates on the application for a certificate of eligibility that a court
953     is likely to waive the fee for a petition for expungement as described in Subsection (3)(b), the
954     bureau shall:
955          (a) inform the petitioner that the petitioner will be required to pay an issuance fee

956     before an agency will expunge the offense if a court does not waive the fee for a petition for
957     expungement; and
958          (b) provide the petitioner with the form for waiving a court fee for a petition for
959     expungement.
960          (7) If the bureau issues a certificate of eligibility or a special certificate without
961     requiring payment of the issuance fee as described in Subsection (3)(b), the bureau shall charge
962     the petitioner the issuance fee upon the bureau's receipt of an order deciding a petition for
963     expungement unless the court communicates to the bureau that the fee to file the petition for
964     expungement was waived because the petitioner is indigent.
965          (8) (a) If the petitioner qualifies for a waiver of the issuance fee under Subsection (7)
966     and the expungement order grants the petition for expungement, the bureau shall process the
967     expungement order in accordance with Section 77-40a-401 as if the petitioner paid the issuance
968     fee.
969          (b) If the petitioner does not qualify for a waiver of the issuance fee under Subsection
970     (7) and the expungement order grants the petition for expungement, the bureau may not process
971     the expungement order as described in Section 77-40a-401, or notify other agencies affected by
972     the expungement order as described in Section 77-40a-307, until the petitioner pays the
973     issuance fee.
974          (c) If the bureau issues a certificate of eligibility or special certificate without requiring
975     payment of the issuance fee under Subsection (3)(b), the bureau may not charge the petitioner
976     an issuance fee on the grounds that the validity of the certificate described in (2)(b)(i) has
977     expired.
978          (9) The bureau shall charge application and issuance fees for a certificate of eligibility
979     or special certificate in accordance with the process in Section 63J-1-504.
980          (10) The department shall deposit funds generated by application and issuance fees
981     under this section into the General Fund as a dedicated credit by the department to cover the
982     costs incurred in determining eligibility for expungement.
983          Section 18. Section 77-40a-305 is amended to read:
984          77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing.
985          (1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
986     Rules of Criminal Procedure, that includes the identification number for the certificate of

987     eligibility described in Subsection [77-40a-304(1)(d)(ii)] 77-40a-304(2)(b)(ii).
988          (b) Information on a certificate of eligibility is incorporated into a petition by reference
989     to the identification number for the certificate of eligibility.
990          (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
991     obtain a certificate of eligibility from the bureau.
992          (b) A court may not accept a petition for expungement if the certificate of eligibility is
993     no longer valid as described in Subsection [77-40a-304(1)(d)(i)] 77-40a-304(2)(b)(i).
994          (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
995     of a traffic offense case without obtaining a certificate of eligibility if:
996          (a) (i) for a traffic offense case with a class C misdemeanor or infraction, at least three
997     years have passed after the day on which the petitioner was convicted; or
998          (ii) for a traffic offense case with a class B misdemeanor, at least four years have
999     passed after the day on which the petitioner was convicted;
1000          (b) there is no traffic offense case pending against the petitioner;
1001          (c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
1002     and
1003          (d) the petitioner is not currently on probation for a traffic offense case.
1004          (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
1005     a record for a conviction related to cannabis possession without a certificate of eligibility if the
1006     petition demonstrates that:
1007          (a) the petitioner had, at the time of the relevant arrest or citation leading to the
1008     conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1009          (b) the possession of cannabis in question was in a form and an amount to medicinally
1010     treat the qualifying condition described in Subsection (4)(a).
1011          (5) (a) The court shall provide notice of a filing of a petition and certificate of
1012     eligibility to the prosecutorial office that handled the court proceedings within three days after
1013     the day on which the petitioner's filing fee is paid or waived.
1014          (b) If there were no court proceedings, the court shall provide notice of a filing of a
1015     petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
1016     arrest occurred.
1017          (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,

1018     or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
1019     the arrest occurred shall immediately notify the city attorney's office that the county attorney's
1020     office has received a notice of a filing of a petition for expungement.
1021          (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
1022     or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
1023     make a reasonable effort to provide notice to any victim of the conviction or charge.
1024          (b) The notice under Subsection (6)(a) shall:
1025          (i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
1026     to the petition;
1027          (ii) state that the victim has a right to object to the expungement; and
1028          (iii) provide instructions for registering an objection with the court.
1029          (7) (a) The prosecuting attorney may respond to the petition by filing a
1030     recommendation or objection with the court within 35 days after the day on which the notice of
1031     the filing of the petition is sent by the court to the prosecuting attorney.
1032          (b) If there is a victim of the offense for which expungement is sought, the victim may
1033     respond to the petition by filing a recommendation or objection with the court within 60 days
1034     after the day on which the petition for expungement was filed with the court.
1035          (8) (a) The court may request a written response to the petition from the Division of
1036     Adult Probation and Parole within the Department of Corrections.
1037          (b) If requested, the response prepared by the Division of Adult Probation and Parole
1038     shall include:
1039          (i) the reasons probation was terminated; and
1040          (ii) certification that the petitioner has completed all requirements of sentencing and
1041     probation or parole.
1042          (c) The Division of Adult Probation and Parole shall provide a copy of the response to
1043     the petitioner and the prosecuting attorney.
1044          (9) The petitioner may respond in writing to any objections filed by the prosecuting
1045     attorney or the victim and the response prepared by the Division of Adult Probation and Parole
1046     within 14 days after the day on which the objection or response is received.
1047          (10) (a) If the court receives an objection concerning the petition from any party, the
1048     court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the

1049     date set for the hearing.
1050          (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
1051          (c) The petitioner, the prosecuting attorney, the victim, and any other person who has
1052     relevant information about the petitioner may testify at the hearing.
1053          (d) The court shall review the petition, the certificate of eligibility, and any written
1054     responses submitted regarding the petition.
1055          (11) If no objection is received within 60 days from the day on which the petition for
1056     expungement is filed with the court, the expungement may be granted without a hearing.
1057          (12) (a) If the petitioner seeks a waiver of the fee required for a petition for
1058     expungement in accordance with Section 78A-2-302, the court shall consider the total number
1059     of cases for which the petitioner has received a certificate of eligibility and is seeking
1060     expungement in determining whether the petitioner is indigent under Subsection
1061     78A-2-302(3)(e) even if the court does not have jurisdiction over a case for which the
1062     petitioner is seeking expungement.
1063          (b) If a court grants a waiver of the fee required for a petition for expungement in
1064     accordance with Section 78A-2-302, and only upon a request from the petitioner, a subsequent
1065     court shall grant a waiver of a fee for a petition for expungement if the prior court waived the
1066     fee for a petition for expungement within 180 days before the day on which the petitioner filed
1067     the petition for expungement with the subsequent court.
1068     The following section is affected by a coordination clause at the end of this bill.
1069          Section 19. Section 77-40a-306 is amended to read:
1070          77-40a-306. Order of expungement.
1071          (1) If a petition is filed in accordance with Section 77-40a-305, the court shall issue an
1072     order of expungement if the court finds, by clear and convincing evidence, that:
1073          (a) except as provided in Subsection 77-40a-305(3) or (4), the petition and certificate
1074     of eligibility are sufficient;
1075          (b) the statutory requirements have been met;
1076          (c) if the petitioner seeks expungement after a case is dismissed without prejudice or
1077     without condition, the prosecuting attorney provided written consent and has not filed and does
1078     not intend to refile related charges;
1079          (d) if the petitioner seeks expungement without a certificate of eligibility for

1080     expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis
1081     possession:
1082          (i) the petitioner had, at the time of the relevant arrest or citation leading to the
1083     conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1084          (ii) the possession of cannabis in question was in a form and an amount to medicinally
1085     treat the qualifying condition described in Subsection (1)(d)(i);
1086          (e) if an objection is received, the petition for expungement is for a charge dismissed in
1087     accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
1088     for enhancement, there is good cause for the court to grant the expungement; and
1089          (f) the interests of the public would not be harmed by granting the expungement.
1090          (2) (a) If the court denies a petition described in Subsection (1)(c) because the
1091     prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
1092     eligibility if charges are not refiled within 180 days after the day on which the court denies the
1093     petition.
1094          (b) A prosecuting attorney who opposes an expungement of a case dismissed without
1095     prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
1096          (c) A court shall consider the number of times that good faith basis of intention to
1097     refile by the prosecuting attorney is presented to the court in making the court's determination
1098     to grant the petition for expungement described in Subsection (1)(c).
1099          (3) If the court grants a petition described in Subsection (1)(e), the court shall make the
1100     court's findings in a written order.
1101          (4) A court may not expunge a conviction of an offense for which a certificate of
1102     eligibility may not be, or should not have been, issued under Section 77-40a-302 or
1103     77-40a-303.
1104          (5) If a court issues an order of expungement under this section, the court shall:
1105          (a) expunge all records of the case as described in Section 77-40a-401; and
1106          (b) notify the bureau of the order of expungement.
1107          Section 20. Section 77-40a-307 is enacted to read:
1108          77-40a-307. Distribution of expungement order based on a petition to all agencies.
1109          (1) (a) Upon receiving notice from the court of an expungement order as described in
1110     Subsection 77-40a-306(5), the bureau shall notify all agencies affected by the expungement

1111     order.
1112          (b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
1113     and Parole of an expungement order if the individual has never been:
1114          (i) sentenced to prison in this state; or
1115          (ii) under the jurisdiction of the Board of Pardons and Parole.
1116          (c) The bureau shall forward a copy of the expungement order to the Federal Bureau of
1117     Investigation.
1118          (2) A petitioner may deliver copies of the expungement to all agencies affected by the
1119     order of expungement.
1120          (3) If an agency receives an expungement order under this part, the agency shall
1121     expunge all records for the case in accordance with Section 77-40a-401.
1122          Section 21. Section 77-40a-401 is amended to read:
1123     
Part 4. Expungement of Criminal Records

1124          77-40a-401. Processing of expungement order -- Written confirmation of
1125     expungement -- Effect of an expungement.
1126          [(1) (a) The bureau, upon receiving notice from the court, shall notify all criminal
1127     justice agencies affected by the expungement order.]
1128          [(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
1129     and Parole of an expungement order if the individual has never been:]
1130          [(i) sentenced to prison in this state; or]
1131          [(ii) under the jurisdiction of the Board of Pardons and Parole.]
1132          [(c) A petitioner may deliver copies of the expungement to all criminal justice agencies
1133     affected by the order of expungement.]
1134          [(d) An individual, who receives an expungement order under Section 77-27-5.1, shall
1135     pay a processing fee to the bureau, established in accordance with the process in Section
1136     63J-1-504, before the bureau's record may be expunged.]
1137          [(2) Unless otherwise provided by law or ordered by a court to respond differently, an
1138     individual or agency who has received an expungement of an arrest or conviction under this
1139     chapter or Section 77-27-5.1 may respond to any inquiry as though the arrest or conviction did
1140     not occur.]
1141          [(3) The bureau shall forward a copy of the expungement order to the Federal Bureau

1142     of Investigation.]
1143          [(4) An agency receiving an expungement order shall expunge the individual's
1144     identifying information contained in records in the agency's possession relating to the incident
1145     for which expungement is ordered.]
1146          [(5) Unless ordered by a court to do so, or in accordance with Section 77-40a-403, a
1147     government agency or official may not divulge information or records that have been
1148     expunged.]
1149          (1) In processing an expungement order, a court and the bureau shall give priority to:
1150          (a) first, an expungement order granting a petition for expungement under Part 3,
1151     Petition for Expungement;
1152          (b) second, an expungement order upon a pardon by the Board of Pardons and Parole
1153     as described in Section 77-27-5.1;
1154          (c) third, an expungement order upon a plea in abeyance as described in Section
1155     77-2a-3;
1156          (d) fourth, an expungement order where an individual submitted a form requesting
1157     automatic expungement under Part 2, Automatic Expungement and Deletion; and
1158          (e) fifth, an expungement order where the court identified the case as being eligible for
1159     automatic expungement under Part 2, Automatic Expungement and Deletion.
1160          (2) An individual, who receives an expungement order under Section 77-27-5.1, shall
1161     pay a processing fee to the bureau, established in accordance with the process in Section
1162     63J-1-504, before the bureau's record may be expunged.
1163          (3) An agency shall:
1164          (a) develop and implement a process to identify an expunged record; and
1165          (b) keep, index, and maintain all expunged records of arrests and convictions.
1166          (4) (a) If an individual who receives an expungement requests confirmation from an
1167     agency, the agency shall provide the individual with written confirmation that:
1168          (i) the agency has identified all records subject to expungement; and
1169          (ii) except as otherwise provided by Sections 77-40a-402 and 77-40a-403, the agency
1170     will restrict or deny access to all of the expunged records.
1171          (b) The bureau may charge a fee for providing a written confirmation under Subsection
1172     (4)(a) in accordance with the process in Section 63J-1-504.

1173          (5) Upon entry of an expungement order, an individual, who received the
1174     expungement, may respond to any inquiry as though the arrest, investigation, detention,
1175     prosecution, or conviction did not occur unless otherwise provided by law or ordered by a court
1176     to respond differently.
1177          (6) (a) An expungement order may not restrict an agency's use or dissemination of
1178     records in the agency's ordinary course of business until the agency has received a copy of the
1179     order.
1180          (b) Any action taken by an agency after issuance of the order but prior to the agency's
1181     receipt of a copy of the order may not be invalidated by the order.
1182          (7) An expungement order may not:
1183          (a) terminate or invalidate any pending administrative proceedings or actions of which
1184     the individual had notice according to the records of the administrative body prior to issuance
1185     of the expungement order;
1186          (b) affect the enforcement of any order or findings issued by an administrative body
1187     pursuant to the administrative body's lawful authority prior to issuance of the expungement
1188     order;
1189          (c) remove any evidence relating to the individual including records of arrest, which
1190     the administrative body has used or may use in these proceedings; or
1191          (d) prevent an agency from maintaining, sharing, or distributing any record required by
1192     law.
1193          Section 22. Section 77-40a-402 is amended to read:
1194          77-40a-402. Distribution for order for vacatur.
1195          (1) An individual who receives an order for vacatur under Subsection 78B-9-108(2)
1196     shall be responsible for delivering a copy of the order for vacatur to all affected [criminal
1197     justice agencies and officials] agencies.
1198          (2) To complete delivery of the order for vacatur to the bureau, the individual shall
1199     complete and attach to the order for vacatur an application for a certificate of eligibility for
1200     expungement, including identifying information and fingerprints, in accordance with Section
1201     77-40a-301.
1202          (3) Except as otherwise provided in this section, the bureau shall treat the order for
1203     vacatur and attached certificate of eligibility for expungement the same as a valid order for

1204     expungement under Section 77-40a-401.
1205          (4) Unless otherwise provided by law or ordered by a court to respond differently, an
1206     individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may
1207     respond to any inquiry as though the conviction did not occur.
1208          (5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
1209     Investigation.
1210          (6) An agency receiving an order for vacatur shall expunge the individual's identifying
1211     information contained in records in the agency's possession relating to the incident for which
1212     vacatur is ordered.
1213          (7) [A government] An agency or official may not divulge information contained in a
1214     record of arrest, investigation, detention, or conviction after receiving an order for vacatur to
1215     any person or agency, except for:
1216          (a) the individual for whom vacatur was ordered; or
1217          (b) Peace Officer Standards and Training, in accordance with Section 53-6-203 and
1218     Subsection [77-40a-403(4)(b)] 77-40a-403(2)(b).
1219          (8) The bureau may not count vacated convictions against any future expungement
1220     eligibility.
1221     The following section is affected by a coordination clause at the end of this bill.
1222          Section 23. Section 77-40a-403 is amended to read:
1223          77-40a-403. Release and use of expunged records.
1224          [(1) (a) The bureau, after receiving an expungement order, shall keep, index, and
1225     maintain all expunged records of arrests and convictions.]
1226          [(b) Any agency, other than the bureau, receiving an expungement order shall develop
1227     and implement a process to identify and maintain an expunged record.]
1228          [(2) (a) An agency shall provide an individual who receives an expungement with
1229     written confirmation that the agency has expunged all records of the offense for which the
1230     individual received the expungement if the individual requests confirmation from the agency.]
1231          [(b) The bureau may charge a fee for providing a written confirmation under
1232     Subsection (2)(a) in accordance with the process in Section 63J-1-504.]
1233          [(3)] (1) (a) [An employee of the bureau, or any agency with an expunged record, may
1234     not] An agency with an expunged record, or any employee of an agency with an expunged

1235     record, may not knowingly or intentionally divulge any information contained in the expunged
1236     record to any person, or another agency, without a court order unless:
1237          (i) specifically authorized by statute; or
1238          (ii) subject to Subsection [(3)(b)] (1)(b), the information in an expunged record is
1239     being shared with another agency through a records management system that both agencies use
1240     for the purpose of record management.
1241          (b) An agency with a records management system may not disclose any information in
1242     an expunged record with another agency or person that does not use the records management
1243     system for the purpose of record management.
1244          [(4)] (2) The following entities or agencies may receive information contained in
1245     expunged records upon specific request:
1246          (a) the Board of Pardons and Parole;
1247          (b) Peace Officer Standards and Training;
1248          (c) federal authorities if required by federal law;
1249          (d) the State Board of Education;
1250          (e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
1251     applicants for judicial office; and
1252          (f) a research institution or an agency engaged in research regarding the criminal justice
1253     system if:
1254          (i) the research institution or agency provides a legitimate research purpose for
1255     gathering information from the expunged records;
1256          (ii) the research institution or agency enters into a data sharing agreement with the
1257     court or agency with custody of the expunged records that protects the confidentiality of any
1258     identifying information in the expunged records;
1259          (iii) any research using expunged records does not include any individual's name or
1260     identifying information in any product of that research; and
1261          (iv) any product resulting from research using expunged records includes a disclosure
1262     that expunged records were used for research purposes.
1263          [(5)] (3) Except as otherwise provided by this section or by court order, a person, an
1264     agency, or an entity authorized by this section to view expunged records may not reveal or
1265     release any information obtained from the expunged records to anyone outside the specific

1266     request, including distribution on a public website.
1267          [(6)] (4) A prosecuting attorney may communicate with another prosecuting attorney,
1268     or another prosecutorial agency, regarding information in an expunged record that includes a
1269     conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
1270     agreement, for:
1271          (a) stalking as described in Section 76-5-106.5;
1272          (b) a domestic violence offense as defined in Section 77-36-1;
1273          (c) an offense that would require the individual to register as a sex offender, as defined
1274     in Section 77-41-102; or
1275          (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
1276          [(7)] (5) Except as provided in Subsection [(9)] (7), a prosecuting attorney may not use
1277     an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
1278     individual with an offense that requires a prior conviction.
1279          [(8)] (6) The bureau may also use the information in the bureau's index as provided in
1280     Section 53-5-704.
1281          [(9)] (7) If[, after obtaining an expungement,] an individual is charged with a felony or
1282     an offense eligible for enhancement based on a prior conviction[, the state] after obtaining an
1283     expungement, the prosecuting attorney may petition the court to open the expunged records
1284     upon a showing of good cause.
1285          [(10)] (8) (a) For judicial sentencing, a court may order any records expunged under
1286     this chapter or Section 77-27-5.1 to be opened and admitted into evidence.
1287          (b) The records are confidential and are available for inspection only by the court,
1288     parties, counsel for the parties, and any other person who is authorized by the court to inspect
1289     them.
1290          (c) At the end of the action or proceeding, the court shall order the records expunged
1291     again.
1292          (d) Any person authorized by this Subsection [(10)] (8) to view expunged records may
1293     not reveal or release any information obtained from the expunged records to anyone outside the
1294     court.
1295          [(11)] (9) Records released under this chapter are classified as protected under Section
1296     63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to

1297     Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
1298          Section 24. Section 77-40a-404 is amended to read:
1299          77-40a-404. Confirmation of expungement -- Access to expunged records by
1300     individuals.
1301          (1) An individual who receives an expungement may request a written confirmation
1302     from an agency under Subsection [77-40a-403(2)] 77-40a-401(4) to confirm that the agency
1303     has expunged all records of the offense for which the individual received the expungement.
1304          (2) The following individuals may view or obtain an expunged record under this
1305     chapter or Section 77-27-5.1:
1306          (a) the petitioner or an individual who receives an automatic expungement under
1307     [Section 77-40a-201] Part 2, Automatic Expungement and Deletion;
1308          (b) a law enforcement officer, who was involved in the case, for use solely in the
1309     officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1310     that particular case; and
1311          (c) a party to a civil action arising out of the expunged incident if the information is
1312     kept confidential and utilized only in the action.
1313     The following section is affected by a coordination clause at the end of this bill.
1314          Section 25. Section 78A-2-302 is amended to read:
1315          78A-2-302. Waiver of fees, costs, and security -- Indigent litigants -- Affidavit.
1316          (1) As used in Sections 78A-2-302 through 78A-2-309:
1317          (a) "Convicted" means:
1318          (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
1319     condition, no contest; and
1320          (ii) a conviction of any crime or offense.
1321          (b) "Indigent" means [an individual who is financially unable to pay fees and costs or
1322     give security] a financial status that results from a court finding that a petitioner is financially
1323     unable to pay the fee, a cost, or give security.
1324          (c) "Prisoner" means an individual who has been convicted of a crime and is
1325     incarcerated for that crime or is being held in custody for trial or sentencing.
1326          (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
1327     state without prepayment of fees and costs or security if:

1328          (a) the individual submits an affidavit demonstrating that the individual is indigent[.];
1329     or
1330          (b) the cause is a petition for expungement and the individual provides the court with
1331     proof that another court granted a waiver of the fee for a petition for expungement as described
1332     in Subsection 77-40a-305(12)(b).
1333          (3) A court shall find an individual indigent if the individual's affidavit under
1334     Subsection (2) demonstrates:
1335          (a) the individual has an income level at or below 150% of the United States poverty
1336     level as defined by the most recent poverty income guidelines published by the United States
1337     Department of Health and Human Services;
1338          (b) the individual receives benefits from a means-tested government program,
1339     including Temporary Assistance to Needy Families, Supplemental Security Income, the
1340     Supplemental Nutrition Assistance Program, or Medicaid;
1341          (c) the individual receives legal services from a nonprofit provider or a pro bono
1342     attorney through the Utah State Bar; or
1343          (d) the individual has insufficient income or other means to pay the necessary fees and
1344     costs or security without depriving the individual, or the individual's family, of food, shelter,
1345     clothing, or other necessities.
1346          (4) An affidavit demonstrating that an individual is indigent under Subsection (3)(d)
1347     shall contain complete information on the individual's:
1348          (a) identity and residence;
1349          (b) amount of income, including any government financial support, alimony, or child
1350     support;
1351          (c) assets owned, including real and personal property;
1352          (d) business interests;
1353          (e) accounts receivable;
1354          (f) securities, checking and savings account balances;
1355          (g) debts; and
1356          (h) monthly expenses.
1357          (5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
1358     amount of money held in the prisoner's trust account at the time the affidavit under Subsection

1359     (2) is executed in accordance with Section 78A-2-305.
1360          (6) An affidavit of indigency under this section shall state the following:
1361          I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
1362     the expenses of the action or legal proceedings which I am about to commence or the appeal
1363     which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
1364     proceedings, or appeal.
1365          (7) The Administrative Office of the Courts shall include on a form for an affidavit of
1366     indigency the following warning: "It is a crime for anyone to intentionally or knowingly
1367     provide false or misleading information to the court when seeking a waiver of a court fee."
1368          Section 26. Section 78A-7-209.5 is amended to read:
1369          78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers --
1370     Duties.
1371          (1) (a) In judicial districts having more than one justice court judge, the justice court
1372     judges shall elect one judge of the district to the office of presiding judge.
1373          (b) The presiding judge shall receive an additional $2,000 per annum as compensation
1374     from the Justice Court Technology, Security, and Training Account described in Section
1375     78A-7-301 for the period served as presiding judge.
1376          (2) (a) In judicial districts having more than two justice court judges, the justice court
1377     judges may elect one judge of the district to the office of associate presiding judge.
1378          (b) The associate presiding judge shall receive an additional $1,000 per annum as
1379     compensation from the Justice Court Technology, Security, and Training Account described in
1380     Section 78A-7-301 for the period served as associate presiding judge.
1381          (3) The presiding judge has the following authority and responsibilities, consistent with
1382     the policies of the Judicial Council:
1383          (a) working with each justice court judge in the district to implement policies and rules
1384     of the Judicial Council;
1385          (b) exercising powers and performing administrative duties as authorized by the
1386     Judicial Council;
1387          (c) if there is no other appointed justice court judge in that court available, assigning a
1388     justice court judge to hear a case in which a judge has been disqualified in accordance with
1389     rules of the Supreme Court;

1390          (d) if a justice court judge of the district cannot perform the justice court judge's duties
1391     in a case or cases due to illness, death, or other incapacity, and the governing body has not
1392     appointed a temporary justice court judge in accordance with Section 78A-7-208:
1393          (i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
1394          (ii) facilitating judicial coverage with the appointing municipal or county authority
1395     until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208,
1396     or a new justice court judge is formally appointed and takes office, in accordance with Section
1397     78A-7-202; and
1398          (e) entering orders of expungement in cases expunged in accordance with [Section
1399     77-40a-201] Title 77, Chapter 40a, Part 2, Automatic Expungement and Deletion.
1400          (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
1401     assume the responsibilities of the presiding judge.
1402          (b) The associate presiding judge shall perform other duties assigned by the presiding
1403     judge.
1404          Section 27. Section 78B-7-1001 is amended to read:
1405          78B-7-1001. Definitions.
1406          As used in this part:
1407          (1) (a) [Except as provided in Subsection (1)(b), "agency"] "Agency" means, except as
1408     provided in Subsection (1)(b), a state, county, or local government entity that generates or
1409     maintains records relating to a civil order for which expungement may be ordered.
1410          (b) "Agency" does not include the Division of Child and Family Services created in
1411     Section 80-2-201.
1412          (2) "Civil order" means:
1413          (a) an ex parte civil protective order;
1414          (b) an ex parte civil stalking injunction;
1415          (c) a civil protective order; or
1416          (d) a civil stalking injunction.
1417          [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
1418     by an agency when the record includes a civil order.]
1419          (3) (a) "Expunge" means to remove a record from public inspection by:
1420          (i) sealing the record; or

1421          (ii) restricting or denying access to the record.
1422          (b) "Expunge" does not include the destruction of a record.
1423          (4) "Petitioner" means an individual petitioning for expungement of a civil order under
1424     this part.
1425          Section 28. Section 78B-7-1004 is amended to read:
1426          78B-7-1004. Distribution and effect of order of expungement -- Penalty.
1427          (1) An individual who receives an order of expungement under Section 78B-7-1003
1428     shall be responsible for delivering a copy of the order of expungement to any affected agency.
1429          [(2) Upon receipt of an order of expungement as described in Subsection (1), an agency
1430     shall expunge all records described in the expungement order that are under the control of the
1431     agency.]
1432          (2) If an agency receives an expungement order as described in Subsection (1), the
1433     agency shall expunge all records affected by the expungement order.
1434          (3) Upon entry of an expungement order by a court under Section 78B-7-1003:
1435          (a) the civil order is considered to never have occurred; and
1436          (b) the petitioner may reply to an inquiry on the matter as though there was never a
1437     civil order.
1438          (4) (a) Unless ordered by a court to do so, an agency or official may not divulge
1439     information or records that have been expunged under this part.
1440          (b) An expungement order may not restrict an agency's use or dissemination of records
1441     in the agency's ordinary course of business until the agency has received a copy of the
1442     expungement order.
1443          (c) Any action taken by an agency after issuance of the expungement order but before
1444     the agency's receipt of a copy of the expungement order may not be invalidated by the order.
1445          (5) An expungement order under this part may not:
1446          (a) terminate or invalidate any pending administrative proceedings or actions of which
1447     the individual had notice according to the records of the administrative body before issuance of
1448     the expungement order;
1449          (b) affect the enforcement of any order or findings issued by an administrative body
1450     pursuant to the administrative body's lawful authority prior to issuance of the expungement
1451     order; or

1452          (c) prevent an agency from maintaining, sharing, or distributing any record required by
1453     law.
1454          (6) An employee or agent of an agency that is prohibited from disseminating
1455     information from an expunged record under this section who knowingly or intentionally
1456     discloses identifying information from the expunged record, unless allowed by law, is guilty of
1457     a class A misdemeanor.
1458          (7) Records expunged under this part may be released to, or viewed by, the following
1459     individuals:
1460          (a) the petitioner; or
1461          (b) parties to a civil action arising out of the expunged civil order, providing the
1462     information is kept confidential and utilized only in the action.
1463          (8) This part does not preclude a court from considering the same circumstances or
1464     evidence for which an expunged civil order was issued in any proceeding that occurs after the
1465     civil order is expunged.
1466          Section 29. Section 80-6-1001 is amended to read:
1467          80-6-1001. Definitions.
1468          As used in this part:
1469          (1) "Abstract" means a copy or summary of a court's disposition.
1470          (2) (a) "Agency" means a state, county, or local government entity that generates or
1471     maintains records for which expungement may be ordered under this part.
1472          (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
1473     purposes of this part.
1474          (3) (a) "Expunge" means [to seal or otherwise restrict access to a record that is part of
1475     an individual's juvenile record and in the custody of the juvenile court or an agency] to remove
1476     a juvenile record from public inspection by:
1477          (i) sealing the juvenile record; or
1478          (ii) restricting or denying access to the juvenile record.
1479          (b) "Expunge" does not include the destruction of a juvenile record.
1480          (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
1481     individual that are in the custody of the juvenile court or an agency.
1482          (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,

1483     Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of
1484     Parental Rights.
1485          (5) "Petitioner" means an individual requesting an expungement or vacatur under this
1486     part.
1487          Section 30. Section 80-6-1006.1 is amended to read:
1488          80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
1489     order -- Agency duties -- Effect of expungement -- Access to expunged record.
1490          (1) This section applies to an expungement order under Section 80-6-1004.1,
1491     80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
1492          (2) The juvenile court may not order:
1493          (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
1494     in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1495     that the juvenile court may order the Board of Pardons and Parole and the Department of
1496     Corrections to restrict access to a record if the record is specifically identified in the
1497     expungement order as a record in the possession of the Board of Pardons and Parole or the
1498     Department of Corrections; or
1499          (b) the Division of Child and Family Services to expunge a record in an individual's
1500     juvenile record that is contained in the Management Information System or the Licensing
1501     Information System unless:
1502          (i) the record is unsupported; or
1503          (ii) after notice and an opportunity to be heard, the Division of Child and Family
1504     Services stipulates in writing to expunging the record.
1505          (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1506     copy of the expungement order to any affected agency or official identified in the juvenile
1507     record.
1508          (b) An individual who is the subject of an expungement order may deliver copies of the
1509     expungement order to all agencies and officials affected by the expungement order.
1510          (4) (a) Upon receipt of an expungement order, an agency shall:
1511          (i) [to avoid destruction or expungement of records in whole or in part, expunge only
1512     the references to the individual's name in the records relating to the individual's adjudication,
1513     nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is

1514     ordered] expunge all records affected by the expungement order; and
1515          (ii) destroy all photographs and records created under Section 80-6-608, except that a
1516     record of a minor's fingerprints may not be destroyed by an agency.
1517          (b) An agency that receives a copy of an expungement order shall mail an affidavit to
1518     the individual who is the subject of the expungement order, or the individual's attorney, that the
1519     agency has complied with the expungement order.
1520          (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1521     Department of Corrections:
1522          (a) may not disclose records expunged in an expungement order unless required by
1523     law;
1524          (b) are not required to destroy any photograph or record created under Section
1525     80-6-608;
1526          (c) may use an expunged record for purposes related to incarceration and supervision
1527     of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1528     purpose of making decisions about:
1529          (i) the treatment and programming of the individual;
1530          (ii) housing of the individual;
1531          (iii) applicable guidelines regarding the individual; or
1532          (iv) supervision conditions for the individual;
1533          (d) are not prohibited from disclosing or sharing any information in an expunged
1534     record with another agency that uses the same record management system as the Board of
1535     Pardons and Parole or the Department of Corrections; and
1536          (e) are not required to mail an affidavit under Subsection (4)(b).
1537          (6) Upon entry of an expungement order:
1538          (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1539     detention for which the record is expunged is considered to have never occurred; and
1540          (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1541     on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1542     an arrest, an investigation, or a detention.
1543          (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
1544     80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject

1545     of the record.
1546          Section 31. Repealer.
1547          This bill repeals:
1548          Section 77-40a-203, Time periods for expungement or deletion -- Identification and
1549     processing of clean slate eligible cases.
1550          Section 32. Effective date.
1551          (1) Except as provided in Subsection (2), this bill takes effect on October 1, 2024.
1552          (2) Section 63M-7-221 takes effect on May 1, 2024.
1553          Section 33. Coordinating H.B. 352 with S.B. 163.
1554           If H.B. 352, Amendments to Expungement, and S.B. 163, Expungement Revisions,
1555     both pass and become law, the Legislature intends that, on October 1, 2024:
1556          (1) the following language replace Subsection 77-40a-301(1)(b) enacted in H.B. 352
1557     and S.B. 163:
1558          "(b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for
1559     the certificate of eligibility or special certificate as described in Section 77-40a-304 if the
1560     individual is eligible to receive a certificate of eligibility or special certificate; and";
1561          (2) Subsection 77-40a-306(5) enacted in H.B. 352 not be enacted;
1562          (3) Subsection 77-40a-401(3) enacted in H.B. 352 be amended to read:
1563          "(3) (a) An agency shall:
1564          (i) develop and implement a process to identify an expunged record; and
1565          (ii) keep, index, and maintain all expunged records of arrests and convictions.
1566          (b) Subsection (3)(a) does not prevent an agency from maintaining or destroying a
1567     record in accordance with a retention schedule when the record is an expunged record.
1568          (c) An agency is not required to redact an expunged record, or a record referencing an
1569     expunged record, that pertains to more than one individual until the agency is required to
1570     release the record."; and
1571          (4) Subsection 78A-2-302(2) be amended to read:
1572          "(2) An individual may institute, prosecute, defend, or appeal any cause in a court in
1573     this state without prepayment of fees and costs or security if:
1574          (a) the individual submits an affidavit demonstrating that the individual is indigent[.];
1575     or

1576          (b) the cause is a petition for expungement and: (i) the individual provides the court
1577     with proof that another court granted a waiver of the fee for a petition for expungement as
1578     described in Subsection 77-40a-305(12)(b); or
1579          (ii) the individual is receiving services for the expungement from a nonprofit
1580     organization, or a public benefit corporation, that provides services to low-income individuals
1581     seeking expungement.".