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7 LONG TITLE
8 General Description:
9 This bill addresses the expungement of records.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals sunset dates regarding issuance and filing fees for expungement;
13 ▸ repeals language relating to the suspension of issuance fees for certificates of
14 eligibility for expungement and filing fees for petitions for expungement;
15 ▸ creates a sunset date for an expungement working group;
16 ▸ creates an expungement working group to study issues related to automatic
17 expungement;
18 ▸ allows a court to issue an order of expungement for a plea in abeyance when the
19 defendant has completed a problem solving court program and the court dismisses
20 the case against the defendant;
21 ▸ defines terms related to expungement;
22 ▸ clarifies automatic deletion of a traffic offense;
23 ▸ amends provisions related to the automatic expungement of a case, including:
24 • requiring an individual to submit a form to receive an automatic expungement
25 on and after October 1, 2024, 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 [
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116 Section 2. Section 63I-1-278 is amended to read:
117 63I-1-278. Repeal dates: Title 78A and Title 78B.
118 [
119
120 [
121 repealed July 1, 2029.
122 [
123 a domestic violence offense from the justice court to the district court, is repealed on July 1,
124 2024.
125 [
126 employee convicted of an offense, is repealed on July 1, 2025.
127 [
128 July 1, 2026.
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130 Support Guidelines Advisory Committee, is repealed July 1, 2026.
131 [
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 [
149 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
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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 [
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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[
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 [
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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 [
292 Public Safety established in Section 53-10-201.
293 [
294 the criminal record and all records of arrest, investigation, and detention associated with a case
295 that is the subject of a petition for expungement is eligible for expungement.
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.
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355 (7) "Clean slate eligible case" means a case that is eligible for automatic expungement
356 under Section 77-40a-205.
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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 [
363 78B-7-102.
364 [
365 Section 78B-7-102.
366 [
367 53-1-103.
368 [
369 (a) an offense described in Subsection 58-37-8(2), except for:
370 (i) [
371 more of marijuana;
372 (ii) [
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 [
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384
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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 [
393 territory, or possession of the United States or any foreign country.
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395 [
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 [
404 Criminal Code; or
405 (v) any local ordinance that is substantially similar to an offense listed in Subsections
406 [
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408 chapter.
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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 [
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 [
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 [
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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 [
445 Section 8. Section 77-40a-201 is amended to read:
446
447 77-40a-201. General provisions for automatic expungement and deletion.
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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 [
524 preclude a person from requesting access to expunged records in accordance with Section
525 77-40a-403 or 77-40a-404.
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527 process for automatic expungement.
528 (b) The rules under Subsection [
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) [
542 traffic offenses [
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 [
558
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 [
730
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 [
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[
764 [
765
766
767 [
768
769
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 [
880
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 [
898 [
899 [
900
901 [
902
903 [
904
905 [
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 [
927
928 [
929
930 [
931
932
933 [
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[
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 [
944
945 [
946 is needed for the court to issue a valid expungement order.
947 [
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 [
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 [
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
1124 77-40a-401. Processing of expungement order -- Written confirmation of
1125 expungement -- Effect of an expungement.
1126 [
1127
1128 [
1129
1130 [
1131 [
1132 [
1133
1134 [
1135
1136
1137 [
1138
1139
1140
1141 [
1142
1143 [
1144
1145
1146 [
1147
1148
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 [
1197
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) [
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 [
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 [
1225
1226 [
1227
1228 [
1229
1230
1231 [
1232
1233 [
1234
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 [
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 [
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 [
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 [
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 [
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 [
1280 Section 53-5-704.
1281 [
1282 an offense eligible for enhancement based on a prior conviction[
1283 expungement, the prosecuting attorney may petition the court to open the expunged records
1284 upon a showing of good cause.
1285 [
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 [
1293 not reveal or release any information obtained from the expunged records to anyone outside the
1294 court.
1295 [
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 [
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 [
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 [
1322
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 [
1399
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) [
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 [
1418
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 [
1430
1431
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 [
1475
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) [
1512
1513
1514
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.".