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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to expungement.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides a timeline for a prosecuting attorney to respond to a motion to reduce a
13 conviction for purposes of expungement;
14 ▸ modifies a chapter title related to expungement;
15 ▸ defines terms related to expungement;
16 ▸ clarifies provisions related to the automatic expungement and deletion of criminal
17 records;
18 ▸ provides that an agency is not required to expunge records within one year for a
19 case that is automatically expunged if the agency is notified that the defendant in the
20 case is deceased;
21 ▸ clarifies the requirements for applying for the expungement of a criminal record;
22 ▸ clarifies provisions related to a special certificate that is issued by the Bureau of
23 Criminal Identification;
24 ▸ clarifies the filing requirements for a petition for expungement;
25 ▸ addresses venue for the filing of a petition for expungement of a criminal record, an
26 eviction record, a record of a protective order or stalking injunction, or a juvenile
27 record;
28 ▸ requires a court to notify the Bureau of Criminal Identification that an order of
29 expungement for a criminal case has been issued and to provide the Bureau of
30 Criminal Identification with all information needed for expungement;
31 ▸ requires a court to provide a petitioner with certified copies of an order of
32 expungement;
33 ▸ addresses the expungement of criminal records when an agency has a retention
34 schedule;
35 ▸ addresses the redaction of an expunged record when the record pertains to more
36 than one individual;
37 ▸ addresses the opening of expunged records when the individual is charged with a
38 felony or an offense eligible for enhancement;
39 ▸ clarifies the jurisdiction of the justice court over a petition for expungement;
40 ▸ moves a provision regarding removing the link between an individual's personal
41 identifying information and a dismissed case regarding a protective order or stalking
42 injunction from Title 77, Chapter 40a, Expungement of Criminal Records, to Title
43 78B, Chapter 7, Part 10, Expungement of Protective Orders and Stalking
44 Injunctions; and
45 ▸ makes technical and conforming changes.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 This bill provides a special effective date.
50 Utah Code Sections Affected:
51 AMENDS:
52 20A-2-101.3, as enacted by Laws of Utah 2011, Chapter 395
53 41-6a-501, as last amended by Laws of Utah 2023, Chapters 328, 415
54 53-3-414, as last amended by Laws of Utah 2022, Chapters 46, 116
55 53-6-302, as last amended by Laws of Utah 2021, First Special Session, Chapter 13
56 53-9-108, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 18
57 63G-4-107, as last amended by Laws of Utah 2021, Chapters 84, 344
58 76-3-402, as last amended by Laws of Utah 2023, Chapter 132
59 77-2-2.3, as renumbered and amended by Laws of Utah 2021, Chapter 260
60 77-27-5.1, as last amended by Laws of Utah 2017, Chapter 356
61 77-40a-101, as last amended by Laws of Utah 2023, Chapter 265
62 77-40a-105, as renumbered and amended by Laws of Utah 2022, Chapter 250
63 77-40a-201, as renumbered and amended by Laws of Utah 2022, Chapter 250
64 77-40a-202, as renumbered and amended by Laws of Utah 2022, Chapter 250
65 77-40a-203, as renumbered and amended by Laws of Utah 2022, Chapter 250
66 77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
67 77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
68 77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
69 77-40a-305, as last amended by Laws of Utah 2023, Chapters 265, 330
70 77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
71 77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
72 77-40a-404, as last amended by Laws of Utah 2023, Chapter 265
73 77-41-109, as last amended by Laws of Utah 2023, Chapter 123
74 78A-6-350 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
75 2021, Chapter 261
76 78A-6-350 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 401
77 78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
78 78A-7-209.5, as enacted by Laws of Utah 2022, Chapter 276
79 78B-6-853, as enacted by Laws of Utah 2022, Chapter 372
80 78B-7-1003, as last amended by Laws of Utah 2023, Chapters 139, 265
81 ENACTS:
82 77-40a-202.1, Utah Code Annotated 1953
83 77-40a-202.2, Utah Code Annotated 1953
84 77-40a-204, Utah Code Annotated 1953
85 78B-7-1002.1, Utah Code Annotated 1953
86 80-6-1001.2, Utah Code Annotated 1953
87
88 Be it enacted by the Legislature of the state of Utah:
89 Section 1. Section 20A-2-101.3 is amended to read:
90 20A-2-101.3. Convicted misdemeanants -- Restoration of right to vote or hold
91 office.
92 (1) As used in this section, "misdemeanant" means a person convicted of a
93 misdemeanor for an offense under this title.
94 (2) A misdemeanant's right to register to vote and to vote in an election is restored
95 when the misdemeanant:
96 (a) is sentenced to probation; or
97 (b) has successfully completed the term of incarceration to which the misdemeanant
98 was sentenced.
99 (3) A misdemeanant's right to hold elective office is restored when:
100 (a) the misdemeanor for an offense under this title is expunged as provided in [
101
102 (b) (i) five years have passed since the date of the misdemeanant's most recent
103 misdemeanor conviction of an offense under this title;
104 (ii) the misdemeanant has paid all court-ordered restitution and fines; and
105 (iii) for each misdemeanor conviction that has not been expunged, the misdemeanant
106 has:
107 (A) completed probation in relation to the misdemeanor; or
108 (B) successfully completed the term of incarceration associated with the misdemeanor.
109 Section 2. Section 41-6a-501 is amended to read:
110 41-6a-501. Definitions.
111 (1) As used in this part:
112 (a) "Actual physical control" is determined by a consideration of the totality of the
113 circumstances, but does not include a circumstance in which:
114 (i) the person is asleep inside the vehicle;
115 (ii) the person is not in the driver's seat of the vehicle;
116 (iii) the engine of the vehicle is not running;
117 (iv) the vehicle is lawfully parked; and
118 (v) under the facts presented, it is evident that the person did not drive the vehicle to
119 the location while under the influence of alcohol, a drug, or the combined influence of alcohol
120 and any drug.
121 (b) "Assessment" means an in-depth clinical interview with a licensed mental health
122 therapist:
123 (i) used to determine if a person is in need of:
124 (A) substance abuse treatment that is obtained at a substance abuse program;
125 (B) an educational series; or
126 (C) a combination of Subsections (1)(b)(i)(A) and (B); and
127 (ii) that is approved by the Division of Integrated Healthcare in accordance with
128 Section 26B-5-104.
129 (c) "Driving under the influence court" means a court that is approved as a driving
130 under the influence court by the Judicial Council according to standards established by the
131 Judicial Council.
132 (d) "Drug" or "drugs" means:
133 (i) a controlled substance as defined in Section 58-37-2;
134 (ii) a drug as defined in Section 58-17b-102; or
135 (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
136 body, can impair the ability of a person to safely operate a motor vehicle.
137 (e) "Educational series" means an educational series obtained at a substance abuse
138 program that is approved by the Division of Integrated Healthcare in accordance with Section
139 26B-5-104.
140 (f) "Negligence" means simple negligence, the failure to exercise that degree of care
141 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
142 (g) "Novice learner driver" means an individual who:
143 (i) has applied for a Utah driver license;
144 (ii) has not previously held a driver license in this state or another state; and
145 (iii) has not completed the requirements for issuance of a Utah driver license.
146 (h) "Screening" means a preliminary appraisal of a person:
147 (i) used to determine if the person is in need of:
148 (A) an assessment; or
149 (B) an educational series; and
150 (ii) that is approved by the Division of Integrated Healthcare in accordance with
151 Section 26B-5-104.
152 (i) "Serious bodily injury" means bodily injury that creates or causes:
153 (i) serious permanent disfigurement;
154 (ii) protracted loss or impairment of the function of any bodily member or organ; or
155 (iii) a substantial risk of death.
156 (j) "Substance abuse treatment" means treatment obtained at a substance abuse
157 program that is approved by the Division of Integrated Healthcare in accordance with Section
158 26B-5-104.
159 (k) "Substance abuse treatment program" means a state licensed substance abuse
160 program.
161 (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
162 Section 41-6a-102; and
163 (ii) "Vehicle" or "motor vehicle" includes:
164 (A) an off-highway vehicle as defined under Section 41-22-2; and
165 (B) a motorboat as defined in Section 73-18-2.
166 (2) As used in Sections 41-6a-502 and 41-6a-520.1:
167 (a) "Conviction" means any conviction arising from a separate episode of driving for a
168 violation of:
169 (i) driving under the influence under Section 41-6a-502;
170 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
171 combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
172 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
173 41-6a-502.5;
174 (iii) driving with any measurable controlled substance that is taken illegally in the body
175 under Section 41-6a-517;
176 (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
177 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
178 compliance with Section 41-6a-510;
179 (v) Section 76-5-207;
180 (vi) operating a motor vehicle with any amount of a controlled substance in an
181 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
182 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
183 (vii) negligently operating a vehicle resulting in injury under Section 76-5-102.1;
184 (viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
185 conviction is reduced under Section 76-3-402;
186 (ix) refusal of a chemical test under Subsection 41-6a-520.1(1); or
187 (x) statutes or ordinances previously in effect in this state or in effect in any other state,
188 the United States, or any district, possession, or territory of the United States which would
189 constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
190 both-related reckless driving if committed in this state, including punishments administered
191 under 10 U.S.C. Sec. 815.
192 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
193 through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
194 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
195 reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
196 (i) enhancement of penalties under this part; and
197 (ii) expungement under [
198 Expungement of Criminal Records.
199 (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
200 of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
201 Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
202 (i) this part;
203 (ii) negligently operating a vehicle resulting in injury under Section 76-5-102.1; and
204 (iii) negligently operating a vehicle resulting in death under Section 76-5-207.
205 (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
206 metabolite of a controlled substance.
207 Section 3. Section 53-3-414 is amended to read:
208 53-3-414. CDL disqualification or suspension -- Grounds and duration --
209 Procedure.
210 (1) (a) An individual who holds or is required to hold a CDL is disqualified from
211 driving a commercial motor vehicle for a period of not less than one year effective seven days
212 from the date of notice to the driver if convicted of a first offense of:
213 (i) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
214 substance, or more than one of these;
215 (ii) driving a commercial motor vehicle while the concentration of alcohol in the
216 person's blood, breath, or urine is .04 grams or more;
217 (iii) leaving the scene of an accident involving a motor vehicle the person was driving;
218 (iv) failing to provide reasonable assistance or identification when involved in an
219 accident resulting in:
220 (A) personal injury in accordance with Section 41-6a-401.3;
221 (B) death in accordance with Section 41-6a-401.5; or
222 (v) using a motor vehicle in the commission of a felony;
223 (vi) refusal to submit to a test to determine the concentration of alcohol in the person's
224 blood, breath, or urine;
225 (vii) driving a commercial motor vehicle while the person's commercial driver license
226 is disqualified in accordance with the provisions of this section for violating an offense
227 described in this section; or
228 (viii) operating a commercial motor vehicle in a negligent manner causing the death of
229 another including the offenses of manslaughter under Section 76-5-205, negligent homicide
230 under Section 76-5-206, or negligently operating a vehicle resulting in death under Section
231 76-5-207.
232 (b) The division shall subtract from any disqualification period under Subsection
233 (1)(a)(i) the number of days for which a license was previously disqualified under Subsection
234 (1)(a)(ii) or (14) if the previous disqualification was based on the same occurrence upon which
235 the record of conviction is based.
236 (2) If any of the violations under Subsection (1) occur while the driver is transporting a
237 hazardous material required to be placarded, the driver is disqualified for not less than three
238 years.
239 (3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
240 or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
241 convicted of or administrative action is taken for two or more of any of the offenses under
242 Subsection (1), (5), or (14) arising from two or more separate incidents.
243 (b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
244 (4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
245 this section may apply to the division for reinstatement of the driver's CDL if the driver:
246 (i) has both voluntarily enrolled in and successfully completed an appropriate
247 rehabilitation program that:
248 (A) meets the standards of the division; and
249 (B) complies with 49 C.F.R. Sec. 383.51;
250 (ii) has served a minimum disqualification period of 10 years; and
251 (iii) has fully met the standards for reinstatement of commercial motor vehicle driving
252 privileges established by rule of the division.
253 (b) If a reinstated driver is subsequently convicted of another disqualifying offense
254 under this section, the driver is permanently disqualified for life and is ineligible to again apply
255 for a reduction of the lifetime disqualification.
256 (5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified
257 for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
258 commission of any felony involving:
259 (a) the manufacturing, distributing, or dispensing of a controlled substance, or
260 possession with intent to manufacture, distribute, or dispense a controlled substance and is
261 ineligible to apply for a reduction of the lifetime disqualification under Subsection (4); or
262 (b) an act or practice of severe forms of trafficking in persons as defined and described
263 in 22 U.S.C. Sec. 7102(11).
264 (6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds
265 or is required to hold a CDL is disqualified for not less than:
266 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
267 serious traffic violations; and
268 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
269 (b) The disqualifications under Subsection (6)(a) are effective only if the serious traffic
270 violations:
271 (i) occur within three years of each other;
272 (ii) arise from separate incidents; and
273 (iii) involve the use or operation of a commercial motor vehicle.
274 (c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is
275 disqualified from driving a commercial motor vehicle and the division receives notice of a
276 subsequent conviction for a serious traffic violation that results in an additional disqualification
277 period under this Subsection (6), the subsequent disqualification period is effective beginning
278 on the ending date of the current serious traffic violation disqualification period.
279 (7) (a) A driver of a commercial motor vehicle who is convicted of violating an
280 out-of-service order while driving a commercial motor vehicle is disqualified from driving a
281 commercial motor vehicle for a period not less than:
282 (i) 180 days if the driver is convicted of a first violation;
283 (ii) two years if, during any 10 year period, the driver is convicted of two violations of
284 out-of-service orders in separate incidents;
285 (iii) three years but not more than five years if, during any 10 year period, the driver is
286 convicted of three or more violations of out-of-service orders in separate incidents;
287 (iv) 180 days but not more than two years if the driver is convicted of a first violation
288 of an out-of-service order while transporting hazardous materials required to be placarded or
289 while operating a motor vehicle designed to transport 16 or more passengers, including the
290 driver; or
291 (v) three years but not more than five years if, during any 10 year period, the driver is
292 convicted of two or more violations, in separate incidents, of an out-of-service order while
293 transporting hazardous materials required to be placarded or while operating a motor vehicle
294 designed to transport 16 or more passengers, including the driver.
295 (b) A driver of a commercial motor vehicle who is convicted of a first violation of an
296 out-of-service order is subject to a civil penalty of not less than $2,500.
297 (c) A driver of a commercial motor vehicle who is convicted of a second or subsequent
298 violation of an out-of-service order is subject to a civil penalty of not less than $5,000.
299 (8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
300 disqualified for not less than 60 days if the division determines, in its check of the driver's
301 driver license status, application, and record prior to issuing a CDL or at any time after the
302 CDL is issued, that the driver has falsified information required to apply for a CDL in this
303 state.
304 (9) A driver of a commercial motor vehicle who is convicted of violating a
305 railroad-highway grade crossing provision under Section 41-6a-1205, while driving a
306 commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
307 not less than:
308 (a) 60 days if the driver is convicted of a first violation;
309 (b) 120 days if, during any three-year period, the driver is convicted of a second
310 violation in separate incidents; or
311 (c) one year if, during any three-year period, the driver is convicted of three or more
312 violations in separate incidents.
313 (10) (a) The division shall update its records and notify the CDLIS within 10 days of
314 suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
315 (b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL,
316 the division shall notify the licensing authority of the issuing state or other jurisdiction and the
317 CDLIS within 10 days after the action is taken.
318 (c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
319 state, the division shall notify the CDLIS within 10 days after the action is taken.
320 (11) (a) The division may immediately suspend or disqualify the CDL of a driver
321 without a hearing or receiving a record of the driver's conviction when the division has reason
322 to believe that the:
323 (i) CDL was issued by the division through error or fraud;
324 (ii) applicant provided incorrect or incomplete information to the division;
325 (iii) applicant cheated on any part of a CDL examination;
326 (iv) driver no longer meets the fitness standards required to obtain a CDL; or
327 (v) driver poses an imminent hazard.
328 (b) Suspension of a CDL under this Subsection (11) shall be in accordance with
329 Section 53-3-221.
330 (c) If a hearing is held under Section 53-3-221, the division shall then rescind the
331 suspension order or cancel the CDL.
332 (12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is
333 required to hold a CDL is disqualified for not less than:
334 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
335 serious traffic violations; and
336 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
337 (b) The disqualifications under Subsection (12)(a) are effective only if the serious
338 traffic violations:
339 (i) occur within three years of each other;
340 (ii) arise from separate incidents; and
341 (iii) result in a denial, suspension, cancellation, or revocation of the non-CDL driving
342 privilege from at least one of the violations.
343 (c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
344 from driving a commercial motor vehicle and the division receives notice of a subsequent
345 conviction for a serious traffic violation that results in an additional disqualification period
346 under this Subsection (12), the subsequent disqualification period is effective beginning on the
347 ending date of the current serious traffic violation disqualification period.
348 (13) (a) Upon receiving a notice that a person has entered into a plea of guilty or no
349 contest to a violation of a disqualifying offense described in this section which plea is held in
350 abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend,
351 cancel, or revoke the person's CDL for the period required under this section for a conviction of
352 that disqualifying offense, even if the charge has been subsequently reduced or dismissed in
353 accordance with the plea in abeyance agreement.
354 (b) The division shall report the plea in abeyance to the CDLIS within 10 days of
355 taking the action under Subsection (13)(a).
356 (c) A plea which is held in abeyance may not be removed from a person's driving
357 record for 10 years from the date of the plea in abeyance agreement, even if the charge is:
358 (i) reduced or dismissed in accordance with the plea in abeyance agreement; or
359 (ii) expunged under [
360 Expungement of Criminal Records.
361 (14) The division shall disqualify the CDL of a driver for an arrest of a violation of
362 Section 41-6a-502 when administrative action is taken against the operator's driving privilege
363 pursuant to Section 53-3-223 for a period of:
364 (a) one year; or
365 (b) three years if the violation occurred while transporting hazardous materials.
366 (15) The division may concurrently impose any disqualification periods that arise
367 under this section while a driver is disqualified by the Secretary of the United States
368 Department of Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.
369 Section 4. Section 53-6-302 is amended to read:
370 53-6-302. Applicants for certification examination -- Requirements.
371 (1) Before being allowed to take a dispatcher certification examination, each applicant
372 shall meet the following requirements:
373 (a) be either:
374 (i) a United States citizen; or
375 (ii) a lawful permanent resident of the United States who:
376 (A) has been in the United States legally for the five years immediately before the day
377 on which the application is made; and
378 (B) has legal authorization to work in the United States;
379 (b) be 18 years old or older at the time of employment as a dispatcher;
380 (c) be a high school graduate or have a G.E.D. equivalent;
381 (d) have not been convicted of a crime for which the applicant could have been
382 punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
383 this or another state;
384 (e) have demonstrated good moral character, as determined by a background
385 investigation;
386 (f) be free of any physical, emotional, or mental condition that might adversely affect
387 the performance of the applicant's duty as a dispatcher; and
388 (g) meet all other standards required by POST.
389 (2) (a) An application for certification shall be accompanied by a criminal history
390 background check of local, state, and national criminal history files and a background
391 investigation.
392 (b) The costs of the background check and investigation shall be borne by the applicant
393 or the applicant's employing agency.
394 (3) (a) Notwithstanding [
395 Expungement of Criminal Records, regarding expungements, or a similar statute or rule of any
396 other jurisdiction, any conviction obtained in this state or other jurisdiction, including a
397 conviction that has been expunged, dismissed, or treated in a similar manner to either of these
398 procedures, may be considered for purposes of this section.
399 (b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
400 (4) Any background check or background investigation performed under the
401 requirements of this section shall be to determine eligibility for admission to training programs
402 or qualification for certification examinations and may not be used as a replacement for any
403 background investigations that may be required of an employing agency.
404 (5) An applicant is considered to be of good moral character under Subsection (1)(e) if
405 the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309(1).
406 Section 5. Section 53-9-108 is amended to read:
407 53-9-108. Qualifications for licensure.
408 (1) (a) An applicant under this chapter shall be at least:
409 (i) 21 years of age to apply for an agency license or a registrant license; or
410 (ii) 18 years of age to apply for an apprentice license.
411 (b) An applicant may not have been:
412 (i) convicted of a felony;
413 (ii) convicted of an act involving illegally using, carrying, or possessing a dangerous
414 weapon;
415 (iii) convicted of an act of personal violence or force on any person or convicted of
416 threatening to commit an act of personal violence or force against another person;
417 (iv) convicted of an act constituting dishonesty or fraud;
418 (v) convicted of an act involving moral turpitude within the past 10 years unless the
419 conviction has been expunged under the provisions of [
420 Title 77, Chapter 40a, Expungement of Criminal Records;
421 (vi) placed on probation or parole;
422 (vii) named in an outstanding arrest warrant; or
423 (viii) convicted of illegally obtaining or disclosing private, controlled, or protected
424 records as provided in Section 63G-2-801.
425 (c) If previously or currently licensed in another state or jurisdiction, the applicant shall
426 be in good standing within that state or jurisdiction.
427 (2) In assessing if an applicant meets the requirements under Subsection (1)(b), the
428 board shall consider mitigating circumstances presented by an applicant.
429 (3) (a) An applicant for an agency license shall have:
430 (i) a minimum of 5,000 hours of investigative experience that consists of actual work
431 performed as a licensed private investigator, an investigator in the private sector, an
432 investigator for the federal government, or an investigator for a state, county, or municipal
433 government; or
434 (ii) if the applicant held a registrant license or an apprentice license under this chapter
435 on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists
436 of actual work performed as a licensed private investigator, an investigator in the private
437 sector, an investigator for the federal government, or an investigator for a state, county, or
438 municipal government.
439 (b) An applicant for a registrant license shall have a minimum of 2,000 hours of
440 investigative experience that consists of actual investigative work performed as a licensed
441 private investigator, an investigator in the private sector, an investigator for the federal
442 government, an investigator for a state, county, or municipal government, or a process server.
443 (c) At least 1,000 hours of the investigative experience required under this Subsection
444 (3) shall have been performed within 10 years immediately prior to the application.
445 (d) An applicant shall substantiate investigative work experience required under this
446 Subsection (3) by providing:
447 (i) the exact details as to the character and nature of the investigative work on a form
448 prescribed by the bureau and certified by the applicant's employers; or
449 (ii) if the applicant is applying for the reinstatement of an agency license, internal
450 records of the applicant that demonstrate the investigative work experience requirement has
451 previously been met.
452 (e) (i) The applicant shall prove completion of the investigative experience required
453 under this Subsection (3) to the satisfaction of the board and the board may independently
454 verify the certification offered on behalf of the applicant.
455 (ii) The board may independently confirm the claimed investigative experience and the
456 verification of the applicant's employers.
457 (4) An applicant for an apprentice license, lacking the investigative experience required
458 for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall
459 complete an apprentice application.
460 (5) An applicant for an agency or registrant license may receive credit toward the hours
461 of investigative experience required under Subsection (3) as follows:
462 (a) an applicant may receive credit for 2,000 hours of investigative experience if the
463 applicant:
464 (i) has an associate's degree in criminal justice or police science from an accredited
465 college or university; or
466 (ii) is certified as a peace officer; and
467 (b) an applicant may receive credit for 4,000 hours of investigative experience if the
468 applicant has a bachelor's degree in criminal justice or police science from an accredited
469 college or university.
470 (6) The board shall determine if the applicant may receive credit under Subsection (5)
471 toward the investigative and educational experience requirements under Subsection (3).
472 Section 6. Section 63G-4-107 is amended to read:
473 63G-4-107. Petition to remove agency action from public access.
474 (1) An individual may petition the agency that maintains, on a state-controlled website
475 available to the public, a record of administrative disciplinary action, to remove the record of
476 administrative disciplinary action from public access on the state-controlled website, if:
477 (a) (i) five years have passed since:
478 (A) the date the final order was issued; or
479 (B) if no final order was issued, the date the administrative disciplinary action was
480 commenced; or
481 (ii) the individual has obtained a criminal expungement order under [
482
483 individual's criminal records related to the same incident or conviction upon which the
484 administrative disciplinary action was based;
485 (b) the individual has successfully completed all action required by the agency relating
486 to the administrative disciplinary action within the time frame set forth in the final order, or if
487 no time frame is specified in the final order, within the time frame set forth in Title 63G,
488 Chapter 4, Administrative Procedures Act;
489 (c) from the time that the original administrative disciplinary action was filed, the
490 individual has not violated the same statutory provisions or administrative rules related to those
491 statutory provisions that resulted in the original administrative disciplinary action; and
492 (d) the individual pays an application fee determined by the agency in accordance with
493 Section 63J-1-504.
494 (2) The individual petitioning the agency under Subsection (1) shall provide the agency
495 with a written request containing the following information:
496 (a) the petitioner's full name, address, telephone number, and date of birth;
497 (b) the information the petitioner seeks to remove from public access; and
498 (c) an affidavit certifying that the petitioner is in compliance with the provisions of
499 Subsection (1).
500 (3) Within 30 days of receiving the documents and information described in
501 Subsection (2):
502 (a) the agency shall review the petition and all documents submitted with the petition
503 to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
504 (b) if the agency determines that the petitioner has met the requirements of Subsections
505 (1) and (2), the agency shall immediately remove the record of administrative disciplinary
506 action from public access on the state-controlled website.
507 (4) Notwithstanding the provisions of Subsection (3), an agency is not required to
508 remove a recording, written minutes, or other electronic information from the Utah Public
509 Notice Website, created under Section 63A-16-601, if the recording, written minutes, or other
510 electronic information is required to be available to the public on the Utah Public Notice
511 Website under the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
512 Section 7. Section 76-3-402 is amended to read:
513 76-3-402. Conviction of lower degree of offense -- Procedure and limitations.
514 (1) As used in this section:
515 (a) "Lower degree of offense" includes an offense for which:
516 (i) a statutory enhancement is charged in the information or indictment that would
517 increase either the maximum or the minimum sentence; and
518 (ii) the court removes the statutory enhancement in accordance with this section.
519 (b) "Minor regulatory offense" means the same as that term is defined in Section
520 77-40a-101.
521 (c) (i) "Rehabilitation program" means a program designed to reduce criminogenic and
522 recidivism risks.
523 (ii) "Rehabilitation program" includes:
524 (A) a domestic violence treatment program, as that term is defined in Section
525 62A-2-101;
526 (B) a residential, vocational, and life skills program, as that term is defined in Section
527 13-53-102;
528 (C) a substance abuse treatment program, as that term is defined in Section 62A-2-101;
529 (D) a substance use disorder treatment program, as that term is defined in Section
530 62A-2-101;
531 (E) a youth program, as that term is defined in Section 62A-2-101;
532 (F) a program that meets the standards established by the Department of Corrections
533 under Section 64-13-25;
534 (G) a drug court, a veterans court, or a mental health court certified by the Judicial
535 Council; or
536 (H) a program that is substantially similar to a program described in Subsections
537 (1)(c)(ii)(A) through (G).
538 (d) "Serious offense" means a felony or misdemeanor offense that is not a minor
539 regulatory offense or a traffic offense.
540 (e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
541 (f) (i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
542 that term is defined in Section 76-3-203.5.
543 (ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
544 conspiracy to commit an offense, for:
545 (A) the possession, use, or removal of explosive, chemical, or incendiary devices under
546 Subsection 76-10-306(3), (5), or (6); or
547 (B) the purchase or possession of a dangerous weapon or handgun by a restricted
548 person under Section 76-10-503.
549 (2) The court may enter a judgment of conviction for a lower degree of offense than
550 established by statute and impose a sentence at the time of sentencing for the lower degree of
551 offense if the court:
552 (a) takes into account:
553 (i) the nature and circumstances of the offense of which the defendant was found
554 guilty; and
555 (ii) the history and character of the defendant;
556 (b) gives any victim present at the sentencing and the prosecuting attorney an
557 opportunity to be heard; and
558 (c) concludes that the degree of offense established by statute would be unduly harsh to
559 record as a conviction on the record for the defendant.
560 (3) Upon a motion from the prosecuting attorney or the defendant, the court may enter
561 a judgment of conviction for a lower degree of offense than established by statute:
562 (a) after the defendant is successfully discharged from probation or parole for the
563 conviction; and
564 (b) if the court finds that entering a judgment of conviction for a lower degree of
565 offense is in the interest of justice in accordance with Subsection (7).
566 (4) Upon a motion from the prosecuting attorney or the defendant, the court may enter
567 a judgment of conviction for a lower degree of offense than established by statute if:
568 (a) the defendant's probation or parole for the conviction did not result in a successful
569 discharge but the defendant is successfully discharged from probation or parole for a
570 subsequent conviction of an offense;
571 (b) (i) at least five years have passed after the day on which the defendant is sentenced
572 for the subsequent conviction; or
573 (ii) at least three years have passed after the day on which the defendant is sentenced
574 for the subsequent conviction and the prosecuting attorney consents to the reduction;
575 (c) the defendant is not convicted of a serious offense during the time period described
576 in Subsection (4)(b);
577 (d) there are no criminal proceedings pending against the defendant;
578 (e) the defendant is not on probation, on parole, or currently incarcerated for any other
579 offense;
580 (f) if the offense for which the reduction is sought is a violent felony, the prosecuting
581 attorney consents to the reduction; and
582 (g) the court finds that entering a judgment of conviction for a lower degree of offense
583 is in the interest of justice in accordance with Subsection (7).
584 (5) Upon a motion from the prosecuting attorney or the defendant, the court may enter
585 a judgment of conviction for a lower degree of offense than established by statute if:
586 (a) the defendant's probation or parole for the conviction did not result in a successful
587 discharge but the defendant is successfully discharged from a rehabilitation program;
588 (b) at least three years have passed after the day on which the defendant is successfully
589 discharged from the rehabilitation program;
590 (c) the defendant is not convicted of a serious offense during the time period described
591 in Subsection (5)(b);
592 (d) there are no criminal proceedings pending against the defendant;
593 (e) the defendant is not on probation, on parole, or currently incarcerated for any other
594 offense;
595 (f) if the offense for which the reduction is sought is a violent felony, the prosecuting
596 attorney consents to the reduction; and
597 (g) the court finds that entering a judgment of conviction for a lower degree of offense
598 is in the interest of justice in accordance with Subsection (7).
599 (6) Upon a motion from the prosecuting attorney or the defendant, the court may enter
600 a judgment of conviction for a lower degree of offense than established by statute if:
601 (a) at least five years have passed after the day on which the defendant's probation or
602 parole for the conviction did not result in a successful discharge;
603 (b) the defendant is not convicted of a serious offense during the time period described
604 in Subsection (6)(a);
605 (c) there are no criminal proceedings pending against the defendant;
606 (d) the defendant is not on probation, on parole, or currently incarcerated for any other
607 offense;
608 (e) if the offense for which the reduction is sought is a violent felony, the prosecuting
609 attorney consents to the reduction; and
610 (f) the court finds that entering a judgment of conviction for a lower degree of offense
611 is in the interest of justice in accordance with Subsection (7).
612 (7) In determining whether entering a judgment of a conviction for a lower degree of
613 offense is in the interest of justice under Subsection (3), (4), (5), or (6):
614 (a) the court shall consider:
615 (i) the nature, circumstances, and severity of the offense for which a reduction is
616 sought;
617 (ii) the physical, emotional, or other harm that the defendant caused any victim of the
618 offense for which the reduction is sought; and
619 (iii) any input from a victim of the offense; and
620 (b) the court may consider:
621 (i) any special characteristics or circumstances of the defendant, including the
622 defendant's criminogenic risks and needs;
623 (ii) the defendant's criminal history;
624 (iii) the defendant's employment and community service history;
625 (iv) whether the defendant participated in a rehabilitative program and successfully
626 completed the program;
627 (v) any effect that a reduction would have on the defendant's ability to obtain or
628 reapply for a professional license from the Department of Commerce;
629 (vi) whether the level of the offense has been reduced by law after the defendant's
630 conviction;
631 (vii) any potential impact that the reduction would have on public safety; or
632 (viii) any other circumstances that are reasonably related to the defendant or the
633 offense for which the reduction is sought.
634 (8) (a) A court may only enter a judgment of conviction for a lower degree of offense
635 under Subsection (3), (4), (5), or (6) after:
636 (i) notice is provided to the other party;
637 (ii) reasonable efforts have been made by the prosecuting attorney to provide notice to
638 any victims; and
639 (iii) a hearing is held if a hearing is requested by either party.
640 (b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
641 judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), or (6).
642 (c) In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the
643 motion, the moving party has the burden to provide evidence sufficient to demonstrate that the
644 requirements under Subsection (3), (4), (5), or (6) are met.
645 (d) If a defendant files a motion under this section, the prosecuting attorney shall
646 respond to the motion within 35 days after the day on which the motion is filed with the court.
647 (9) A court has jurisdiction to consider and enter a judgment of conviction for a lower
648 degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the defendant is
649 committed to jail as a condition of probation or is sentenced to prison.
650 (10) (a) An offense may be reduced only one degree under this section, unless the
651 prosecuting attorney specifically agrees in writing or on the court record that the offense may
652 be reduced two degrees.
653 (b) An offense may not be reduced under this section by more than two degrees.
654 (11) This section does not preclude an individual from obtaining or being granted an
655 expungement of the individual's record in accordance with [
656
657 (12) The court may not enter a judgment for a conviction for a lower degree of offense
658 under this section if:
659 (a) the reduction is specifically precluded by law; or
660 (b) any unpaid balance remains on court-ordered restitution for the offense for which
661 the reduction is sought.
662 (13) When the court enters a judgment for a lower degree of offense under this section,
663 the actual title of the offense for which the reduction is made may not be altered.
664 (14) (a) An individual may not obtain a reduction under this section of a conviction
665 that requires the individual to register as a sex offender until the registration requirements
666 under Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired.
667 (b) An individual required to register as a sex offender for the individual's lifetime
668 under Subsection 77-41-105(3)(c) may not be granted a reduction of the conviction for the
669 offense or offenses that require the individual to register as a sex offender.
670 (15) (a) An individual may not obtain a reduction under this section of a conviction
671 that requires the individual to register as a child abuse offender until the registration
672 requirements under Title 77, Chapter 43, Child Abuse Offender Registry, have expired.
673 (b) An individual required to register as a child abuse offender for the individual's
674 lifetime under Subsection 77-43-105(3)(c) may not be granted a reduction of the conviction for
675 the offense or offenses that require the individual to register as a child abuse offender.
676 Section 8. Section 77-2-2.3 is amended to read:
677 77-2-2.3. Reducing the level of an offense.
678 (1) Notwithstanding any other provision of law, a prosecuting attorney may:
679 (a) present and file an information charging an individual for an offense under
680 Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a
681 classification of the offense at one degree lower than the classification that is provided in
682 statute if the prosecuting attorney believes that the sentence would be disproportionate to the
683 offense because there are special circumstances relating to the offense; or
684 (b) subject to the approval of the court, amend an information, as part of a plea
685 agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through
686 (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one
687 degree lower than the classification that is provided in statute.
688 (2) A court may:
689 (a) enter a judgment of conviction for an offense filed under Subsection (1) at one
690 degree lower than classified in statute; and
691 (b) impose a sentence for the offense filed under Subsection (1) at one degree lower
692 than classified in statute.
693 (3) A conviction of an offense at one degree lower than classified in statute under
694 Subsection (2) does not affect the requirements for registration of the offense under Title 77,
695 Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender
696 Registry, if the elements of the offense for which the defendant is convicted are the same as the
697 elements of an offense described in Section 77-41-102 or 77-43-102.
698 (4) This section does not preclude an individual from obtaining and being granted an
699 expungement for the individual's record in accordance with [
700
701 Section 9. Section 77-27-5.1 is amended to read:
702 77-27-5.1. Board authority to order expungement.
703 (1) Upon granting a pardon, the board shall issue an expungement order, directing any
704 criminal justice agency to remove the recipient's identifying information relating to the
705 expunged convictions from its records.
706 (a) When a pardon has been granted, employees of the Board of Pardons and Parole
707 may not divulge any identifying information regarding the pardoned person to any person or
708 agency, except for the pardoned person.
709 (b) The Bureau of Criminal Identification may not count pardoned convictions against
710 any future expungement eligibility.
711 (2) An expungement order, issued by the board, has at least the same legal effect and
712 authority as an order of expungement issued by a court, pursuant to [
713
714 (3) The board shall provide clear written directions to the recipient along with a list of
715 agencies known to be affected by the expungement order.
716 Section 10. Section 77-40a-101 is amended to read:
717
718 77-40a-101. Definitions.
719 As used in this chapter:
720 (1) "Agency" means a state, county, or local government entity that generates or
721 maintains records relating to an investigation, arrest, detention, or conviction for an offense for
722 which expungement may be ordered.
723 (2) "Automatic expungement" means the expungement of records of an investigation,
724 arrest, detention, or conviction of an offense without the filing of a petition.
725 [
726 Public Safety established in Section 53-10-201.
727 [
728 the criminal record and all records of arrest, investigation, and detention associated with a case
729 that is the subject of a petition for expungement is eligible for expungement.
730 (5) "Civil accounts receivable" means the same as that term is defined in Section
731 77-32b-102.
732 (6) "Civil judgment of restitution" means the same as that term is defined in Section
733 77-32b-102.
734 (7) "Clean slate eligible case" means a case that is eligible for automatic expungement
735 under Section 77-40a-205.
736 (8) "Court" means a district court or a justice court.
737 (9) "Criminal accounts receivable" means the same as that term is defined in Section
738 77-32b-102.
739 [
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793
794 [
795 guilty after trial, a plea of guilty, or a plea of nolo contendere.
796 [
797 78B-7-102.
798 [
799 Section 78B-7-102.
800 [
801 53-1-103.
802 [
803 (a) Subsection 58-37-8(2), except:
804 (i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of
805 marijuana;
806 (ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional
807 facility; or
808 (iii) driving with a controlled substance illegally in the person's body and negligently
809 causing serious bodily injury or death of another, as codified before May 4, 2022,
810 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
811 (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
812 (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
813 (d) any local ordinance which is substantially similar to any of the offenses described
814 in this Subsection [
815 [
816 record held by an agency when the record includes a criminal investigation, detention, arrest, or
817 conviction.
818 [
819 territory, or possession of the United States or any foreign country.
820 [
821 [
822 (b) "Minor regulatory offense" includes:
823 (i) an offense under Section 76-9-701 or 76-10-105[
824 (ii) an offense under Title 76, Chapter 9, Part 3, Cruelty to Animals.
825 (c) "Minor regulatory offense" does not include:
826 (i) any drug possession offense;
827 (ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
828 Reckless Driving;
829 (iii) an offense under Sections 73-18-13 through 73-18-13.6;
830 (iv) except as provided in Subsection [
831 Criminal Code; or
832 (v) any local ordinance that is substantially similar to an offense listed in Subsections
833 [
834 [
835 chapter.
836 [
837 77-2a-1.
838 (20) "Special certificate" means a document issued as described in Subsection
839 77-40a-304(1)(c) by the bureau stating that the criminal record and all records of arrest,
840 investigation, and detention associated with a case that is the subject of a petition for
841 expungement is eligible for expungement.
842 [
843 (21)(b):
844 (i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
845 under Title 41, Chapter 6a, Traffic Code;
846 (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
847 under Title 53, Chapter 3, Part 2, Driver Licensing Act;
848 (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
849 under Title 73, Chapter 18, State Boating Act; and
850 (iv) all local ordinances that are substantially similar to an offense listed in Subsections
851 [
852 (b) "Traffic offense" does not mean:
853 (i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
854 Reckless Driving;
855 (ii) an offense under Sections 73-18-13 through 73-18-13.6; or
856 (iii) any local ordinance that is substantially similar to an offense listed in Subsection
857 [
858 [
859 offense.
860 Section 11. Section 77-40a-105 is amended to read:
861 77-40a-105. Eligibility for removing the link between personal identifying
862 information and court case dismissed.
863 (1) As used in this section:
864 (a) "Domestic violence offense" means the same as that term is defined in Section
865 77-36-1.
866 (b) "Personal identifying information" means:
867 (i) a current name, former name, nickname, or alias; and
868 (ii) date of birth.
869 (2) (a) An individual whose criminal case is dismissed[
870
871 may move the court for an order to remove the link between the individual's personal
872 identifying information from the dismissed case in any publicly searchable database of the Utah
873 state courts.
874 (b) If a motion is filed under Subsection (2)(a), the court shall grant the motion if:
875 (i) 30 days have passed from the day on which the case is dismissed [
876 (ii) no appeal is filed for the dismissed [
877 described in Subsection (2)(b)(i); and
878 (iii) no charge in the case was a domestic violence offense.
879 (3) Removing the link to personal identifying information of a court record under
880 Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
881 (4) A case history, unless expunged under this chapter, remains public and accessible
882 through a search by case number.
883 Section 12. Section 77-40a-201 is amended to read:
884
885 77-40a-201. General provisions for automatic expungement and deletion.
886 [
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958 [
959 expungement of records that are eligible for automatic expungement or deletion under this
960 section if an automatic expungement or deletion has not occurred pursuant to this section.
961 [
962 preclude a person from requesting access to expunged records in accordance with Section
963 77-40a-403 or 77-40a-404.
964 [
965 process for automatic expungement.
966 (b) The rules under Subsection [
967 (i) a presiding judge of a district court to issue an expungement order for any case
968 when the requirements for automatic expungement are met; and
969 (ii) a presiding judge of a justice court to issue an expungement order for any justice
970 court case within the presiding judge's judicial district when the requirements for automatic
971 expungement are met.
972 (4) An individual does not have a cause of action for damages as a result of the failure
973 to:
974 (a) identify an individual's case as eligible for automatic expungement or deletion
975 under this part; or
976 (b) automatically expunge or delete the records of a case that is eligible under this part.
977 Section 13. Section 77-40a-202 is amended to read:
978 77-40a-202. Automatic deletion for traffic offense.
979 (1) [
980 traffic offenses [
981 (a) a traffic offense case that resulted in an acquittal on all charges;
982 (b) a traffic offense case that is dismissed with prejudice, except for a case that is
983 dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
984 governed by Subsection 77-2a-3(2)(b); or
985 (c) a traffic offense case for which the following time periods have elapsed from the
986 day on which the case is adjudicated:
987 (i) at least five years for a class C misdemeanor or an infraction; or
988 (ii) at least six years for a class B misdemeanor.
989 (2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
990 on or after May 1, 2020, the court shall delete all records for the traffic offense upon
991 identification.
992 (3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
993 before May 1, 2020, the court shall delete all records for the traffic offense within one year of
994 the day on which the case is identified as eligible for deletion.
995 [
996
997 Section 14. Section 77-40a-202.1 is enacted to read:
998 77-40a-202.1. Automatic expungement of state records for a clean slate case.
999 (1) A court shall issue an order of expungement, without the filing of a petition, for all
1000 records of the case that are held by an agency if:
1001 (a) the case is eligible for expungement under this section; and
1002 (b) the prosecuting agency does not object to the expungement of the case as described
1003 in Subsection (6).
1004 (2) Except as otherwise provided in Subsection (3), a case is eligible for expungement
1005 under this section if:
1006 (a) (i) each conviction within the case is a conviction for:
1007 (A) a misdemeanor offense for possession of a controlled substance in violation of
1008 Subsection 58-37-8(2)(a)(i);
1009 (B) a class B misdemeanor offense;
1010 (C) a class C misdemeanor offense; or
1011 (D) an infraction; and
1012 (ii) the following time periods have passed after the day on which the individual is
1013 adjudicated:
1014 (A) at least five years for the conviction of a class C misdemeanor offense or an
1015 infraction;
1016 (B) at least six years for the conviction of a class B misdemeanor offense; or
1017 (C) at least seven years for the conviction of a class A misdemeanor offense for
1018 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); or
1019 (b) (i) the case is dismissed as a result of a successful completion of a plea in abeyance
1020 agreement governed by Subsection 77-2a-3(2)(b) or the case is dismissed without prejudice;
1021 (ii) each charge within the case is:
1022 (A) a misdemeanor offense for possession of a controlled substance in violation of
1023 Subsection 58-37-8(2)(a)(i);
1024 (B) a class B misdemeanor offense;
1025 (C) a class C misdemeanor offense; or
1026 (D) an infraction; and
1027 (iii) the following time periods have passed after the day on which the case is
1028 dismissed:
1029 (A) at least five years for a charge in the case for a class C misdemeanor offense or an
1030 infraction;
1031 (B) at least six years for a charge in the case for a class B misdemeanor offense; or
1032 (C) at least seven years for a charge in the case for a class A misdemeanor offense for
1033 possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
1034 (3) A case is not eligible for expungement under this section if:
1035 (a) the individual has a total number of convictions in courts of this state that exceed
1036 the limits under Subsection 77-40a-303(4) or (5) without taking into consideration:
1037 (i) the exception in Subsection 77-40a-303(7); or
1038 (ii) any infraction, traffic offense, or minor regulatory offense;
1039 (b) there is a criminal proceeding for a misdemeanor or felony offense pending in a
1040 court of this state against the individual, unless the proceeding is for a traffic offense;
1041 (c) the case resulted in the individual being found not guilty by reason of insanity;
1042 (d) the case establishes a criminal accounts receivable that:
1043 (i) has been entered as a civil accounts receivable or a civil judgment of restitution and
1044 transferred to the Office of State Debt Collection under Section 77-18-114; or
1045 (ii) has not been satisfied according to court records; or
1046 (e) the case resulted in a plea held in abeyance or a conviction for the following
1047 offenses:
1048 (i) any of the offenses listed in Subsection 77-40a-303(2)(a);
1049 (ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
1050 the Individual;
1051 (iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
1052 (iv) sexual battery in violation of Section 76-9-702.1;
1053 (v) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
1054 (vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
1055 and Reckless Driving;
1056 (vii) damage to or interruption of a communication device in violation of Section
1057 76-6-108;
1058 (viii) a domestic violence offense as defined in Section 77-36-1; or
1059 (ix) any other offense classified in the Utah Code as a felony or a class A misdemeanor
1060 other than a class A misdemeanor conviction for possession of a controlled substance in
1061 violation of Subsection 58-37-8(2)(a)(i).
1062 (4) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
1063 Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that
1064 appears to be eligible for automatic expungement under this section.
1065 (5) Within 35 days after the day on which the notice described in Subsection (4) is
1066 sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the
1067 Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic
1068 expungement for any of the following reasons:
1069 (a) the prosecuting agency believes that the case is not eligible for expungement under
1070 this section after reviewing the agency record;
1071 (b) the individual has not paid restitution to the victim as ordered by the court; or
1072 (c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
1073 individual involved in the case is continuing to engage in criminal activity within or outside of
1074 the state.
1075 (6) If a prosecuting agency provides written notice of an objection for a reason
1076 described in Subsection (5) within 35 days after the day on which the notice under Subsection
1077 (4) is sent, the court may not proceed with automatic expungement of the case.
1078 (7) If 35 days pass after the day on which the notice described in Subsection (4) is sent
1079 without the prosecuting agency providing written notice of an objection under Subsection (5),
1080 the court shall proceed with automatic expungement of the case.
1081 (8) If a court issues an order of expungement under Subsection (1), the court shall:
1082 (a) expunge all records of the case held by the court in accordance with Sections
1083 77-40a-204 and 77-40a-401; and
1084 (b) notify the bureau and the prosecuting agency identified in the case, based on
1085 information available to the court, of the order of expungement.
1086 Section 15. Section 77-40a-202.2 is enacted to read:
1087 77-40a-202.2. Automatic expungement of state records for a case resulting in an
1088 acquittal or dismissal with prejudice.
1089 (1) A court shall issue an order of expungement, without the filing of a petition, for all
1090 records of the case that are held by an agency if the case is eligible for expungement under this
1091 section.
1092 (2) Except as provided in Subsection (3), a case is eligible for expungement under this
1093 section if:
1094 (a) (i) the case resulted in an acquittal on all charges; and
1095 (ii) at least 60 days have passed after the day on which the case resulted in an acquittal;
1096 or
1097 (b) (i) the case is dismissed with prejudice; and
1098 (ii) at least 180 days have passed after the day on which:
1099 (A) for a case in which no appeal was filed, the entire case against the individual is
1100 dismissed with prejudice; or
1101 (B) for a case in which an appeal was filed, a court issues a final nonappealable order.
1102 (3) A case is not eligible for expungement under Subsection (2) if:
1103 (a) the case resulted in an acquittal because the individual is found not guilty by reason
1104 of insanity; or
1105 (b) the case is dismissed with prejudice as a result of successful completion of a plea in
1106 abeyance agreement governed by Subsection 77-2a-3(2)(b).
1107 (4) If a court issues an order of expungement under Subsection (1), the court shall:
1108 (a) expunge all records of the case held by the court as described in Sections
1109 77-40a-204 and 77-40a-401; and
1110 (b) notify the bureau and the prosecuting agency identified in the case, based on
1111 information available to the court, of the order of expungement.
1112 Section 16. Section 77-40a-203 is amended to read:
1113 77-40a-203. Time periods for expungement by a court.
1114 [
1115
1116 this part as quickly as is practicable with the goal of:
1117 [
1118 [
1119 2020, 60 days after the acquittal;
1120 [
1121 that is dismissed with prejudice as a result of successful completion of a plea in abeyance
1122 agreement governed by Subsection 77-2a-3(2)(b), on or after May 1, 2020, 180 days after:
1123 [
1124 against the individual is dismissed with prejudice; or
1125 [
1126 unappealable order;
1127 [
1128 after May 1, 2020, and that is not a traffic offense, within 30 days of the court[
1129
1130 satisfied under Section 77-40a-201.2; [
1131 [
1132
1133 [
1134 (4) expunging a case adjudicated or dismissed before May 1, 2020, within one year of
1135 the day on which the case is identified as eligible for automatic expungement [
1136 [
1137
1138
1139 [
1140
1141 [
1142
1143
1144 Section 17. Section 77-40a-204 is enacted to read:
1145 77-40a-204. Automatic expungement by an agency.
1146 (1) Upon receiving notice from a court of an expungement order under this part, the
1147 bureau shall notify all agencies affected by the expungement order.
1148 (2) For a case that resulted in an acquittal on all charges, was dismissed, or was
1149 adjudicated, before May 1, 2020, an agency shall expunge records for the case within one year
1150 after the day on which the agency receives notice from the bureau.
1151 (3) Notwithstanding Subsection (2), an agency is not required to expunge records for a
1152 case within one year if the defendant in the case is deceased.
1153 Section 18. Section 77-40a-301 is amended to read:
1154 77-40a-301. Requirements for expunging a criminal record -- Penalty for false or
1155 misleading information on application.
1156 (1) If an individual seeks to expunge the individual's criminal record in regard to an
1157 arrest, investigation, detention, or conviction, the individual shall:
1158 (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a
1159 certificate of eligibility for expungement of the criminal record and pay the application fee as
1160 described in Section 77-40a-304;
1161 (b) [
1162 provided in Subsection 77-40a-304(2), pay the issuance fee for the certificate of eligibility or
1163 special certificate as described in Section 77-40a-304 if the individual is eligible to receive a
1164 certificate of eligibility or special certificate; and
1165 (c) file a petition for expungement in accordance with Section 77-40a-305.
1166 (2) (a) An individual who intentionally or knowingly provides any false or misleading
1167 information to the bureau when applying for a certificate of eligibility is guilty of a class B
1168 misdemeanor and subject to prosecution under Section 76-8-504.6.
1169 (b) Regardless of whether the individual is prosecuted, the bureau may deny a
1170 certificate of eligibility to anyone who knowingly provides false information on an application.
1171 Section 19. Section 77-40a-303 is amended to read:
1172 77-40a-303. Requirements for a certificate of eligibility to expunge records of a
1173 conviction.
1174 (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
1175 certificate of eligibility from the bureau to expunge the records of a conviction if:
1176 (a) the petitioner has paid in full all fines and interest ordered by the court related to the
1177 conviction for which expungement is sought;
1178 (b) the petitioner has paid in full all restitution ordered by the court under Section
1179 77-38b-205; and
1180 (c) the following time periods have passed after the day on which the petitioner was
1181 convicted or released from incarceration, parole, or probation, whichever occurred last, for the
1182 conviction that the petitioner seeks to expunge:
1183 (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
1184 (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
1185 amount of a controlled substance in an individual's body and causing serious bodily injury or
1186 death, as codified before May 4, 2022, Laws of Utah 2021,
1187 Chapter 236, Section 1, Subsection 58-37-8(2)(g);
1188 (iii) seven years for the conviction of a felony;
1189 (iv) five years for the conviction of a drug possession offense that is a felony;
1190 (v) five years for the conviction of a class A misdemeanor;
1191 (vi) four years for the conviction of a class B misdemeanor; or
1192 (vii) three years for the conviction of a class C misdemeanor or infraction.
1193 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
1194 expunge the records of a conviction under Subsection (1) if:
1195 (a) except as provided in Subsection (3), the conviction for which expungement is
1196 sought is:
1197 (i) a capital felony;
1198 (ii) a first degree felony;
1199 (iii) a felony conviction of a violent felony as defined in Subsection
1200 76-3-203.5(1)(c)(i); or
1201 (iv) a felony conviction described in Subsection 41-6a-501(2);
1202 [
1203
1204 [
1205 (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
1206 the petitioner, unless the criminal proceeding is for a traffic offense;
1207 (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
1208 petitioner, unless the plea in abeyance is for a traffic offense;
1209 (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
1210 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
1211 offense;
1212 (e) the petitioner is required to register, at the time that the petition for expungement is
1213 filed, as a sex offender or kidnap offender under Chapter 41, Sex and Kidnap Offender
1214 Registry, or a child abuse offender under Title 43, Child Abuse Offender Registry, as a result of
1215 the conviction that the petitioner seeks to expunge;
1216 [
1217 information on the application for a certificate of eligibility;
1218 [
1219 for the case; or
1220 [
1221 petitioner ineligible for a certificate of eligibility under Subsection (4) or (5).
1222 (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
1223 defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
1224 offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
1225 a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
1226 Court.
1227 (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
1228 certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
1229 bureau determines that the petitioner's criminal history, including previously expunged
1230 convictions, contains any of the following:
1231 (a) two or more felony convictions other than for drug possession offenses, each of
1232 which is contained in a separate criminal episode;
1233 (b) any combination of three or more convictions other than for drug possession
1234 offenses that include two class A misdemeanor convictions, each of which is contained in a
1235 separate criminal episode;
1236 (c) any combination of four or more convictions other than for drug possession
1237 offenses that include three class B misdemeanor convictions, each of which is contained in a
1238 separate criminal episode; or
1239 (d) five or more convictions other than for drug possession offenses of any degree
1240 whether misdemeanor or felony, each of which is contained in a separate criminal episode.
1241 (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
1242 of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
1243 determines that the petitioner's criminal history, including previously expunged convictions,
1244 contains any of the following:
1245 (a) three or more felony convictions for drug possession offenses, each of which is
1246 contained in a separate criminal episode; or
1247 (b) any combination of five or more convictions for drug possession offenses, each of
1248 which is contained in a separate criminal episode.
1249 (6) If the petitioner's criminal history contains convictions for both a drug possession
1250 offense and a non-drug possession offense arising from the same criminal episode, the bureau
1251 shall count that criminal episode as a conviction under Subsection (4) if any non-drug
1252 possession offense in that episode:
1253 (a) is a felony or class A misdemeanor; or
1254 (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
1255 possession offense in that episode.
1256 (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
1257 on which the petitioner was convicted or released from incarceration, parole, or probation,
1258 whichever occurred last, for all convictions:
1259 (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased
1260 by one; and
1261 (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
1262 the highest level of convicted offense in the criminal episode is:
1263 (i) a class B misdemeanor;
1264 (ii) a class C misdemeanor;
1265 (iii) a drug possession offense if none of the non-drug possession offenses in the
1266 criminal episode are a felony or a class A misdemeanor; or
1267 (iv) an infraction.
1268 (8) When determining whether a petitioner is eligible for a certificate of eligibility
1269 under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
1270 prior conviction for:
1271 (a) an infraction;
1272 (b) a traffic offense;
1273 (c) a minor regulatory offense; or
1274 (d) a clean slate eligible case that was automatically expunged [
1275
1276 (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
1277 Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
1278 in accordance with Section 77-27-5.1.
1279 Section 20. Section 77-40a-304 is amended to read:
1280 77-40a-304. Certificate of eligibility process -- Issuance of certificate -- Fees.
1281 (1) (a) When a petitioner applies for a certificate of eligibility as described in
1282 Subsection 77-40a-301(1)[
1283 (i) the petitioner shall pay an application fee at the time the petitioner submits an
1284 application for a certificate of eligibility to the bureau; and
1285 (ii) the bureau shall perform a check of records of governmental agencies, including
1286 national criminal data bases, to determine whether the petitioner is eligible to receive a
1287 certificate of eligibility under this chapter.
1288 (b) For purposes of determining eligibility under this chapter, the bureau may review
1289 records of arrest, investigation, detention, and conviction that have been previously expunged,
1290 regardless of the jurisdiction in which the expungement occurred.
1291 [
1292 [
1293 [
1294
1295 [
1296
1297 [
1298
1299 [
1300 history file is unobtainable after reasonable research, the bureau may issue a special certificate
1301 giving determination of eligibility to the court, except that the bureau may not issue the special
1302 certificate if:
1303 (i) there is a criminal proceeding for a misdemeanor or felony offense pending against
1304 the petitioner, unless the criminal proceeding is for a traffic offense;
1305 (ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
1306 petitioner, unless the plea in abeyance is for a traffic offense; or
1307 (iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
1308 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
1309 offense.
1310 (2) (a) Once the eligibility process is complete, the bureau shall notify the petitioner.
1311 (b) If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303
1312 and the bureau determines that the issuance of a certificate of eligibility or special certificate is
1313 appropriate:
1314 (i) the bureau shall issue a certificate of eligibility or special certificate that is valid for
1315 a period of 180 days from the day on which the certificate is issued;
1316 (ii) the bureau shall provide a petitioner with an identification number for the
1317 certificate of eligibility or special certificate; and
1318 (iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for
1319 the issuance of a certificate of eligibility or special certificate.
1320 [
1321
1322 [
1323
1324 [
1325
1326
1327 [
1328 (3) The bureau shall issue a certificate of eligibility without requiring the payment of
1329 the issuance fee if the petitioner qualifies for a certificate of eligibility under Section
1330 77-40a-302 unless the charges were dismissed pursuant to a plea in abeyance agreement under
1331 Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2,
1332 Prosecution, Screening, and Diversion.
1333 [
1334
1335 [
1336 is needed for the court to issue a valid expungement order.
1337 [
1338 explain:
1339 (a) the process for a petition for expungement; and
1340 (b) what is required of the petitioner to complete the process for a petition for
1341 expungement.
1342 (6) The bureau shall charge application and issuance fees for a certificate of eligibility
1343 or special certificate in accordance with the process in Section 63J-1-504.
1344 (7) The department shall deposit funds generated by application and issuance fees
1345 under this section in the General Fund as a dedicated credit by the department to cover the
1346 costs incurred in determining eligibility.
1347 Section 21. Section 77-40a-305 is amended to read:
1348 77-40a-305. Petition for expungement -- Venue -- Prosecutorial responsibility --
1349 Hearing.
1350 (1) (a) The petitioner shall file a petition for expungement[
1351 42 of the Utah Rules of Criminal Procedure[
1352 (b) A petitioner shall include the identification number for the certificate of eligibility
1353 or special certificate described in Subsection [
1354 petition for expungement, unless the petitioner is not required to obtain a certificate of
1355 eligibility under Subsection (3) or (4).
1356 [
1357 reference to the identification number for the certificate of eligibility.
1358 (d) A petitioner shall bring a petition for expungement:
1359 (i) in the court where the criminal case was filed; or
1360 (ii) if charges were never filed, in the district court in the county in which the arrest
1361 occurred or the citation was issued.
1362 (2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
1363 obtain a certificate of eligibility or special certificate from the bureau.
1364 (b) A court may not accept a petition for expungement if the certificate of eligibility or
1365 special certificate is no longer valid as described in Subsection [
1366 77-40a-304(2)(b)(i).
1367 (3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
1368 of a traffic offense case without obtaining a certificate of eligibility if:
1369 (a) (i) for a traffic offense case with a class C misdemeanor or infraction, at least three
1370 years have passed after the day on which the [
1371 dismissed; or
1372 (ii) for a traffic offense case with a class B misdemeanor, at least four years have
1373 passed after the day on which the [
1374 (b) there is no traffic offense case pending against the petitioner;
1375 (c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
1376 and
1377 (d) the petitioner is not currently on probation for a traffic offense case.
1378 (4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
1379 a record for a conviction related to cannabis possession without a certificate of eligibility if the
1380 petition demonstrates that:
1381 (a) the petitioner had, at the time of the relevant arrest or citation leading to the
1382 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1383 (b) the possession of cannabis in question was in a form and an amount to medicinally
1384 treat the qualifying condition described in Subsection (4)(a).
1385 (5) (a) The court shall provide notice of a filing of a petition and certificate of
1386 eligibility or special certificate to the prosecutorial office that handled the court proceedings
1387 within three days after the day on which the petitioner's filing fee is paid or waived.
1388 (b) If there were no court proceedings, the court shall provide notice of a filing of a
1389 petition and certificate of eligibility or special certificate to the county attorney's office in the
1390 jurisdiction where the arrest occurred.
1391 (c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
1392 or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
1393 the arrest occurred shall immediately notify the city attorney's office that the county attorney's
1394 office has received a notice of a filing of a petition for expungement.
1395 (6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
1396 or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
1397 make a reasonable effort to provide notice to any victim of the conviction or charge.
1398 (b) The notice under Subsection (6)(a) shall:
1399 (i) include a copy of the petition, certificate of eligibility or special certificate, statutes,
1400 and rules applicable to the petition;
1401 (ii) state that the victim has a right to object to the expungement; and
1402 (iii) provide instructions for registering an objection with the court.
1403 (7) (a) The prosecuting attorney may respond to the petition by filing a
1404 recommendation or objection with the court within 35 days after the day on which the notice of
1405 the filing of the petition is sent by the court to the prosecuting attorney.
1406 (b) If there is a victim of the offense for which expungement is sought, the victim may
1407 respond to the petition by filing a recommendation or objection with the court within 60 days
1408 after the day on which the petition for expungement was filed with the court.
1409 (8) (a) The court may request a written response to the petition from the Division of
1410 Adult Probation and Parole within the Department of Corrections.
1411 (b) If requested, the response prepared by the Division of Adult Probation and Parole
1412 shall include:
1413 (i) the reasons probation was terminated; and
1414 (ii) certification that the petitioner has completed all requirements of sentencing and
1415 probation or parole.
1416 (c) The Division of Adult Probation and Parole shall provide a copy of the response to
1417 the petitioner and the prosecuting attorney.
1418 (9) The petitioner may respond in writing to any objections filed by the prosecuting
1419 attorney or the victim and the response prepared by the Division of Adult Probation and Parole
1420 within 14 days after the day on which the objection or response is received.
1421 (10) (a) If the court receives an objection concerning the petition from any party, the
1422 court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
1423 date set for the hearing.
1424 (b) The prosecuting attorney shall notify the victim of the date set for the hearing.
1425 (c) The petitioner, the prosecuting attorney, the victim, and any other person who has
1426 relevant information about the petitioner may testify at the hearing.
1427 (d) The court shall review the petition, the certificate of eligibility or special certificate,
1428 and any written responses submitted regarding the petition.
1429 (11) If no objection is received within 60 days from the day on which the petition for
1430 expungement is filed with the court, the expungement may be granted without a hearing.
1431 Section 22. Section 77-40a-306 is amended to read:
1432 77-40a-306. Order of expungement.
1433 (1) If a petition for expungement is filed in accordance with Section 77-40a-305, the
1434 court shall issue an order of expungement if the court finds, by clear and convincing evidence,
1435 that:
1436 [
1437
1438 [
1439 (a) except as provided in Subsection (1)(b) and Subsection 77-40a-305(3) or (4):
1440 (i) the certificate of eligibility is valid and contains the information needed for the court
1441 to issue an order for expungement; and
1442 (ii) the statutory requirements for expungement have been met;
1443 (b) if the petitioner obtained a special certificate from the bureau:
1444 (i) the special certificate is valid; and
1445 (ii) there is sufficient information in the petition for the court to determine that the
1446 statutory requirements for expungement have been met;
1447 (c) if the petitioner seeks expungement after a case is dismissed without prejudice or
1448 without condition, the prosecuting attorney provided written consent and has not filed and does
1449 not intend to refile related charges;
1450 (d) if the petitioner seeks expungement without a certificate of eligibility for
1451 expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis
1452 possession:
1453 (i) the petitioner had, at the time of the relevant arrest or citation leading to the
1454 conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
1455 (ii) the possession of cannabis in question was in a form and an amount to medicinally
1456 treat the qualifying condition described in Subsection (1)(d)(i);
1457 (e) if an objection is received, the petition for expungement is for a charge dismissed in
1458 accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
1459 for enhancement, there is good cause for the court to grant the expungement; and
1460 (f) the interests of the public would not be harmed by granting the expungement.
1461 (2) (a) If the court denies a petition described in Subsection (1)(c) because the
1462 prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
1463 eligibility if charges are not refiled within 180 days after the day on which the court denies the
1464 petition.
1465 (b) A prosecuting attorney who opposes an expungement of a case dismissed without
1466 prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
1467 (c) A court shall consider the number of times that good faith basis of intention to
1468 refile by the prosecuting attorney is presented to the court in making the court's determination
1469 to grant the petition for expungement described in Subsection (1)(c).
1470 (3) If the court grants a petition described in Subsection (1)(e), the court shall make the
1471 court's findings in a written order.
1472 [
1473
1474
1475 (4) If the court issues an order of expungement under this section, the court shall:
1476 (a) notify the bureau that the court has issued an order of expungement; and
1477 (b) provide the bureau with the order of expungement and all relevant information
1478 available to the court that the bureau will need to identify an expunged record.
1479 (5) (a) The petitioner may request certified copies of an order of expungement within
1480 28 days after the day on which the court issues an order of expungement.
1481 (b) If a petitioner makes a request under Subsection (5)(a), the court shall provide the
1482 petitioner with certified copies of the order of expungement.
1483 Section 23. Section 77-40a-403 is amended to read:
1484 77-40a-403. Retention and release of expunged records -- Agencies.
1485 [
1486 (1) (a) After receiving an order of expungement, the bureau shall keep, index, and
1487 maintain all expunged records of arrests and convictions.
1488 (b) [
1489 expungement shall develop and implement a process to identify and maintain an expunged
1490 record.
1491 (c) Subsection (1)(b) does not prevent an agency from maintaining or destroying a
1492 record in accordance with a retention schedule when the record is an expunged record.
1493 (d) An agency is not required to redact an expunged record, or a record referencing an
1494 expunged record, that pertains to more than one individual until the agency is required to
1495 release the record.
1496 (2) (a) An agency shall provide an individual who receives an expungement with
1497 written confirmation that the agency has expunged all records of the offense for which the
1498 individual received the expungement if the individual requests confirmation from the agency.
1499 (b) The bureau may charge a fee for providing a written confirmation under Subsection
1500 (2)(a) in accordance with the process in Section 63J-1-504.
1501 (3) (a) An employee of the bureau, or any agency with an expunged record, may not
1502 divulge any information contained in the expunged record to any person or agency without a
1503 court order unless:
1504 (i) specifically authorized by [
1505 (ii) subject to Subsection (3)(b), the information in an expunged record is being shared
1506 with another agency through a records management system that both agencies use for the
1507 purpose of record management.
1508 (b) An agency with a records management system may not disclose any information in
1509 an expunged record [
1510 access to an expunged record, if that agency or person that does not use the records
1511 management system for the purpose of record management.
1512 (4) The following entities or agencies may receive information contained in expunged
1513 records upon specific request:
1514 (a) the Board of Pardons and Parole;
1515 (b) Peace Officer Standards and Training;
1516 (c) federal authorities if required by federal law;
1517 (d) the State Board of Education;
1518 (e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
1519 applicants for judicial office; and
1520 (f) a research institution or an agency engaged in research regarding the criminal justice
1521 system if:
1522 (i) the research institution or agency provides a legitimate research purpose for
1523 gathering information from the expunged records;
1524 (ii) the research institution or agency enters into a data sharing agreement with the
1525 court or agency with custody of the expunged records that protects the confidentiality of any
1526 identifying information in the expunged records;
1527 (iii) any research using expunged records does not include any individual's name or
1528 identifying information in any product of that research; and
1529 (iv) any product resulting from research using expunged records includes a disclosure
1530 that expunged records were used for research purposes.
1531 (5) Except as otherwise provided by this section or by court order, a person, an agency,
1532 or an entity authorized by this section to view expunged records may not reveal or release any
1533 information obtained from the expunged records to anyone outside the specific request,
1534 including distribution on a public website.
1535 (6) A prosecuting attorney may communicate with another prosecuting attorney, or
1536 another prosecutorial agency, regarding information in an expunged record that includes a
1537 conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
1538 agreement, for:
1539 (a) stalking as described in Section 76-5-106.5;
1540 (b) a domestic violence offense as defined in Section 77-36-1;
1541 (c) an offense that would require the individual to register as a sex offender, as defined
1542 in Section 77-41-102; or
1543 (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
1544 (7) Except as provided in Subsection (9), a prosecuting attorney may not use an
1545 expunged record for the purpose of a sentencing enhancement or as a basis for charging an
1546 individual with an offense that requires a prior conviction.
1547 (8) The bureau may also use the information in the bureau's index as provided in
1548 Section 53-5-704.
1549 (9) If an individual is charged with a felony, or an offense eligible for enhancement
1550 based on a prior conviction, after obtaining an order of expungement, the prosecuting attorney
1551 may petition the court in which the individual is charged to open the expunged records upon a
1552 showing of good cause.
1553 [
1554
1555
1556 (10) (a) For judicial sentencing, a court may order any records expunged under this
1557 chapter or Section 77-27-5.1 to be opened and admitted into evidence.
1558 (b) The records are confidential and are available for inspection only by the court,
1559 parties, counsel for the parties, and any other person who is authorized by the court to inspect
1560 them.
1561 (c) At the end of the action or proceeding, the court shall order the records expunged
1562 again.
1563 (d) Any person authorized by this Subsection (10) to view expunged records may not
1564 reveal or release any information obtained from the expunged records to anyone outside the
1565 court.
1566 (11) Records released under this chapter are classified as protected under Section
1567 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
1568 Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
1569 Section 24. Section 77-40a-404 is amended to read:
1570 77-40a-404. Confirmation of expungement -- Access to expunged records by
1571 individuals.
1572 (1) An individual who receives an expungement may request a written confirmation
1573 from an agency under Subsection 77-40a-403(2) to confirm that the agency has expunged all
1574 records of the offense for which the individual received the expungement.
1575 (2) The following individuals may view or obtain an expunged record under this
1576 chapter or Section 77-27-5.1:
1577 (a) the petitioner or an individual who receives an automatic expungement under
1578 [
1579 (b) a law enforcement officer, who was involved in the case, for use solely in the
1580 officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1581 that particular case; and
1582 (c) a party to a civil action arising out of the expunged incident if the information is
1583 kept confidential and utilized only in the action.
1584 Section 25. Section 77-41-109 is amended to read:
1585 77-41-109. Miscellaneous provisions.
1586 (1) (a) If an offender is to be temporarily sent on any assignment outside a secure
1587 facility in which the offender is confined on any assignment, including, without limitation,
1588 firefighting or disaster control, the official who has custody of the offender shall, within a
1589 reasonable time prior to removal from the secure facility, notify the local law enforcement
1590 agencies where the assignment is to be filled.
1591 (b) This Subsection (1) does not apply to any person temporarily released under guard
1592 from the institution in which the person is confined.
1593 (2) Notwithstanding [
1594 Expungement of Criminal Records, a person convicted of any offense listed in Subsection
1595 77-41-102(10) or (18) is not relieved from the responsibility to register as required under this
1596 section, unless the offender is removed from the registry under Section 77-41-112 or Section
1597 77-41-113.
1598 Section 26. Section 78A-6-350 (Superseded 07/01/24) is amended to read:
1599 78A-6-350 (Superseded 07/01/24). Venue -- Dismissal without adjudication on
1600 merits.
1601 (1) Notwithstanding Title 78B, Chapter 3, Part 3, Place of Trial -- Venue, a proceeding
1602 for a minor's case in the juvenile court shall be commenced in the court of the district in which:
1603 (a) except as provided in Section 80-6-1001.2, for a proceeding under Title 80, Chapter
1604 6, Juvenile Justice:
1605 (i) the minor is living or found; or
1606 (ii) the alleged offense occurred; or
1607 (b) for [
1608 (2) If a party seeks to transfer a case to another district after a petition has been filed in
1609 the juvenile court, the juvenile court may transfer the case in accordance with the Utah Rules of
1610 Juvenile Procedure.
1611 (3) The dismissal of a petition in one district where the dismissal is without prejudice
1612 and where there has been no adjudication upon the merits may not preclude refiling within the
1613 same district or another district where there is venue for the case.
1614 Section 27. Section 78A-6-350 (Effective 07/01/24) is amended to read:
1615 78A-6-350 (Effective 07/01/24). Venue -- Dismissal without adjudication on
1616 merits.
1617 (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a proceeding for a
1618 minor's case in the juvenile court shall be commenced in the court of the district in which:
1619 (a) except as provided in Section 80-6-1001.2, for a proceeding under Title 80, Chapter
1620 6, Juvenile Justice:
1621 (i) the minor is living or found; or
1622 (ii) the alleged offense occurred; or
1623 (b) for [
1624 (2) If a party seeks to transfer a case to another district after a petition has been filed in
1625 the juvenile court, the juvenile court may transfer the case in accordance with the Utah Rules of
1626 Juvenile Procedure.
1627 (3) The dismissal of a petition in one district where the dismissal is without prejudice
1628 and where there has been no adjudication upon the merits may not preclude refiling within the
1629 same district or another district where there is venue for the case.
1630 Section 28. Section 78A-7-106 is amended to read:
1631 78A-7-106. Jurisdiction.
1632 (1) (a) Except for an offense for which the district court has original jurisdiction under
1633 Subsection 78A-5-102(8) or an offense for which the juvenile court has original jurisdiction
1634 under Subsection 78A-6-103(1)(c), a justice court has original jurisdiction over class B and C
1635 misdemeanors, violation of ordinances, and infractions committed within the justice court's
1636 territorial jurisdiction by an individual who is 18 years old or older.
1637 (b) A justice court has original jurisdiction over the following offenses committed
1638 within the justice court's territorial jurisdiction by an individual who is 18 years old or older:
1639 (i) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
1640 Licensing Act; and
1641 (ii) class B and C misdemeanor and infraction violations of:
1642 (A) Title 23A, Wildlife Resources Act;
1643 (B) Title 41, Chapter 1a, Motor Vehicle Act;
1644 (C) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
1645 Under the Influence and Reckless Driving;
1646 (D) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
1647 Operators Act;
1648 (E) Title 41, Chapter 22, Off-highway Vehicles;
1649 (F) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
1650 (G) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
1651 (H) Title 73, Chapter 18b, Water Safety; and
1652 (I) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators
1653 Act.
1654 (2) Except for an offense for which the district court has exclusive jurisdiction under
1655 Section 78A-5-102.5 or an offense for which the juvenile court has exclusive jurisdiction under
1656 Section 78A-6-103.5, a justice court has original jurisdiction over the following offenses
1657 committed within the justice court's territorial jurisdiction by an individual who is 16 or 17
1658 years old:
1659 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
1660 Licensing Act; and
1661 (b) class B and C misdemeanor and infraction violations of:
1662 (i) Title 23A, Wildlife Resources Act;
1663 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
1664 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
1665 Under the Influence and Reckless Driving;
1666 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
1667 Operators Act;
1668 (v) Title 41, Chapter 22, Off-highway Vehicles;
1669 (vi) Title 73, Chapter 18, State Boating Act, except for an offense under Section
1670 73-18-12;
1671 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
1672 (viii) Title 73, Chapter 18b, Water Safety; and
1673 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
1674 Operators Act.
1675 (3) (a) As used in this Subsection (3), "body of water" includes any stream, river, lake,
1676 or reservoir, whether natural or man-made.
1677 (b) An offense is committed within the territorial jurisdiction of a justice court if:
1678 (i) conduct constituting an element of the offense or a result constituting an element of
1679 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
1680 itself unlawful;
1681 (ii) either an individual committing an offense or a victim of an offense is located
1682 within the court's jurisdiction at the time the offense is committed;
1683 (iii) either a cause of injury occurs within the court's jurisdiction or the injury occurs
1684 within the court's jurisdiction;
1685 (iv) an individual commits any act constituting an element of an inchoate offense
1686 within the court's jurisdiction, including an agreement in a conspiracy;
1687 (v) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
1688 individual in the planning or commission of an offense within the court's jurisdiction;
1689 (vi) the investigation of the offense does not readily indicate in which court's
1690 jurisdiction the offense occurred, and:
1691 (A) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
1692 passing within the court's jurisdiction;
1693 (B) the offense is committed on or in any body of water bordering on or within this
1694 state if the territorial limits of the justice court are adjacent to the body of water;
1695 (C) an individual who commits theft exercises control over the affected property within
1696 the court's jurisdiction; or
1697 (D) the offense is committed on or near the boundary of the court's jurisdiction;
1698 (vii) the offense consists of an unlawful communication that was initiated or received
1699 within the court's jurisdiction; or
1700 (viii) jurisdiction is otherwise specifically provided by law.
1701 (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
1702 transfer the case to the juvenile court for further proceedings if the justice court judge
1703 determines and the juvenile court concurs that the best interests of the defendant would be
1704 served by the continuing jurisdiction of the juvenile court.
1705 (5) [
1706 jurisdiction over:
1707 (a) a small claims case under Title 78A, Chapter 8, Small Claims Courts, if a defendant
1708 resides in or the debt arose within the territorial jurisdiction of the justice court[
1709 (b) a petition for expungement under Title 77, Chapter 40a, Expungement of Criminal
1710 Records.
1711 (6) (a) As used in this Subsection (6), "domestic violence offense" means the same as
1712 that term is defined in Section 77-36-1.
1713 (b) If a justice court has jurisdiction over a criminal action involving a domestic
1714 violence offense and the criminal action is set for trial, the prosecuting attorney or the
1715 defendant may file a notice of transfer in the justice court to transfer the criminal action from
1716 the justice court to the district court.
1717 (c) If a justice court receives a notice of transfer from the prosecuting attorney or the
1718 defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action
1719 to the district court.
1720 Section 29. Section 78A-7-209.5 is amended to read:
1721 78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers --
1722 Duties.
1723 (1) (a) In judicial districts having more than one justice court judge, the justice court
1724 judges shall elect one judge of the district to the office of presiding judge.
1725 (b) The presiding judge shall receive an additional $2,000 per annum as compensation
1726 from the Justice Court Technology, Security, and Training Account described in Section
1727 78A-7-301 for the period served as presiding judge.
1728 (2) (a) In judicial districts having more than two justice court judges, the justice court
1729 judges may elect one judge of the district to the office of associate presiding judge.
1730 (b) The associate presiding judge shall receive an additional $1,000 per annum as
1731 compensation from the Justice Court Technology, Security, and Training Account described in
1732 Section 78A-7-301 for the period served as associate presiding judge.
1733 (3) The presiding judge has the following authority and responsibilities, consistent with
1734 the policies of the Judicial Council:
1735 (a) working with each justice court judge in the district to implement policies and rules
1736 of the Judicial Council;
1737 (b) exercising powers and performing administrative duties as authorized by the
1738 Judicial Council;
1739 (c) if there is no other appointed justice court judge in that court available, assigning a
1740 justice court judge to hear a case in which a judge has been disqualified in accordance with
1741 rules of the Supreme Court;
1742 (d) if a justice court judge of the district cannot perform the justice court judge's duties
1743 in a case or cases due to illness, death, or other incapacity, and the governing body has not
1744 appointed a temporary justice court judge in accordance with Section 78A-7-208:
1745 (i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
1746 (ii) facilitating judicial coverage with the appointing municipal or county authority
1747 until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208,
1748 or a new justice court judge is formally appointed and takes office, in accordance with Section
1749 78A-7-202; and
1750 (e) entering orders of expungement in cases expunged in accordance with [
1751
1752 (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
1753 assume the responsibilities of the presiding judge.
1754 (b) The associate presiding judge shall perform other duties assigned by the presiding
1755 judge.
1756 Section 30. Section 78B-6-853 is amended to read:
1757 78B-6-853. Expungement by petition for eviction -- Venue -- Objection.
1758 (1) Any party to an eviction may petition the court to expunge all records of the
1759 eviction if:
1760 (a) the eviction was for:
1761 (i) remaining after the end of the lease as described in Subsection 78B-6-802(1)(a); or
1762 (ii) the nonpayment of rent as described in Subsection 78B-6-802(1)(c); and
1763 (b) any judgment for the eviction has been satisfied and a satisfaction of judgment has
1764 been filed for the judgment.
1765 (2) (a) A petitioner shall file a petition and provide notice to any other party to the
1766 eviction in accordance with the Utah Rules of Civil Procedure.
1767 (b) A petitioner shall bring a petition to expunge records of an eviction in the court that
1768 issued the order of restitution.
1769 (3) (a) Any party to the eviction may file a written objection to the petition with the
1770 court.
1771 (b) If the court receives a written objection to the petition, the court may not expunge
1772 the eviction.
1773 (4) Except as provided in Subsection (5), the court shall order expungement of all
1774 records of the eviction if the court does not receive a written objection within 60 days from the
1775 day on which the petition is filed.
1776 (5) A court may not expunge an eviction if the judgment for the eviction has not been
1777 satisfied.
1778 Section 31. Section 78B-7-1002.1 is enacted to read:
1779 78B-7-1002.1. Eligibility for removing the link between personal identifying
1780 information and court case dismissed.
1781 (1) As used in this section, "personal identifying information" means:
1782 (a) a current name, former name, nickname, or alias; and
1783 (b) date of birth.
1784 (2) If a civil order is sought against an individual and the court denies the civil order,
1785 the individual may move the court for an order to remove the link between the individual's
1786 personal identifying information from the dismissed case in any publicly searchable database of
1787 the Utah state courts.
1788 (3) If a motion is filed under Subsection (2), the court shall grant the motion if:
1789 (a) 30 days have passed from the day on which the case is denied; and
1790 (b) an appeal has not been filed in the denied case within the 30-day period described
1791 in Subsection (3)(a).
1792 (4) Removing the link to personal identifying information of a court record under
1793 Subsection (3) does not affect another agency's records.
1794 (5) A case history, unless expunged under this chapter, remains public and accessible
1795 through a search by case number.
1796 Section 32. Section 78B-7-1003 is amended to read:
1797 78B-7-1003. Requirements for expungement of protective order or stalking
1798 injunction -- Venue.
1799 (1) (a) An individual against whom a civil order is sought may petition the court to
1800 expunge records of the civil order.
1801 (b) A petitioner shall bring a petition for expungement under Subsection (1) in the
1802 court that issued the civil order.
1803 [
1804 (2) The petitioner shall file the petition for expungement under Subsection (1) in
1805 accordance with the Utah Rules of Civil Procedure.
1806 [
1807 against the petitioner in accordance with Rule 4 of the Utah Rules of Civil Procedure.
1808 (b) The individual who filed the civil order against the petitioner:
1809 (i) may file a written objection with the court within 30 days after the day on which the
1810 petition is received by the individual; and
1811 (ii) if the individual files a written objection, provide a copy of the written objection to
1812 the petitioner.
1813 (c) If the court receives a written objection to the petition for expungement of a civil
1814 order, the court shall:
1815 (i) set a date for a hearing on the petition;
1816 (ii) provide notice at least 30 days before the day on which the hearing is held to:
1817 (A) all parties of the civil order; and
1818 (B) any other person or agency that the court has reason to believe may have relevant
1819 information related to the expungement of the civil order.
1820 (d) The petitioner may respond, in writing, to any written objection within 14 days after
1821 the day on which the written objection is received by the court.
1822 [
1823 petition for expungement is filed under Subsection (1), the court may grant the expungement in
1824 accordance with Subsection [
1825 [
1826 stalking injunction if:
1827 (a) the ex parte civil protective order or the ex parte civil stalking injunction was issued
1828 but:
1829 (i) the ex parte civil protective order or the ex parte civil stalking injunction is
1830 dismissed, dissolved, or expired upon a hearing by the court;
1831 (ii) the court did not issue a civil protective order or a civil stalking injunction on the
1832 same circumstances for which the ex parte civil protective order or the ex parte civil stalking
1833 injunction was issued;
1834 (iii) at least 30 days have passed from the day on which the ex parte civil protective
1835 order or the ex parte civil stalking injunction was issued;
1836 (iv) the petitioner has not been arrested, charged, or convicted for violating the ex parte
1837 civil protective order or ex parte civil stalking injunction; and
1838 (v) there are no criminal proceedings pending against the petitioner in the state; or
1839 (b) (i) the individual who filed the ex parte civil protective order or the ex parte civil
1840 stalking injunction failed to appear for the hearing on the ex parte civil protective order or ex
1841 parte civil stalking injunction;
1842 (ii) at least 30 days have passed from the day on which the hearing on the ex parte civil
1843 protective order or the ex parte civil stalking injunction was set to occur, including any
1844 continuance, postponement, or rescheduling of the hearing;
1845 (iii) the petitioner has not been arrested, charged, or convicted for violating the ex parte
1846 civil protective order or ex parte civil stalking injunction; and
1847 (iv) there are no criminal proceedings pending against the petitioner in the state.
1848 [
1849 (a) the civil protective order or the civil stalking injunction has been dismissed,
1850 dissolved, vacated, or expired;
1851 (b) three years have passed from the day on which the civil protective order or the civil
1852 stalking injunction is dismissed, dissolved, vacated, or expired;
1853 (c) the petitioner has not been arrested, charged, or convicted for violating the civil
1854 protective order or the civil stalking injunction; and
1855 (d) there are no criminal proceedings pending against the petitioner in the state.
1856 Section 33. Section 80-6-1001.2 is enacted to read:
1857 80-6-1001.2. Venue for petition seeking expungement.
1858 Notwithstanding Section 78A-6-350 and Title 78A, Chapter 3a, Venue for Civil
1859 Actions, a petitioner shall bring a petition for expungement under this part:
1860 (1) in the court where the petition for delinquency was filed; or
1861 (2) if a petition for delinquency was never filed, in the juvenile court in the county in
1862 which the arrest occurred or the citation was issued.
1863 Section 34. Effective date.
1864 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
1865 (2) The actions affecting Section 78A-6-350 (Effective 07/01/24) take effect on July 1,
1866 2024.