UT Code § 80-6-1002 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 6 - Juvenile Justice|Part 10 - Juvenile Records and Expungement|Section 1002 - Vacatur of adjudications.

 Effective 9/1/2021  80-6-1002. Vacatur of adjudications.    (1)   (a) An individual who has been adjudicated under this chapter may petition the juvenile court for vacatur of the individual's juvenile court records and any related records in the custody of an agency if the record relates to:   (i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or     (ii) an adjudication that was based on an offense that the petitioner engaged in while subject to force, fraud, or coercion, as defined in Section 76-5-308.       (b) The petitioner shall include in the petition the relevant juvenile court incident number and any agencies known or alleged to have any documents related to the offense for which vacatur is being sought.     (c) The petitioner shall include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of Section 53-10-108.     (d) The petitioner shall send a copy of the petition to the county attorney or, if within a prosecution district, the district attorney.       (2)   (a) Upon the filing of a petition, the juvenile court shall:   (i) set a date for a hearing;     (ii) notify the county attorney or district attorney and the agency with custody of the records at least 30 days prior to the hearing of the pendency of the petition; and     (iii) notify the county attorney or district attorney and the agency with records the petitioner is asking the juvenile court to vacate of the date of the hearing.       (b)   (i) The juvenile court shall provide a victim with the opportunity to request notice of a petition for vacatur.     (ii) A victim shall receive notice of a petition for vacatur at least 30 days before the hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who is incapacitated or deceased, the victim's next of kin or authorized representative, submits a written and signed request for notice to the court in the judicial district in which the crime occurred or judgment was entered.     (iii) The notice shall include a copy of the petition and statutes and rules applicable to the petition.         (3)   (a) At the hearing the petitioner, the county attorney or district attorney, a victim, and any other person who may have relevant information about the petitioner may testify.     (b)   (i) In deciding whether to grant a petition for vacatur, the juvenile court shall consider whether the petitioner acted subject to force, fraud, or coercion, as defined in Section 76-5-308, at the time of the conduct giving rise to the adjudication.     (ii)   (A) If the juvenile court finds by a preponderance of the evidence that the petitioner was subject to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur.     (B) If the court does not find sufficient evidence, the juvenile court shall deny vacatur.       (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313, the juvenile court shall presumptively grant vacatur unless the petitioner acted as a purchaser of any sexual activity.       (c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's records under the control of the juvenile court and any of the petitioner's records under the control of any other agency or official pertaining to the incident identified in the petition, including relevant related records contained in the Management Information System created by Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005.       (4)   (a) The petitioner shall be responsible for service of the order of vacatur to all affected state, county, and local entities, agencies, and officials.     (b) To avoid destruction or sealing of the records in whole or in part, the agency or entity receiving the vacatur order shall only vacate all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident.       (5)   (a) Upon the entry of vacatur, the proceedings in the incident identified in the petition shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter.     (b) Inspection of the records may thereafter only be permitted by the juvenile court upon petition by the individual who is the subject of the records, and only to persons named in the petition.       (6) The juvenile court may not vacate a juvenile court record if the record contains an adjudication of:   (a) Section 76-5-202, aggravated murder; or     (b) Section 76-5-203, murder.      Renumbered and Amended by Chapter 261, 2021 General Session