2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1004.1 - Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.

Effective 10/1/2023
80-6-1004.1.
Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.
(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if:
(a) the individual was adjudicated for an offense in the juvenile court;
(b) the individual has reached 18 years old; and
(c) at least one year has passed from the day on which:
(i) the juvenile court's continuing jurisdiction was terminated; or
(ii) if the individual was committed to secure care, the individual was unconditionally released from the custody of the division.
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.
(3) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive:
(a) the age requirement under Subsection (1)(b) for a petition; or
(b) the one-year requirement under Subsection (1)(c) for a petition.
(4)
(a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court shall:
(i) set a date for a hearing; and
(ii) at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile record:
(A) that the petition has been filed; and
(B) of the date of the hearing.
(b)
(i) The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1).
(ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice of the petition at least 30 days before the day on which the hearing is scheduled if, before the day on which an expungement order is made, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the juvenile court in the judicial district in which the offense occurred or judgment is entered.
(iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition and any statutes and rules applicable to the petition.
(c) At the hearing, the prosecuting attorney, a victim, and any other individual who may have relevant information about the petitioner may testify.
(d) The juvenile court may waive the hearing for the petition if:
(i)
(A) there is no victim; or
(B) if there is a victim, the victim agrees to the waiver; and
(ii) the prosecuting attorney agrees to the waiver.
(5)
(a) Except as provided in Subsection (6), the juvenile court may grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in accordance with Subsection (5)(b).
(b) In deciding whether to grant a petition described in Subsection (1), the juvenile court shall consider:
(i) whether expungement of the petitioner's juvenile record is in the best interest of the petitioner;
(ii) the petitioner's response to programs and treatment;
(iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
(iv) the petitioner's behavior subsequent to adjudication;
(v) the petitioner's reason for seeking expungement of the petitioner's juvenile record; and
(vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or (b)(iii):
(A) whether the offense for which the petitioner is a restricted person was committed with a weapon;
(B) whether expungement of the petitioner's juvenile record poses an unreasonable risk to public safety; and
(C) the amount of time that has passed since the adjudication of the offense for which the petitioner is a restricted person.
(6) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if:
(a) the petitioner has been convicted of a violent felony within five years before the day on which the petition for expungement is filed;
(b) there are delinquency or criminal proceedings pending against the petitioner;
(c) the petitioner has not satisfied a judgment of restitution entered by the juvenile court for an adjudication in the petitioner's juvenile record;
(d) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record; or
(e) the petitioner's juvenile record contains an adjudication for a violation of:
(i) Section 76-5-202, aggravated murder; or
(ii) Section 76-5-203, murder.
Enacted by Chapter 115, 2023 General Session