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(1)(a) Except as provided in Subsection (4), an individual who has been adjudicated by a juvenile court may petition the juvenile court for an order to expunge the individual's juvenile court record and any related records in the custody of an agency if:
(i) the individual has reached 18 years old; and
(ii) at least one year has passed from the date of:
(A) termination of the continuing jurisdiction of the juvenile court; or
(B) the individual's unconditional release from the custody of the division if the individual was committed to secure care.
(b) The juvenile court may waive the requirements in Subsection (1)(a) if the juvenile court finds, and states on the record, the reason why the waiver is appropriate.
(c) The petitioner shall include in the petition described in Subsection (1)(a):
(i) any agency known or alleged to have any records related to the offense for which expungement is being sought; and
(ii) the original criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.
(d) The petitioner shall send a copy of the petition described in Subsection (1)(a) to the county attorney or, if within a prosecution district, the district attorney.
(e)(i) Upon the filing of a petition described in Subsection (1)(a), the juvenile court shall:
(A) set a date for a hearing;
(B) notify the county attorney or district attorney and the agency with custody of the records at least 30 days before the day on which the hearing of the pendency of the petition is scheduled; and
(C) notify the county attorney or district attorney and the agency with records that the petitioner is asking the court to expunge of the date of the hearing.
(ii)(A) The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1)(a).
(B) Upon the victim's request under Subsection (1)(e)(ii)(A), 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, 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 juvenile court in the judicial district in which the offense occurred or judgment is entered.
(C) The notice described in Subsection (1)(e)(ii)(B) shall include a copy of the petition described in Subsection (1)(a) and any statutes and rules applicable to the petition.
(2)(a) At the hearing described in Subsection (1)(e)(i), the county attorney or district attorney, a victim, and any other individual who may have relevant information about the petitioner may testify.
(b) In deciding whether to grant a petition described in Subsection (1)(a) for expungement, the juvenile court shall consider whether the rehabilitation of the petitioner has been attained to the satisfaction of the juvenile court, including the petitioner's response to programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature and seriousness of the conduct.
(c)(i) Except as provided in Subsection (2)(c)(ii), a juvenile court may order expunged all of the petitioner's records under the control of the juvenile court and an agency or an official if the juvenile court finds that:
(A) the petitioner has not, in the five years preceding the day on which the petition described in Subsection (1)(a) is filed, been convicted of a violent felony;
(B) there are no delinquency or criminal proceedings pending against the petitioner; and
(C) a judgment for restitution entered by the juvenile court on the adjudication for which the expungement is sought has been satisfied.
(ii) A court may not order the Division of Child and Family Services to seal a petitioner's record that is contained in the Management Information System created in Section 62A-4a-1003 or the Licensing Information System created in Section 62A-4a-1005 unless:
(A) the record is unsupported; or
(B) after notice and an opportunity to be heard, the Division of Child and Family Services stipulates in writing to sealing the record.
(3)(a) The petitioner is responsible for service of the expungement order issued under Subsection (2) to any affected agency or official.
(b) To avoid destruction or sealing of the records in whole or in part, the agency or the official receiving the expungement order described in Subsection (3)(a) shall only expunge all references to the petitioner's name in the records pertaining to the petitioner's juvenile court record.
(4)(a) The juvenile court may not expunge a record if the record contains an adjudication of:
(i) Section 76-5-202, aggravated murder; or
(ii) Section 76-5-203, murder.
(b) This section does not apply to an adjudication under Part 3, Abuse, Neglect, and Dependency Proceedings, Part 5, Termination of Parental Rights Act, or Part 14, Restoration of Parental Rights Act.
Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-6-1004. Requirements to apply to expunge an adjudication - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-6-1004/
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