78A-6-1105 - Expungement of juvenile court record -- Petition -- Procedure.
78A-6-1105. Expungement of juvenile court record -- Petition -- Procedure.
(1) (a) A person who has been adjudicated under this chapter may petition the court forthe expungement of the person's juvenile court record and any related records in the custody of astate agency, if:
(i) the person has reached 18 years of age; and
(ii) one year has elapsed from the date of termination of the continuing jurisdiction of thejuvenile court or, if the person was committed to a secure youth corrections facility, one yearfrom the date of the person's unconditional release from the custody of the Division of JuvenileJustice Services.
(b) The court may waive the requirements in Subsection (1)(a), if the court finds, andstates on the record, the reason why the waiver is appropriate.
(c) The petitioner shall include in the petition any agencies known or alleged to have anydocuments related to the offense for which expungement is being sought.
(d) The petitioner shall include with the petition the original criminal history reportobtained from the Bureau of Criminal Identification in accordance with the provisions ofSubsection 53-10-108(8).
(e) The petitioner shall send a copy of the petition to the county attorney or, if within aprosecution district, the district attorney.
(f) (i) Upon the filing of a petition, the court shall:
(A) set a date for a hearing;
(B) notify the county attorney or district attorney, and the agency with custody of therecords at least 30 days prior to the hearing of the pendency of the petition; and
(C) notify the county attorney or district attorney, and the agency with records thepetitioner is asking the court to expunge of the date of the hearing.
(ii) The court shall provide a victim with the opportunity to request notice of a petitionfor expungement. A victim shall receive notice of a petition for expungement at least 30 daysprior to the hearing if, prior to the entry of an expungement order, the victim or, in the case of achild or a person who is incapacitated or deceased, the victim's next of kin or authorizedrepresentative, submits a written and signed request for notice to the court in the judicial districtin which the crime occurred or judgment was entered. The notice shall include a copy of thepetition and statutes and rules applicable to the petition.
(2) (a) At the hearing, the county attorney or district attorney, a victim, and any otherperson who may have relevant information about the petitioner may testify.
(b) In deciding whether to grant a petition for expungement, the court shall considerwhether the rehabilitation of the petitioner has been attained to the satisfaction of the court,taking into consideration the petitioner's response to programs and treatment, the petitioner'sbehavior subsequent to adjudication, and the nature and seriousness of the conduct.
(c) The court may order sealed all petitioner's records under the control of the juvenilecourt and any of petitioner's records under the control of any other agency or official pertaining tothe petitioner's adjudicated juvenile court cases, including relevant related records contained inthe Management Information System created by Section 62A-4a-1003 and the LicensingInformation System created by Section 62A-4a-1005, if the court finds that:
(i) the petitioner has not, since the termination of the court's jurisdiction or hisunconditional release from the Division of Juvenile Justice Services, been convicted of a:
(A) felony; or
(B) misdemeanor involving moral turpitude;
(ii) no proceeding involving a felony or misdemeanor is pending or being institutedagainst the petitioner; and
(iii) a judgment for restitution entered by the court on the conviction for which theexpungement is sought has been satisfied.
(3) The petitioner shall be responsible for service of the order of expungement to allaffected state, county, and local entities, agencies, and officials. To avoid destruction or sealingof the records in whole or in part, the agency or entity receiving the expungement order shall onlyexpunge all references to the petitioner's name in the records pertaining to the petitioner'sadjudicated juvenile court cases.
(4) Upon the entry of the order, the proceedings in the petitioner's case shall beconsidered never to have occurred and the petitioner may properly reply accordingly upon anyinquiry in the matter. Inspection of the records may thereafter only be permitted by the courtupon petition by the person who is the subject of the records, and only to persons named in thepetition.
(5) The court may not expunge a juvenile court record if the record contains anadjudication of:
(a) Section 76-5-202, aggravated murder; or
(b) Section 76-5-203, murder.
(6) (a) A person whose juvenile court record consists solely of nonjudicial adjustments asprovided in Section 78A-6-602 may petition the court for expungement of the person's record ifthe person:
(i) has reached 18 years of age; and
(ii) has completed the conditions of the nonjudicial adjustments.
(b) The court shall, without a hearing, order sealed all petitioner's records under thecontrol of the juvenile court and any of petitioner's records under the control of any other agencyor official pertaining to the petitioner's nonjudicial adjustments.
Amended by Chapter 148, 2009 General Session