Overview Description

Records relating an adjudication of delinquency can be expunged so long as the petitioner is not subject to a disqualifying event and the court finds that the petitioner has been satisfactorily rehabilitated. Utah Code Ann. § 78A-6-1105.

Ineligible Category or Citation

The petitioner is ineligible for expungement if: (1) petitioner has been convicted of a felony or misdemeanor involving moral turpitude since the termination of the court's jurisdiction or the petitioner's unconditional release from the Division of Juvenile Justice Services; (2) petitioner has any pending proceedings involving a felony or misdemeanor; or (3) petitioner has not satisfied the judgment for restitution entered by the court on the conviction for which the expungement is sought. Utah Code Ann. § 78A-6-1105(2)(c). A record containing an adjudication for aggravated murder and murder cannot be expunged. Utah Code Ann. § 78A-6-1105(5).

Procedure General

The petitioner must 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. Utah Code Ann.§ 78A-6-1105(1)(d).

For the specific procedure, see Utah Code Ann. § 78A-6-1105.

 

Fees

There is no statutory language regarding fees.

Effect

The court can seal all petitioner's records under the control of the juvenile court and any of petitioner's records under the control of any other agency or official pertaining to the petitioner's adjudicated juvenile court cases, including relevant related records contained in the Management Information System and the Licensing Information System. Utah Code Ann. § 78A-6-1105(2)(c).

Upon the entry of the order, the proceedings in the petitioner's case will be considered never to have occurred and the petitioner can properly reply accordingly upon any inquiry in the matter. Utah Code Ann. § 78A-6-1105(4).

"'Expunge' means to seal or otherwise restrict access to the petitioner's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction." Utah Code Ann. § 77-40-102(8).

 

Forms

For more information on the expungement of juvenile records in Utah, visit here.

Waiting Periods

A petition can be filed after the person has reached the age of 18 and one year has elapsed from the date of termination of the continuing jurisdiction of the juvenile court or, if the person was committed to a secure youth corrections facility, one year from the date of their unconditional release from the custody of the Division of Juvenile Justice Services. The court can waive the waiting period if the court finds an appropriate reason for the waiver. Utah Code Ann. §§ 78A-6-1105(1)(a), (b).

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