Overview Description

Records consisting solely of juvenile court nonjudicial adjustments can be expunged upon petition after the person turns 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(a).

Ineligible Category or Citation

The petitioner is ineligible for expungement if: (1) petitioner's juvenile court record consists of anything other than nonjudicial adjustments; (2) 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; (3) petitioner has any pending proceedings involving a felony or misdemeanor; or (4) 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(6)(a), (2)(c).

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 will order sealed all 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 petitioner's nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(b).

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 age 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(a).

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