H.B. 60
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 12-29-22 11:43 AM 6
H.B. 60
1 JUVENILE JUSTICE MODIFICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Cheryl K. Acton
5 Senate Sponsor: Luz Escamilla
6
7LONG TITLE
8Committee Note:
9 The Judiciary Interim Committee recommended this bill.
10 Legislative Vote:8 voting for7 voting against 2 absent
11General Description:
12 This bill amends provisions related to juvenile justice.
13Highlighted Provisions:
14 This bill:
15 <addresses the use of juvenile delinquency records by public and private employers;
16 <amends provisions regarding the inspection of juvenile court records;
17 <requires the State Board of Education to include information about dangerous
18weapons in an annual report on school discipline and law enforcement action;
19 <requires the State Board of Education to provide a report on school discipline and
20law enforcement action to the State Commission on Criminal and Juvenile Justice;
21 <modifies a reporting requirement regarding a dangerous weapon on school grounds;
22 <requires the State Commission on Criminal and Juvenile Justice to provide a report
23to the Judiciary Interim Committee regarding minors in possession of dangerous
24weapons on school grounds;
25 <defines terms related to juvenile records;
26 <amends and clarifies provisions regarding the vacatur of an adjudication in the
27juvenile court;
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28 <clarifies the release of certain juvenile records;
29 <amends provisions regarding a petition for expungement of a juvenile court record
30with an adjudication, including the notice and hearing requirements for the petition;
31 <allows for a petition for expungement of a juvenile court record consisting of
32nonjudicial adjustments;
33 <allows for a petition for expungement of a juvenile court record consisting of
34records of arrest, investigation, detention, and delinquency petitions;
35 <allows for a petition for expungement of records regarding a petition where the
36allegations of delinquency were found to be not true;
37 <allows for the automatic expungement of a successful nonjudicial adjustment
38completed on or after October 1, 2023;
39 <provides the requirements for expunging juvenile records;
40 <addresses the distribution of an expungement order;
41 <addresses agency duties regarding expungement orders;
42 <addresses records in the custody of the Board of Pardons and Parole, the
43Department of Corrections, or the Division of Child and Family Services;
44 <addresses the effect of an expungement order;
45 <provides that certain individuals may view or inspect expunged juvenile records;
46 <repeals statutes related to the expungement of juvenile records; and
47 <makes technical and conforming changes.
48Money Appropriated in this Bill:
49 None
50Other Special Clauses:
51 None
52Utah Code Sections Affected:
53AMENDS:
54 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
55 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
56 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
57 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
58 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262 12-29-22 11:43 AM H.B. 60
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59 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
60 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
61 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
62 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
63ENACTS:
64 80-6-1004.1, Utah Code Annotated 1953
65 80-6-1004.2, Utah Code Annotated 1953
66 80-6-1004.3, Utah Code Annotated 1953
67 80-6-1004.4, Utah Code Annotated 1953
68 80-6-1004.5, Utah Code Annotated 1953
69 80-6-1006.1, Utah Code Annotated 1953
70RENUMBERS AND AMENDS:
71 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
72261)
73REPEALS:
74 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
75 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
76 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
77
78Be it enacted by the Legislature of the state of Utah:
79 Section 1. Section 34-52-201 is amended to read:
80 34-52-201. Public employer requirements.
81 (1) A public employer may not exclude an applicant from an initial interview because
82of a past criminal conviction or juvenile delinquency adjudication.
83 (2) A public employer excludes an applicant from an initial interview if the public
84employer:
85 (a) requires an applicant to disclose, on an employment application, a criminal
86conviction or juvenile delinquency adjudication;
87 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
88or juvenile delinquency adjudication; or
89 (c) if no interview is conducted, requires an applicant to disclose, before making a H.B. 60 12-29-22 11:43 AM
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90conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
91 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
92criminal or juvenile delinquency history.
93 (b) An applicant seeking employment from a public employer may answer a question
94related to an expunged criminal or juvenile delinquency record as though the action underlying
95the expunged criminal or juvenile delinquency record never occurred.
96 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
97employer from:
98 (a) asking an applicant for information about an applicant's criminal conviction or
99juvenile delinquency history during an initial interview or after an initial interview; or
100 (b) considering an applicant's conviction or juvenile delinquency history when making
101a hiring decision.
102 (5) Subsections (1) through (3) do not apply:
103 (a) if federal, state, or local law, including corresponding administrative rules, requires
104the consideration of an applicant's criminal conviction or juvenile delinquency history;
105 (b) to a public employer that is a law enforcement agency;
106 (c) to a public employer that is part of the criminal or juvenile justice system;
107 (d) to a public employer seeking a nonemployee volunteer;
108 (e) to a public employer that works with children or vulnerable adults;
109 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
110 (g) to the State Tax Commission;
111 (h) to a public employer whose primary purpose is performing financial or fiduciary
112functions; and
113 (i) to a public transit district hiring or promoting an individual for a safety sensitive
114position described in Section 17B-2a-825.
115 Section 2. Section 34-52-301 is amended to read:
116 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
117delinquency history.
118 An applicant seeking employment from a private employer may answer a question
119related to an expunged criminal or juvenile delinquency record as though the action underlying
120the expunged criminal or juvenile delinquency record never occurred. 12-29-22 11:43 AM H.B. 60
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121 Section 3. Section 53E-3-516 is amended to read:
122 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
123authority.
124 (1) As used in this section:
125 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
126 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
127discipline a student of that public school that includes a suspension or expulsion.
128 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
12977-7a-103.
130 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
13180-1-102.
132 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
133interaction with a minor that does not result in an arrest, including:
134 (i) a search and seizure by an SRO;
135 (ii) issuance of a criminal citation;
136 (iii) issuance of a ticket or summons;
137 (iv) filing a delinquency petition; or
138 (v) referral to a probation officer.
139 [(e)] (f) "School is in session" means the hours of a day during which a public school
140conducts instruction for which student attendance is counted toward calculating average daily
141membership.
142 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
143camp, clinic, or other event or activity that is authorized by a specific public school, according
144to LEA governing board policy, and satisfies at least one of the following conditions:
145 (A) the activity is managed or supervised by a school district, public school, or public
146school employee;
147 (B) the activity uses the school district or public school facilities, equipment, or other
148school resources; or
149 (C) the activity is supported or subsidized, more than inconsequentially, by public
150funds, including the public school's activity funds or Minimum School Program dollars.
151 (ii) "School-sponsored activity" includes preparation for and involvement in a public H.B. 60 12-29-22 11:43 AM
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152performance, contest, athletic competition, demonstration, display, or club activity.
153 [(g)] (h) "Student resource officer" or "SRO" means the same as that term is defined in
154Section 53G-8-701.
155 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
156the following incidents that occur on school grounds while school is in session or during a
157school-sponsored activity:
158 (a) arrests of a minor;
159 (b) other law enforcement activities; [and]
160 (c) disciplinary actions[.]; and
161 (d) minors found in possession of a dangerous weapon.
162 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
163the state board and LEAs to provide and validate data and information necessary to complete
164the report described in Subsection (2), as requested by an LEA or the state board.
165 (4) The report described in Subsection (2) shall include the following information
166listed separately for each LEA:
167 (a) the number of arrests of a minor, including the reason why the minor was arrested;
168 (b) the number of other law enforcement activities, including the following information
169for each incident:
170 (i) the reason for the other law enforcement activity; and
171 (ii) the type of other law enforcement activity used;
172 (c) the number of disciplinary actions imposed, including:
173 (i) the reason for the disciplinary action; and
174 (ii) the type of disciplinary action;
175 (d) the number of SROs employed; [and]
176 (e) if applicable, the demographics of an individual who is subject to, as the following
177are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
178 (f) the number of minors found in possession of a dangerous weapon on school
179grounds while school is in session or during a school-sponsored activity.
180 (5) The report described in Subsection (2) shall include the following information, in
181aggregate, for each element described in Subsections (4)(a) through (c):
182 (a) age; 12-29-22 11:43 AM H.B. 60
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183 (b) grade level;
184 (c) race;
185 (d) sex; and
186 (e) disability status.
187 (6) Information included in the annual report described in Subsection (2) shall comply
188with:
189 (a) Chapter 9, Part 3, Student Data Protection;
190 (b) Chapter 9, Part 2, Student Privacy; and
191 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
192 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
193state board shall make rules to compile the report described in Subsection (2).
194 (8) The state board shall provide the report described in Subsection (2):
195 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
196previous school year[.]; and
197 (b) to the State Commission on Criminal and Juvenile Justice by January 15 of each
198year for incidents that occurred during the previous school year.
199 Section 4. Section 53G-8-510 is amended to read:
200 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
201from civil and criminal liability.
202 (1) As used in this section:
203 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
204use or intended use is capable of causing death or serious bodily injury to an individual.
205 (b) "Minor" means the same as that term is defined in Section 80-1-102.
206 (c) "School employee" means an individual working in the individual's capacity as:
207 (i) a school teacher;
208 (ii) a school staff member;
209 (iii) a school administrator; or
210 (iv) an individual:
211 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
212school district; and
213 (B) who works on a school campus. H.B. 60 12-29-22 11:43 AM
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214 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
215 (e) "School-sponsored activity" means the same as that term is defined in Section
21653E-3-516.
217 (2) If a minor is found on school grounds when school is in session or at a
218school-sponsored activity in possession of a dangerous weapon and that information is reported
219to, or known by, a school employee, the school employee shall notify the principal.
220 (3) After receiving a notification under Subsection (2), the principal shall notify:
221 (a) a law enforcement officer or agency; and
222 (b) school or district personnel if the principal determines that school or district
223personnel should be informed.
224 [(1) Whenever a student is found on school property during school hours or at a
225school-sponsored activity in possession of a dangerous weapon and that information is reported
226to or known by the principal, the principal shall notify law enforcement personnel and school
227or district personnel who, in the opinion of the principal, should be informed.]
228 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
229(3) and any person who receives the information is immune from any liability, civil or criminal,
230that might otherwise result from the reporting or receipt of the information.
231 Section 5. Section 63M-7-208 is amended to read:
232 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
233 (1) The State Commission on Criminal and Juvenile Justice shall:
234 (a) support implementation and expansion of evidence-based juvenile justice programs
235and practices, including assistance regarding implementation fidelity, quality assurance, and
236ongoing evaluation;
237 (b) examine and make recommendations on the use of third-party entities or an
238intermediary organization to assist with implementation and to support the performance-based
239contracting system authorized in Subsection (1)(m);
240 (c) oversee the development of performance measures to track juvenile justice reforms,
241and ensure early and ongoing stakeholder engagement in identifying the relevant performance
242measures;
243 (d) evaluate currently collected data elements throughout the juvenile justice system
244and contract reporting requirements to streamline reporting, reduce redundancies, eliminate 12-29-22 11:43 AM H.B. 60
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245inefficiencies, and ensure a focus on recidivism reduction;
246 (e) review averted costs from reductions in out-of-home placements for juvenile justice
247youth placed with the Division of Juvenile Justice Services and the Division of Child and
248Family Services, and make recommendations to prioritize the reinvestment and realignment of
249resources into community-based programs for youth living at home, including the following:
250 (i) statewide expansion of:
251 (A) juvenile receiving centers, as defined in Section 80-1-102;
252 (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
253 (C) youth courts; and
254 (D) victim-offender mediation;
255 (ii) statewide implementation of nonresidential diagnostic assessment;
256 (iii) statewide availability of evidence-based programs and practices including
257cognitive behavioral and family therapy programs for minors assessed by a validated risk and
258needs assessment as moderate or high risk;
259 (iv) implementation and infrastructure to support the sustainability and fidelity of
260evidence-based juvenile justice programs, including resources for staffing, transportation, and
261flexible funds; and
262 (v) early intervention programs such as family strengthening programs, family
263wraparound services, and proven truancy interventions;
264 (f) assist the Administrative Office of the Courts in the development of a statewide
265sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
266family to pay;
267 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
268such as the operation of early intervention services, receiving centers, and diversion, and make
269recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
270 (h) ensure that data reporting is expanded and routinely review data in additional areas,
271including:
272 (i) referral and disposition data by judicial district;
273 (ii) data on the length of time minors spend in the juvenile justice system, including the
274total time spent under court jurisdiction, on community supervision, and in each out-of-home
275placement; H.B. 60 12-29-22 11:43 AM
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276 (iii) recidivism data for minors who are diverted to a nonjudicial adjustment under
277Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
278including tracking minors into the adult corrections system;
279 (iv) change in aggregate risk levels from the time minors receive services, are under
280supervision, and are in out-of-home placement; and
281 (v) dosage of programming;
282 (i) develop a reasonable timeline within which all programming delivered to minors in
283the juvenile justice system must be evidence-based or consist of practices that are rated as
284effective for reducing recidivism by a standardized program evaluation tool;
285 (j) provide guidelines to be considered by the Administrative Office of the Courts and
286the Division of Juvenile Justice Services in developing tools considered by the Administrative
287Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
288tools to be used for the evaluation of juvenile justice programs;
289 (k) develop a timeline to support improvements to juvenile justice programs to achieve
290reductions in recidivism and review reports from relevant state agencies on progress toward
291reaching that timeline;
292 (l) subject to Subsection (2), assist in the development of training for juvenile justice
293stakeholders, including educators, law enforcement officers, probation staff, judges, Division
294of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
295providers;
296 (m) subject to Subsection (3), assist in the development of a performance-based
297contracting system, which shall be developed by the Administrative Office of the Courts and
298the Division of Juvenile Justice Services for contracted services in the community and
299contracted out-of-home placement providers;
300 (n) assist in the development of a validated detention risk assessment tool that [shall
301be] is developed or adopted and validated by the Administrative Office of the Courts and the
302Division of Juvenile Justice Services as provided in Section 80-5-203 [on and after July 1,
3032018; and];
304 (o) annually issue and make public a report to the governor, president of the Senate,
305speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
306progress of the reforms and any additional areas in need of review[.]; and 12-29-22 11:43 AM H.B. 60
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307 (p) prepare and submit a written report to the Judiciary Interim Committee on or before
308October 1 of each year in accordance with Subsection (4).
309 (2) Training described in Subsection (1)(l) should include instruction on
310evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
311and fidelity, and shall be supplemented by the following topics:
312 (a) adolescent development;
313 (b) identifying and using local behavioral health resources;
314 (c) implicit bias;
315 (d) cultural competency;
316 (e) graduated responses;
317 (f) Utah juvenile justice system data and outcomes; and
318 (g) gangs.
319 (3) The system described in Subsection (1)(m) shall provide incentives for:
320 (a) the use of evidence-based juvenile justice programs and practices rated as effective
321by the tools selected in accordance with Subsection (1)(j);
322 (b) the use of three-month timelines for program completion; and
323 (c) evidence-based programs and practices for minors living at home in rural areas.
324 (4) (a) As used in this Subsection (4):
325 (i) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
326 (ii) "Minor" means the same as that term is defined in Section 80-1-102.
327 (iii) "School is in session" means the same as that term is defined in Section
32853E-3-516.
329 (iv) "School-sponsored activity" means the same as that term is defined in Section
33053E-3-516.
331 (b) A written report described in Subsection (1)(p) shall include:
332 (i) data for the preceding school year on:
333 (A) the number of minors found in possession of dangerous weapons on school
334grounds while school is in session or during a school-sponsored activity; and
335 (B) the consequences for minors found in possession of dangerous weapons on school
336grounds while school is in session or during a school-sponsored activity, including the number
337of arrests, referrals to the juvenile court, nonjudicial adjustments, delinquency petitions, and H.B. 60 12-29-22 11:43 AM
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338adjudications; and
339 (ii) recommendations for legislative action with respect to the data described in
340Subsection (4)(b)(i).
341 [(4)] (5) The State Commission on Criminal and Juvenile Justice may delegate the
342duties imposed under this section to a subcommittee or board established by the State
343Commission on Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
344 [(5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
345section takes effect July 1, 2018.]
346 Section 6. Section 77-38-14 is amended to read:
347 77-38-14. Notice of expungement petition -- Victim's right to object.
348 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
349prepare a document explaining the right of a victim or a victim's representative to object to a
350petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for
351obtaining notice of the petition.
352 (b) The department or division shall provide each trial court a copy of the document
353that has jurisdiction over delinquencies or criminal offenses subject to expungement.
354 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
355accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
356shall provide a copy of the document to each person who would be entitled to notice of a
357petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
358 Section 7. Section 78A-6-209 is amended to read:
359 78A-6-209. Court records -- Inspection.
360 (1) The juvenile court and the juvenile court's probation department shall keep records
361as required by the board and the presiding judge.
362 (2) A court record shall be open to inspection by:
363 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
364in the case, the attorneys, and agencies to which custody of a minor has been transferred;
365 (b) for information relating to adult offenders alleged to have committed a sexual
366offense, a felony or class A misdemeanor drug offense, or an offense against the person under
367Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
368purpose of evaluating whether an individual should be permitted to obtain or retain a license as 12-29-22 11:43 AM H.B. 60
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369an educator or serve as an employee or volunteer in a school, with the understanding that the
370State Board of Education must provide the individual with an opportunity to respond to any
371information gathered from the State Board of Education's inspection of the records before the
372State Board of Education makes a decision concerning licensure or employment;
373 (c) the Criminal Investigations and Technical Services Division, established in Section
37453-10-103, for the purpose of a criminal history background check for the purchase of a firearm
375and establishing good character for issuance of a concealed firearm permit as provided in
376Section 53-5-704;
377 (d) the Division of Child and Family Services for the purpose of Child Protective
378Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
379hearings in accordance with Section 80-2-707;
380 (e) the Office of Licensing for the purpose of conducting a background check in
381accordance with Section 62A-2-120;
382 (f) for information related to a minor who has committed a sexual offense, a felony, or
383an offense that if committed by an adult would be a misdemeanor, the Department of Health
384for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
385licensee should be permitted to obtain or retain a license to provide child care, with the
386understanding that the department must provide the individual who committed the offense with
387an opportunity to respond to any information gathered from the Department of Health's
388inspection of records before the Department of Health makes a decision concerning licensure;
389 (g) for information related to a minor who has committed a sexual offense, a felony, or
390an offense that if committed by an adult would be a misdemeanor, the Department of Health to
391determine whether an individual meets the background screening requirements of Title 26,
392Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
393department must provide the individual who committed the offense an opportunity to respond
394to any information gathered from the Department of Health's inspection of records before the
395Department of Health makes a decision under that part; and
396 (h) for information related to a minor who has committed a sexual offense, a felony, or
397an offense that if committed by an adult would be a misdemeanor, the Department of Health to
398determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
399an individual who is seeking or who has obtained an emergency medical service personnel H.B. 60 12-29-22 11:43 AM
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400license under Section 26-8a-302, with the understanding that the Department of Health must
401provide the individual who committed the offense an opportunity to respond to any information
402gathered from the Department of Health's inspection of records before the Department of
403Health makes a determination.
404 (3) With the consent of the juvenile court, a court record may be inspected by the child,
405by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
406research studies.
407 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
408who is 14 years old or older with an offense that would be a felony if committed by an adult,
409the juvenile court shall make available to any person upon request the petition, any
410adjudication or disposition orders, and the delinquency history summary for the minor.
411 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
412if the juvenile court finds, on the record, that the records are closed for good cause.
413 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
414that would be a felony if committed by an adult, the juvenile court shall make available to any
415person upon request the petition, any adjudication or disposition orders, and the delinquency
416history summary of the minor charged unless the records are closed by the juvenile court upon
417findings on the record for good cause.]
418 (5) A juvenile probation officer's records and reports of social and clinical studies are
419not open to inspection, except by consent of the juvenile court, given under rules adopted by
420the board.
421 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
422retrieving a requested record that has been archived.
423 Section 8. Section 80-6-1001 is amended to read:
424 80-6-1001. Definitions.
425 As used in this part:
426 (1) "Abstract" means a copy or summary of a court's disposition.
427 (2) (a) "Agency" means a state, county, or local government entity that generates or
428maintains records [relating to a nonjudicial adjustment or an adjudication] for which
429expungement may be ordered under this part.
430 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for 12-29-22 11:43 AM H.B. 60
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431purposes of this part.
432 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
433individual's juvenile record and in the custody of the juvenile court or an agency.
434 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
435individual that are in the custody of the juvenile court or an agency.
436 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
437Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
438Parental Rights.
439 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
440part.
441 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
442by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
443of an offense in the juvenile court.]
444 Section 9. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
445renumbered and amended to read:
446 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts.
447 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
448expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
449destroyed by an agency.]
450 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
451 [(2)] (1) A court or agency with custody of an individual's record related to an offense
452that the individual is alleged to have committed, or an offense that the individual committed,
453before the individual was 18 years old may not disclose the record to a federal agency that is
454responsible for criminal justice research or proceedings unless the court or the agency is
455required to share the record under state or federal law.
456 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
457traffic offense shall be submitted to the Department of Public Safety as provided in Section
45853-3-218.
459 Section 10. Section 80-6-1002 is amended to read:
460 80-6-1002. Vacatur of an adjudication.
461 [(1) (a) An individual who has been adjudicated under this chapter may petition the H.B. 60 12-29-22 11:43 AM
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462juvenile court for vacatur of the individual's juvenile court records and any related records in
463the custody of an agency if the record relates to:]
464 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
465 [(ii) an adjudication that was based on an offense that the petitioner engaged in while
466subject to force, fraud, or coercion, as defined in Section 76-5-308.]
467 (1) (a) An individual who has been adjudicated for an offense by the juvenile court
468may petition the juvenile court for vacatur of the adjudication if the adjudication was for a
469violation of:
470 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
471trafficking for labor while subject to force, fraud, or coercion;
472 (ii) Section 76-10-1302, prostitution;
473 (iii) Section 76-10-1304, aiding prostitution; or
474 (iv) Section 76-10-1313, sexual solicitation.
475 (b) The petitioner shall include in the petition the relevant juvenile court incident
476number and any agencies known or alleged to have any [documents] records related to the
477offense for which vacatur is being sought.
478 (c) The petitioner shall include with the petition the original criminal history report
479obtained from the Bureau of Criminal Identification in accordance with the provisions of
480Section 53-10-108.
481 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
482prosecution district, the district attorney] prosecuting attorney.
483 (2) (a) Upon the filing of a petition, the juvenile court shall:
484 (i) set a date for a hearing; and
485 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
486notify the prosecuting attorney and any affected agency identified in the juvenile record:
487 (A) that a petition has been filed; and
488 (B) of the date of the hearing.
489 [(ii) notify the county attorney or district attorney and the agency with custody of the
490records at least 30 days prior to the hearing of the pendency of the petition; and]
491 [(iii) notify the county attorney or district attorney and the agency with records the
492petitioner is asking the juvenile court to vacate of the date of the hearing.] 12-29-22 11:43 AM H.B. 60
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493 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
494of a petition for vacatur.
495 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
496hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
497is incapacitated or deceased, the victim's next of kin or authorized representative,]
498 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
499receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
500next of kin or authorized representative if the victim is a child or an individual who is
501incapacitated or deceased, submits a written and signed request for notice to the court in the
502judicial district in which the crime occurred or judgment was entered.
503 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
504the petition.
505 [(a)] (c) At the hearing the petitioner, the [county attorney or district attorney]
506prosecuting attorney, a victim, and any other person who may have relevant information about
507the petitioner may testify.
508 [(3) (b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication
509of an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
510shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
511Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
512 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the
513petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
514of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
515adjudication.
516 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
517deny vacatur of the adjudication.
518 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
51976-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
520Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
521adjudication unless the petitioner acted as a purchaser of any sexual activity.
522 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
523records under the control of the juvenile court and any of the petitioner's records under the H.B. 60 12-29-22 11:43 AM
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524control of any other agency or official]
525 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
526an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
527expungement of all records in the petitioner's juvenile record pertaining to the incident
528identified in the petition, including relevant related records contained in the Management
529Information System and the Licensing Information System.
530 [(6)] (b) The juvenile court may not [vacate a juvenile court record if the record
531contains an adjudication of] order expungement of any record in the petitioner's juvenile record
532that contains an adjudication for a violation of:
533 [(a)] (i) Section 76-5-202, aggravated murder; or
534 [(b)] (ii) Section 76-5-203, murder.
535 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
536expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
537officials.
538 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
539the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
540all references to the petitioner's name in the records pertaining to the relevant adjudicated
541juvenile court incident.
542 [(5) (a) Upon the entry of vacatur,]
543 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
544upon petition by the individual who is the subject of the records, and only to persons named in
545the petition.]
546 (7) (a) Upon entry of a vacatur and expungement order under this section:
547 (i) the proceedings in the incident identified in the petition [shall be] are considered
548never to have occurred; and
549 (ii) the petitioner may [properly reply accordingly upon any inquiry in the matter] reply
550to an inquiry on the matter as though the proceedings never occurred.
551 (b) Upon petition, any record expunged under this section may only be released to or
552viewed by:
553 (i) the individual who is the subject of the record; or
554 (ii) a person named in the petition of vacatur. 12-29-22 11:43 AM H.B. 60
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555 Section 11. Section 80-6-1004.1 is enacted to read:
556 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
557Order.
558 (1) An individual may petition the juvenile court for an order to expunge the
559individual's juvenile record if:
560 (a) the individual was adjudicated for an offense in the juvenile court;
561 (b) the individual has reached 18 years old; and
562 (c) at least one year has passed from the day on which:
563 (i) the juvenile court's continuing jurisdiction was terminated; or
564 (ii) if the individual was committed to secure care, the individual was unconditionally
565released from the custody of the division.
566 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
567(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
568Identification in accordance with Section 53-10-108.
569 (3) If the juvenile court finds and states on the record the reason why waiver is
570appropriate, the juvenile court may waive:
571 (a) the age requirement under Subsection (1)(b) for a petition; or
572 (b) the one-year requirement under Subsection (1)(c) for a petition.
573 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
574shall:
575 (i) set a date for a hearing; and
576 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
577notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
578record:
579 (A) that the petition has been filed; and
580 (B) of the date of the hearing.
581 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
582of a petition described in Subsection (1).
583 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
584of the petition at least 30 days before the day on which the hearing is scheduled if, before the
585day on which an expungement order is made, the victim, or the victim's next of kin or H.B. 60 12-29-22 11:43 AM
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586authorized representative if the victim is a child or an individual who is incapacitated or
587deceased, submits a written and signed request for notice to the juvenile court in the judicial
588district in which the offense occurred or judgment is entered.
589 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
590and any statutes and rules applicable to the petition.
591 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
592may have relevant information about the petitioner may testify.
593 (d) The juvenile court may waive the hearing for the petition if:
594 (i) (A) there is no victim; or
595 (B) if there is a victim, the victim agrees to the waiver; and
596 (ii) the prosecuting attorney agrees to the waiver.
597 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
598described in Subsection (1) and order expungement of the petitioner's juvenile record if the
599juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
600accordance with Subsection (5)(b).
601 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
602court shall consider:
603 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
604petitioner;
605 (ii) the petitioner's response to programs and treatment;
606 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
607 (iv) the petitioner's behavior subsequent to adjudication;
608 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
609and
610 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
611(b)(ii):
612 (A) whether the offense for which the petitioner is a restricted person was committed
613with a weapon;
614 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
615to public safety; and
616 (C) the amount of time that has passed since the adjudication of the offense for which 12-29-22 11:43 AM H.B. 60
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617the petitioner is a restricted person.
618 (6) The juvenile court may not grant a petition described in Subsection (1) and order
619expungement of the petitioner's juvenile record if:
620 (a) the petitioner has been convicted of a violent felony within five years before the day
621on which the petition for expungement is filed;
622 (b) there are delinquency or criminal proceedings pending against the petitioner;
623 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
624court for an adjudication in the petitioner's juvenile record;
625 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
626adjustment in the petitioner's juvenile record; or
627 (e) the petitioner's juvenile record contains an adjudication for a violation of:
628 (i) Section 76-5-202, aggravated murder; or
629 (ii) Section 76-5-203, murder.
630 Section 12. Section 80-6-1004.2 is enacted to read:
631 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
632 (1) An individual may petition the juvenile court for an order to expunge the
633individual's juvenile record if:
634 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
635 (b) the individual's juvenile record is not eligible for automatic expungement under
636Section 80-6-1004.5; and
637 (c) the individual has reached 18 years old.
638 (2) If the juvenile court finds and states on the record the reason why the waiver is
639appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
640petition.
641 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
642described in Subsection (1) and order expungement of the petitioner's juvenile record.
643 (4) The juvenile court may not grant a petition described in Subsection (1) and order
644expungement of the petitioner's juvenile record if:
645 (a) there are delinquency or criminal proceedings pending against the petitioner; or
646 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
647adjustment in the petitioner's juvenile record. H.B. 60 12-29-22 11:43 AM
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648 Section 13. Section 80-6-1004.3 is enacted to read:
649 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
650petition -- Screening -- Order.
651 (1) An individual may petition the juvenile court for an order to expunge the
652individual's juvenile record if:
653 (a) the individual's juvenile record consists solely of records of arrest, investigation,
654detention, or petitions that did not result in adjudication;
655 (b) the individual was not adjudicated for an offense in the juvenile court; and
656 (c) the individual has reached 18 years old.
657 (2) If the juvenile court finds and states on the record the reason why the waiver is
658appropriate, the juvenile court may waive the age requirement under Subsection (1)(c)for a
659petition.
660 (3) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
661notify the prosecuting attorney that the petition has been filed.
662 (b) Within 30 days after the day on which the notification is sent under Subsection
663(3)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
664meets the requirements for expungement under this section.
665 (4) Except as provided in Subsection (5), the juvenile court shall grant a petition
666described in Subsection (1) and order expungement of the petitioner's juvenile record if each
667case identified in the petition:
668 (a) has been screened by the investigating law enforcement agency and the prosecuting
669attorney has determined that no charges will be filed against the individual;
670 (b) resulted in all charges in the case being dismissed with prejudice;
671 (c) resulted in all charges in the case being dismissed without prejudice or without
672condition and the prosecuting attorney consents to the expungement; or
673 (d) is barred from prosecution by the statute of limitations.
674 (5) The juvenile court may not grant a petition described in Subsection (1) and order
675expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
676pending against the petitioner.
677 Section 14. Section 80-6-1004.4 is enacted to read:
678 80-6-1004.4. Petition to expunge petition not found to be true -- Order. 12-29-22 11:43 AM H.B. 60
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679 (1) An individual may petition the juvenile court, at any time, for an order to expunge
680all records in the individual's juvenile record pertaining to an incident where a petition was
681filed if:
682 (a) the incident was presented to the juvenile court for adjudication based upon an
683admission, plea, or trial;
684 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
685petition to be true;
686 (c) at least 30 days have passed since the day on which the juvenile court did not find
687the allegations in the petition to be true; and
688 (d) an appeal has not been filed for the petition within the 30-day period described in
689Subsection (1)(c).
690 (2) The juvenile court shall grant a petition described in Subsection (1), without a
691hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
692the incident.
693 Section 15. Section 80-6-1004.5 is enacted to read:
694 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
695Effect of successful nonjudicial adjustment.
696 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
697petition, an order to expunge an individual's juvenile record if:
698 (a) the individual has reached 18 years old;
699 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
700 (c) the individual has successfully completed each nonjudicial adjustment; and
701 (d) all nonjudicial adjustments were completed on or after October 1, 2023.
702 (2) An individual's juvenile record is not eligible for expungement under Subsection
703(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
704 (a) Section 41-6a-502, driving under the influence;
705 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
706serious bodily injury;
707 (c) Section 76-5-206, negligent homicide;
708 (d) Section 76-9-702.1, sexual battery;
709 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled H.B. 60 12-29-22 11:43 AM
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710shotgun on or about school premises; or
711 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
712 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
713were completed before October 1, 2023:
714 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never
715have occurred if:
716 (i) the individual has reached 18 years old;
717 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
718adjustment in the individual's juvenile record; and
719 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
720Subsection (2); and
721 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
722there never was a nonjudicial adjustment.
723 Section 16. Section 80-6-1006.1 is enacted to read:
724 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
725order -- Agency duties -- Effect of expungement -- Access to expunged record.
726 (1) This section applies to an expungement order under Section 80-6-1004.1,
72780-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
728 (2) The juvenile court may not order:
729 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
730in the possession of the Board of Pardons and Parole or the Department of Corrections, except
731that the juvenile court may order the Board of Pardons and Parole and the Department of
732Corrections to restrict access to a record if the record is specifically identified in the
733expungement order as a record in the possession of the Board of Pardons and Parole or the
734Department of Corrections; or
735 (b) the Division of Child and Family Services to expunge a record in an individual's
736juvenile record that is contained in the Management Information System or the Licensing
737Information System unless:
738 (i) the record is unsupported; or
739 (ii) after notice and an opportunity to be heard, the Division of Child and Family
740Services stipulates in writing to expunging the record. 12-29-22 11:43 AM H.B. 60
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741 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
742copy of the expungement order to any affected agency or official identified in the juvenile
743record.
744 (b) An individual who is the subject of an expungement order may deliver copies of the
745expungement order to all agencies and officials affected by the expungement order.
746 (4) (a) Upon receipt of an expungement order, an agency shall:
747 (i) to avoid destruction or expungement of records in whole or in part, expunge only
748the references to the individual's name in the records relating to the individual's adjudication,
749nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
750ordered; and
751 (ii) destroy all photographs and records created under Section 80-6-608, except that a
752record of a minor's fingerprints may not be destroyed by an agency.
753 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
754the individual who is the subject of the expungement order, or the individual's attorney, that the
755agency has complied with the expungement order.
756 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
757Department of Corrections:
758 (a) may not disclose records expunged in an expungement order unless required by
759law;
760 (b) are not required to destroy any photograph or record created under Section
76180-6-608;
762 (c) may use an expunged record for purposes related to incarceration and supervision
763of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
764purpose of making decisions about:
765 (i) the treatment and programming of the individual;
766 (ii) housing of the individual;
767 (iii) applicable guidelines regarding the individual; or
768 (iv) supervision conditions for the individual;
769 (d) are not prohibited from disclosing or sharing any information in an expunged
770record with another agency that uses the same record management system as the Board of
771Pardons and Parole or the Department of Corrections; and H.B. 60 12-29-22 11:43 AM
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772 (e) are not required to mail an affidavit under Subsection (4)(b).
773 (6) Upon entry of an expungement order:
774 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
775detention for which the record is expunged is considered to have never occurred; and
776 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
777on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
778an arrest, an investigation, or a detention.
779 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
78080-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
781of the record.
782 Section 17. Repealer.
783 This bill repeals:
784 Section 80-6-1004, Requirements to apply to expunge an adjudication.
785 Section 80-6-1005, Nonjudicial adjustment expungement.
786 Section 80-6-1006, Effect of an expunged record -- Agency duties.