2nd Sub. H.B. 60
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 02-16-23 10:44 AM 6
H.B. 60
2nd Sub. (Gray)
Representative Cheryl K. Acton proposes the following substitute bill:
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
8General Description:
9 This bill amends provisions related to juvenile justice.
10Highlighted Provisions:
11 This bill:
12 <addresses the use of juvenile delinquency records by public and private employers;
13 <requires the State Board of Education to include information about dangerous
14weapons in an annual report on school discipline and law enforcement action;
15 <modifies a reporting requirement regarding a minor found with a dangerous weapon
16on school grounds;
17 <modifies the jurisdiction of the juvenile court;
18 <amends provisions related to the inspection of juvenile records when a minor who is
1914 years old or older is charged with a felony offense;
20 <defines terms related to juvenile records;
21 <amends and clarifies provisions regarding the vacatur of an adjudication in the
22juvenile court;
23 <clarifies the release of certain juvenile records;
24 <amends provisions regarding a petition for expungement of a juvenile court record
25with an adjudication, including the notice and hearing requirements for the petition;
*HB0060S02* 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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26 <allows for a petition for expungement of a juvenile court record consisting of
27nonjudicial adjustments;
28 <allows for a petition for expungement of a juvenile court record consisting of
29records of arrest, investigation, detention, and delinquency petitions;
30 <allows for a petition for expungement of records regarding a petition where the
31allegations of delinquency were found to be not true;
32 <allows for the automatic expungement of a successful nonjudicial adjustment
33completed on or after October 1, 2023;
34 <provides the requirements for expunging juvenile records;
35 <addresses the distribution of an expungement order;
36 <addresses agency duties regarding expungement orders;
37 <addresses records in the custody of the Board of Pardons and Parole, the
38Department of Corrections, or the Division of Child and Family Services;
39 <addresses the effect of an expungement order;
40 <provides that certain individuals may view or inspect expunged juvenile records;
41 <repeals statutes related to the expungement of juvenile records; and
42 <makes technical and conforming changes.
43Money Appropriated in this Bill:
44 None
45Other Special Clauses:
46 This bill provides a special effective date.
47Utah Code Sections Affected:
48AMENDS:
49 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
50 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
51 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
52 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
53 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
54 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
55 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
56 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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57 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
58 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
59 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
60 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
61ENACTS:
62 80-6-1004.1, Utah Code Annotated 1953
63 80-6-1004.2, Utah Code Annotated 1953
64 80-6-1004.3, Utah Code Annotated 1953
65 80-6-1004.4, Utah Code Annotated 1953
66 80-6-1004.5, Utah Code Annotated 1953
67 80-6-1006.1, Utah Code Annotated 1953
68RENUMBERS AND AMENDS:
69 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
70261)
71REPEALS:
72 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
73 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
74 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
75
76Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 34-52-201 is amended to read:
78 34-52-201. Public employer requirements.
79 (1) A public employer may not exclude an applicant from an initial interview because
80of a past criminal conviction or juvenile delinquency adjudication.
81 (2) A public employer excludes an applicant from an initial interview if the public
82employer:
83 (a) requires an applicant to disclose, on an employment application, a criminal
84conviction or juvenile delinquency adjudication;
85 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
86or juvenile delinquency adjudication; or
87 (c) if no interview is conducted, requires an applicant to disclose, before making a 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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88conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
89 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
90criminal or juvenile delinquency history.
91 (b) An applicant seeking employment from a public employer may answer a question
92related to an expunged criminal or juvenile delinquency record as though the action underlying
93the expunged criminal or juvenile delinquency record never occurred.
94 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
95employer from:
96 (a) asking an applicant for information about an applicant's criminal conviction or
97juvenile delinquency history during an initial interview or after an initial interview; or
98 (b) considering an applicant's conviction or juvenile delinquency history when making
99a hiring decision.
100 (5) Subsections (1) through (3) do not apply:
101 (a) to an applicant with a criminal conviction if federal, state, or local law, including
102corresponding administrative rules, requires the consideration of [an] the applicant's criminal
103conviction history;
104 (b) to a public employer that is a law enforcement agency;
105 (c) to a public employer that is part of the criminal or juvenile justice system;
106 (d) to a public employer seeking a nonemployee volunteer;
107 (e) to a public employer that works with children or vulnerable adults;
108 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
109 (g) to the State Tax Commission;
110 (h) to a public employer whose primary purpose is performing financial or fiduciary
111functions; and
112 (i) to a public transit district hiring or promoting an individual for a safety sensitive
113position described in Section 17B-2a-825.
114 Section 2. Section 34-52-301 is amended to read:
115 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
116delinquency history.
117 An applicant seeking employment from a private employer may answer a question
118related to an expunged criminal or juvenile delinquency record as though the action underlying 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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119the expunged criminal or juvenile delinquency record never occurred.
120 Section 3. Section 53E-3-516 is amended to read:
121 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
122authority.
123 (1) As used in this section:
124 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
125 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
126discipline a student of that public school that includes a suspension or expulsion.
127 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
12877-7a-103.
129 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
13080-1-102.
131 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
132interaction with a minor that does not result in an arrest, including:
133 (i) a search and seizure by an SRO;
134 (ii) issuance of a criminal citation;
135 (iii) issuance of a ticket or summons;
136 (iv) filing a delinquency petition; or
137 (v) referral to a probation officer.
138 [(e)] (f) "School is in session" means the hours of a day during which a public school
139conducts instruction for which student attendance is counted toward calculating average daily
140membership.
141 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
142camp, clinic, or other event or activity that is authorized by a specific public school, according
143to LEA governing board policy, and satisfies at least one of the following conditions:
144 (A) the activity is managed or supervised by a school district, public school, or public
145school employee;
146 (B) the activity uses the school district or public school facilities, equipment, or other
147school resources; or
148 (C) the activity is supported or subsidized, more than inconsequentially, by public
149funds, including the public school's activity funds or Minimum School Program dollars. 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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150 (ii) "School-sponsored activity" includes preparation for and involvement in a public
151performance, contest, athletic competition, demonstration, display, or club activity.
152 [(g)] (h) "[Student] School resource officer" or "SRO" means the same as that term is
153defined in Section 53G-8-701.
154 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
155the following incidents that occur on school grounds while school is in session or during a
156school-sponsored activity:
157 (a) arrests of a minor;
158 (b) other law enforcement activities; [and]
159 (c) disciplinary actions[.]; and
160 (d) minors found in possession of a dangerous weapon.
161 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
162the state board and LEAs to provide and validate data and information necessary to complete
163the report described in Subsection (2), as requested by an LEA or the state board.
164 (4) The report described in Subsection (2) shall include the following information
165listed separately for each LEA:
166 (a) the number of arrests of a minor, including the reason why the minor was arrested;
167 (b) the number of other law enforcement activities, including the following information
168for each incident:
169 (i) the reason for the other law enforcement activity; and
170 (ii) the type of other law enforcement activity used;
171 (c) the number of disciplinary actions imposed, including:
172 (i) the reason for the disciplinary action; and
173 (ii) the type of disciplinary action;
174 (d) the number of SROs employed; [and]
175 (e) if applicable, the demographics of an individual who is subject to, as the following
176are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
177 (f) the number of minors found in possession of a dangerous weapon on school
178grounds while school is in session or during a school-sponsored activity.
179 (5) The report described in Subsection (2) shall include the following information, in
180aggregate, for each element described in Subsections (4)(a) through (c): 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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181 (a) age;
182 (b) grade level;
183 (c) race;
184 (d) sex; and
185 (e) disability status.
186 (6) Information included in the annual report described in Subsection (2) shall comply
187with:
188 (a) Chapter 9, Part 3, Student Data Protection;
189 (b) Chapter 9, Part 2, Student Privacy; and
190 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
191 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
192state board shall make rules to compile the report described in Subsection (2).
193 (8) The state board shall provide the report described in Subsection (2) in accordance
194with Section 53E-1-203 for incidents that occurred during the previous school year.
195 Section 4. Section 53G-8-510 is amended to read:
196 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
197from civil and criminal liability.
198 (1) As used in this section:
199 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
200use or intended use is capable of causing death or serious bodily injury to an individual.
201 (b) "Minor" means the same as that term is defined in Section 80-1-102.
202 (c) "School employee" means an individual working in the individual's capacity as:
203 (i) a school teacher;
204 (ii) a school staff member;
205 (iii) a school administrator; or
206 (iv) an individual:
207 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
208school district; and
209 (B) who works on a school campus.
210 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
211 (e) "School-sponsored activity" means the same as that term is defined in Section 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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21253E-3-516.
213 (2) If a minor is found on school grounds when school is in session or at a
214school-sponsored activity in possession of a dangerous weapon and that information is reported
215to, or known by, a school employee, the school employee shall notify the principal.
216 (3) After receiving a notification under Subsection (2), the principal shall notify:
217 (a) a law enforcement officer or agency; and
218 (b) school or district personnel if the principal determines that school or district
219personnel should be informed.
220 [(1) Whenever a student is found on school property during school hours or at a
221school-sponsored activity in possession of a dangerous weapon and that information is reported
222to or known by the principal, the principal shall notify law enforcement personnel and school
223or district personnel who, in the opinion of the principal, should be informed.]
224 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
225(3) and any person who receives the information is immune from any liability, civil or criminal,
226that might otherwise result from the reporting or receipt of the information.
227 Section 5. Section 62A-5-308 is amended to read:
228 62A-5-308. Commitment -- Individual who is under 18 years old.
229 (1) The director of the division, or the director's designee, may commit an individual
230under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
231to the division for observation, diagnosis, care, and treatment if that commitment is based on:
232 (a) an emergency commitment in accordance with Section 62A-5-311; or
233 (b) involuntary commitment in accordance with Section 62A-5-312.
234 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
235commenced by filing a written petition with the juvenile court under Section 62A-5-312.
236 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
237described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
238 (b) A juvenile court shall proceed with the written petition in the same manner and
239with the same authority as the district court.
240 (4) If an individual who is under 18 years old is committed to the custody of the Utah
241State Developmental Center by the juvenile court, the director or the director's designee shall
242give the juvenile court written notice of the intention to release the individual not fewer than 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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243five days before the day on which the individual is released.
244 Section 6. Section 77-38-14 is amended to read:
245 77-38-14. Notice of expungement petition -- Victim's right to object.
246 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
247prepare a document explaining the right of a victim or a victim's representative to object to a
248petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for
249obtaining notice of the petition.
250 (b) The department or division shall provide each trial court a copy of the document
251that has jurisdiction over delinquencies or criminal offenses subject to expungement.
252 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
253accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
254shall provide a copy of the document to each person who would be entitled to notice of a
255petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
256 Section 7. Section 78A-6-103 is amended to read:
257 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
258Findings -- Transfer of a case from another court.
259 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
260court has original jurisdiction over:
261 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
262state, or federal law, that was committed by a child;
263 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
264state, or federal law, that was committed by an individual:
265 (i) who is under 21 years old at the time of all court proceedings; and
266 (ii) who was under 18 years old at the time the offense was committed; and
267 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
268law, that was committed:
269 (i) by an individual:
270 (A) who was 18 years old and enrolled in high school at the time of the offense; and
271 (B) who is under 21 years old at the time of all court proceedings; and
272 (ii) on school property where the individual was enrolled:
273 (A) when school was in session; or 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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274 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
275 (2) The juvenile court has original jurisdiction over:
276 (a) any proceeding concerning:
277 [(a)] (i) a child who is an abused child, neglected child, or dependent child;
278 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
279Child Protective Orders;
280 [(c)] (iii) the appointment of a guardian of the individual or other guardian of a minor
281who comes within the court's jurisdiction under other provisions of this section;
282 [(d)] (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
283Emancipation;
284 [(e)] (v) the termination of parental rights in accordance with Title 80, Chapter 4,
285Termination and Restoration of Parental Rights, including termination of residual parental
286rights and duties;
287 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability;
288 [(g)] (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
289accordance with Section 30-1-9;
290 [(h)] (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
291 [(i)] (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
292 [(j)] (x) the treatment or commitment of a child with a mental illness;
293 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance
294with Section 62A-15-301;
295 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter
2966, Part 4, Competency;
297 [(m)] (xiii) de novo review of final agency actions resulting from an informal
298adjudicative proceeding as provided in Section 63G-4-402;
299 [(n)] (xiv) adoptions conducted in accordance with the procedures described in Title
30078B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
301terminating the rights of a parent and finds that adoption is in the best interest of the child;
302 [(o)] (xv) an ungovernable or runaway child who is referred to the juvenile court by the
303Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
304Juvenile Justice Services, the child has demonstrated that the child: 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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305 [(i)] (A) is beyond the control of the child's parent, guardian, or custodian to the extent
306that the child's behavior or condition endangers the child's own welfare or the welfare of others;
307or
308 [(ii)] (B) has run away from home; and
309 [(p)] (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for
310an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
311comply with a promise to appear and bring a child to the juvenile court[.];
312 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
313Expungement; and
314 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
315 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
316law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection
317[(2)(p)] (2)(a)(xvi), (b), or (c).
318 (4) This section does not restrict the right of access to the juvenile court by private
319agencies or other persons.
320 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
321arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
322 (6) The juvenile court has jurisdiction to make a finding of substantiated,
323unsubstantiated, or without merit, in accordance with Section 80-3-404.
324 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
325another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
326 Section 8. Section 78A-6-209 is amended to read:
327 78A-6-209. Court records -- Inspection.
328 (1) The juvenile court and the juvenile court's probation department shall keep records
329as required by the board and the presiding judge.
330 (2) A court record shall be open to inspection by:
331 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
332in the case, the attorneys, and agencies to which custody of a minor has been transferred;
333 (b) for information relating to adult offenders alleged to have committed a sexual
334offense, a felony or class A misdemeanor drug offense, or an offense against the person under
335Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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336purpose of evaluating whether an individual should be permitted to obtain or retain a license as
337an educator or serve as an employee or volunteer in a school, with the understanding that the
338State Board of Education must provide the individual with an opportunity to respond to any
339information gathered from the State Board of Education's inspection of the records before the
340State Board of Education makes a decision concerning licensure or employment;
341 (c) the Criminal Investigations and Technical Services Division, established in Section
34253-10-103, for the purpose of a criminal history background check for the purchase of a firearm
343and establishing good character for issuance of a concealed firearm permit as provided in
344Section 53-5-704;
345 (d) the Division of Child and Family Services for the purpose of Child Protective
346Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
347hearings in accordance with Section 80-2-707;
348 (e) the Office of Licensing for the purpose of conducting a background check in
349accordance with Section 62A-2-120;
350 (f) for information related to a minor who has committed a sexual offense, a felony, or
351an offense that if committed by an adult would be a misdemeanor, the Department of Health
352for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
353licensee should be permitted to obtain or retain a license to provide child care, with the
354understanding that the department must provide the individual who committed the offense with
355an opportunity to respond to any information gathered from the Department of Health's
356inspection of records before the Department of Health makes a decision concerning licensure;
357 (g) for information related to a minor who has committed a sexual offense, a felony, or
358an offense that if committed by an adult would be a misdemeanor, the Department of Health to
359determine whether an individual meets the background screening requirements of Title 26,
360Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
361department must provide the individual who committed the offense an opportunity to respond
362to any information gathered from the Department of Health's inspection of records before the
363Department of Health makes a decision under that part; and
364 (h) for information related to a minor who has committed a sexual offense, a felony, or
365an offense that if committed by an adult would be a misdemeanor, the Department of Health to
366determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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367an individual who is seeking or who has obtained an emergency medical service personnel
368license under Section 26-8a-302, with the understanding that the Department of Health must
369provide the individual who committed the offense an opportunity to respond to any information
370gathered from the Department of Health's inspection of records before the Department of
371Health makes a determination.
372 (3) With the consent of the juvenile court, a court record may be inspected by the child,
373by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
374research studies.
375 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
376who is 14 years old or older with an offense that would be a felony if committed by an adult,
377the juvenile court shall make available to any person upon request the petition, any
378adjudication or disposition orders, and the delinquency history summary for the minor.
379 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
380if the juvenile court finds, on the record, that the records are closed for good cause.
381 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
382that would be a felony if committed by an adult, the juvenile court shall make available to any
383person upon request the petition, any adjudication or disposition orders, and the delinquency
384history summary of the minor charged unless the records are closed by the juvenile court upon
385findings on the record for good cause.]
386 (5) A juvenile probation officer's records and reports of social and clinical studies are
387not open to inspection, except by consent of the juvenile court, given under rules adopted by
388the board.
389 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
390retrieving a requested record that has been archived.
391 Section 9. Section 78A-6-358 is amended to read:
392 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
393 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
394minor is 21 years old, except:
395 (a) for an order of commitment to the Utah State Developmental Center or to the
396custody of the Division of Substance Abuse and Mental Health;
397 (b) for an adoption under Subsection [78A-6-103(2)(n)] 78A-6-103(2)(a)(xiv); 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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398 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
399under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
400 (d) for a permanent order of custody and guardianship under Subsection
40180-3-405(2)(d);
402 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
403 (f) as provided in Subsection (2).
404 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
405court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
406under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
407minor is 25 years old.
408 Section 10. Section 78B-6-105 is amended to read:
409 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
410over nonresidents -- Time for filing.
411 (1) An adoption proceeding shall be commenced by filing a petition in:
412 (a) the district court in the district where the prospective adoptive parent resides;
413 (b) if the prospective adoptive parent is not a resident of this state, the district court in
414the district where:
415 (i) the adoptee was born;
416 (ii) the adoptee resides on the day on which the petition is filed; or
417 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
418or
419 (c) the juvenile court as provided in Subsection [78A-6-103(2)(n)]
42078A-6-103(2)(a)(xiv) and Section 78A-6-350.
421 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
422filed with the clerk of the court where the adoption proceeding is commenced under Subsection
423(1).
424 (3) A petition for adoption:
425 (a) may be filed before the birth of a child;
426 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
427the purpose of adoption; and
428 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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429the home of the petitioners for the purpose of adoption, unless:
430 (i) the time for filing has been extended by the court; or
431 (ii) the adoption is arranged by a child-placing agency in which case the agency may
432extend the filing time.
433 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
434or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
435shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
436provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
437 (b) The notice may not include the name of:
438 (i) a prospective adoptive parent; or
439 (ii) an unmarried mother without her consent.
440 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
441over the person served in the same manner and to the same extent as if the person served was
442served personally within the state.
443 (6) In the case of service outside the state, service completed not less than five days
444before the time set in the notice for appearance of the person served is sufficient to confer
445jurisdiction.
446 (7) Computation of periods of time not otherwise set forth in this section shall be made
447in accordance with the Utah Rules of Civil Procedure.
448 Section 11. Section 80-6-1001 is amended to read:
449 80-6-1001. Definitions.
450 As used in this part:
451 (1) "Abstract" means a copy or summary of a court's disposition.
452 (2) (a) "Agency" means a state, county, or local government entity that generates or
453maintains records [relating to a nonjudicial adjustment or an adjudication] for which
454expungement may be ordered under this part.
455 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
456purposes of this part.
457 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
458individual's juvenile record and in the custody of the juvenile court or an agency.
459 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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460individual that are in the custody of the juvenile court or an agency.
461 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
462Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
463Parental Rights.
464 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
465part.
466 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
467by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
468of an offense in the juvenile court.]
469 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
470renumbered and amended to read:
471 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts.
472 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
473expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
474destroyed by an agency.]
475 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
476 [(2)] (1) A court or agency with custody of an individual's record related to an offense
477that the individual is alleged to have committed, or an offense that the individual committed,
478before the individual was 18 years old may not disclose the record to a federal agency that is
479responsible for criminal justice research or proceedings unless the court or the agency is
480required to share the record under state or federal law.
481 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
482traffic offense shall be submitted to the Department of Public Safety as provided in Section
48353-3-218.
484 Section 13. Section 80-6-1002 is amended to read:
485 80-6-1002. Vacatur of an adjudication.
486 (1) [(a) An individual who has been adjudicated under this chapter may petition the
487juvenile court for vacatur of the individual's juvenile court records and any related records in
488the custody of an agency if the record relates to:]
489 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
490 [(ii) an adjudication that was based on an offense that the petitioner engaged in while 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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491subject to force, fraud, or coercion, as defined in Section 76-5-308.]
492 (a) An individual who has been adjudicated for an offense by the juvenile court may
493petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
494of:
495 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
496trafficking for labor while subject to force, fraud, or coercion;
497 (ii) Section 76-10-1302, prostitution;
498 (iii) Section 76-10-1304, aiding prostitution; or
499 (iv) Section 76-10-1313, sexual solicitation.
500 (b) The petitioner shall include in the petition the relevant juvenile court incident
501number and any agencies known or alleged to have any [documents] records related to the
502offense for which vacatur is being sought.
503 (c) The petitioner shall include with the petition the original criminal history report
504obtained from the Bureau of Criminal Identification in accordance with the provisions of
505Section 53-10-108.
506 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
507prosecution district, the district attorney] prosecuting attorney.
508 (2) (a) Upon the filing of a petition, the juvenile court shall:
509 (i) set a date for a hearing; and
510 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
511notify the prosecuting attorney and any affected agency identified in the juvenile record:
512 (A) that a petition has been filed; and
513 (B) of the date of the hearing.
514 [(ii) notify the county attorney or district attorney and the agency with custody of the
515records at least 30 days prior to the hearing of the pendency of the petition; and]
516 [(iii) notify the county attorney or district attorney and the agency with records the
517petitioner is asking the juvenile court to vacate of the date of the hearing.]
518 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
519of a petition for vacatur.
520 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
521hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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522is incapacitated or deceased, the victim's next of kin or authorized representative,]
523 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
524receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
525next of kin or authorized representative if the victim is a child or an individual who is
526incapacitated or deceased, submits a written and signed request for notice to the court in the
527judicial district in which the crime occurred or judgment was entered.
528 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
529the petition.
530 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
531person who may have relevant information about the petitioner may testify.
532 [(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
533and any other person who may have relevant information about the petitioner may testify.]
534 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of
535an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
536shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
537Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
538 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the
539petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
540of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
541adjudication.
542 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
543deny vacatur of the adjudication.
544 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
54576-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
546Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
547adjudication unless the petitioner acted as a purchaser of any sexual activity.
548 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
549records under the control of the juvenile court and any of the petitioner's records under the
550control of any other agency or official]
551 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
552an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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553expungement of all records in the petitioner's juvenile record pertaining to the incident
554identified in the petition, including relevant related records contained in the Management
555Information System and the Licensing Information System.
556 (b) The juvenile court may not order expungement of any record in the petitioner's
557juvenile record that contains an adjudication for a violation of:
558 (i) Section 76-5-202, aggravated murder; or
559 (ii) Section 76-5-203, murder.
560 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
561expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
562officials.
563 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
564the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
565all references to the petitioner's name in the records pertaining to the relevant adjudicated
566juvenile court incident.
567 (7) (a) Upon entry of a vacatur and expungement order under this section:
568 (i) the proceedings in the incident identified in the petition are considered never to
569have occurred; and
570 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
571occurred.
572 (b) Upon petition, any record expunged under this section may only be released to or
573viewed by:
574 (i) the individual who is the subject of the record; or
575 (ii) a person named in the petition of vacatur.
576 [(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
577petition shall be considered never to have occurred and the petitioner may properly reply
578accordingly upon any inquiry in the matter.]
579 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
580upon petition by the individual who is the subject of the records, and only to persons named in
581the petition.]
582 [(6) The juvenile court may not vacate a juvenile court record if the record contains an
583adjudication of:] 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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584 [(a) Section 76-5-202, aggravated murder; or]
585 [(b) Section 76-5-203, murder.]
586 Section 14. Section 80-6-1004.1 is enacted to read:
587 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
588Order.
589 (1) An individual may petition the juvenile court for an order to expunge the
590individual's juvenile record if:
591 (a) the individual was adjudicated for an offense in the juvenile court;
592 (b) the individual has reached 18 years old; and
593 (c) at least one year has passed from the day on which:
594 (i) the juvenile court's continuing jurisdiction was terminated; or
595 (ii) if the individual was committed to secure care, the individual was unconditionally
596released from the custody of the division.
597 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
598(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
599Identification in accordance with Section 53-10-108.
600 (3) If the juvenile court finds and states on the record the reason why waiver is
601appropriate, the juvenile court may waive:
602 (a) the age requirement under Subsection (1)(b) for a petition; or
603 (b) the one-year requirement under Subsection (1)(c) for a petition.
604 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
605shall:
606 (i) set a date for a hearing; and
607 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
608notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
609record:
610 (A) that the petition has been filed; and
611 (B) of the date of the hearing.
612 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
613of a petition described in Subsection (1).
614 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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615of the petition at least 30 days before the day on which the hearing is scheduled if, before the
616day on which an expungement order is made, the victim, or the victim's next of kin or
617authorized representative if the victim is a child or an individual who is incapacitated or
618deceased, submits a written and signed request for notice to the juvenile court in the judicial
619district in which the offense occurred or judgment is entered.
620 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
621and any statutes and rules applicable to the petition.
622 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
623may have relevant information about the petitioner may testify.
624 (d) The juvenile court may waive the hearing for the petition if:
625 (i) (A) there is no victim; or
626 (B) if there is a victim, the victim agrees to the waiver; and
627 (ii) the prosecuting attorney agrees to the waiver.
628 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
629described in Subsection (1) and order expungement of the petitioner's juvenile record if the
630juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
631accordance with Subsection (5)(b).
632 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
633court shall consider:
634 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
635petitioner;
636 (ii) the petitioner's response to programs and treatment;
637 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
638 (iv) the petitioner's behavior subsequent to adjudication;
639 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
640and
641 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
642(b)(ii):
643 (A) whether the offense for which the petitioner is a restricted person was committed
644with a weapon;
645 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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646to public safety; and
647 (C) the amount of time that has passed since the adjudication of the offense for which
648the petitioner is a restricted person.
649 (6) The juvenile court may not grant a petition described in Subsection (1) and order
650expungement of the petitioner's juvenile record if:
651 (a) the petitioner has been convicted of a violent felony within five years before the day
652on which the petition for expungement is filed;
653 (b) there are delinquency or criminal proceedings pending against the petitioner;
654 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
655court for an adjudication in the petitioner's juvenile record;
656 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
657adjustment in the petitioner's juvenile record; or
658 (e) the petitioner's juvenile record contains an adjudication for a violation of:
659 (i) Section 76-5-202, aggravated murder; or
660 (ii) Section 76-5-203, murder.
661 Section 15. Section 80-6-1004.2 is enacted to read:
662 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
663 (1) An individual may petition the juvenile court for an order to expunge the
664individual's juvenile record if:
665 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
666 (b) the individual's juvenile record is not eligible for automatic expungement under
667Section 80-6-1004.5; and
668 (c) the individual has reached 18 years old.
669 (2) If the juvenile court finds and states on the record the reason why the waiver is
670appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
671petition.
672 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
673described in Subsection (1) and order expungement of the petitioner's juvenile record.
674 (4) The juvenile court may not grant a petition described in Subsection (1) and order
675expungement of the petitioner's juvenile record if:
676 (a) there are delinquency or criminal proceedings pending against the petitioner; or 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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677 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
678adjustment in the petitioner's juvenile record.
679 Section 16. Section 80-6-1004.3 is enacted to read:
680 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
681petition -- Screening -- Order.
682 (1) An individual may petition the juvenile court for an order to expunge the
683individual's juvenile record if:
684 (a) the individual's juvenile record consists solely of records of arrest, investigation,
685detention, or petitions that did not result in adjudication;
686 (b) the individual was not adjudicated for an offense in the juvenile court; and
687 (c) the individual has reached 18 years old.
688 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
689(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
690Identification in accordance with Section 53-10-108.
691 (3) If the juvenile court finds and states on the record the reason why the waiver is
692appropriate, the juvenile court may waive the age requirement under Subsection (1)(c)for a
693petition.
694 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
695notify the prosecuting attorney that the petition has been filed.
696 (b) Within 30 days after the day on which the notification is sent under Subsection
697(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
698meets the requirements for expungement under this section.
699 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
700described in Subsection (1) and order expungement of the petitioner's juvenile record if each
701case identified in the petition:
702 (a) has been screened by the investigating law enforcement agency and the prosecuting
703attorney has determined that no charges will be filed against the individual;
704 (b) resulted in all charges in the case being dismissed with prejudice;
705 (c) resulted in all charges in the case being dismissed without prejudice or without
706condition and the prosecuting attorney consents to the expungement; or
707 (d) is barred from prosecution by the statute of limitations. 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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708 (6) The juvenile court may not grant a petition described in Subsection (1) and order
709expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
710pending against the petitioner.
711 Section 17. Section 80-6-1004.4 is enacted to read:
712 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
713 (1) An individual may petition the juvenile court, at any time, for an order to expunge
714all records in the individual's juvenile record pertaining to an incident where a petition was
715filed if:
716 (a) the incident was presented to the juvenile court for adjudication based upon an
717admission, plea, or trial;
718 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
719petition to be true;
720 (c) at least 30 days have passed since the day on which the juvenile court did not find
721the allegations in the petition to be true; and
722 (d) an appeal has not been filed for the petition within the 30-day period described in
723Subsection (1)(c).
724 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
725(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
726Identification in accordance with Section 53-10-108.
727 (3) The juvenile court shall grant a petition described in Subsection (1), without a
728hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
729the incident.
730 Section 18. Section 80-6-1004.5 is enacted to read:
731 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
732Effect of successful nonjudicial adjustment.
733 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
734petition, an order to expunge an individual's juvenile record if:
735 (a) the individual has reached 18 years old;
736 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
737 (c) the individual has successfully completed each nonjudicial adjustment; and
738 (d) all nonjudicial adjustments were completed on or after October 1, 2023. 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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739 (2) An individual's juvenile record is not eligible for expungement under Subsection
740(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
741 (a) Section 41-6a-502, driving under the influence;
742 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
743serious bodily injury;
744 (c) Section 76-5-206, negligent homicide;
745 (d) Section 76-9-702.1, sexual battery;
746 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
747shotgun on or about school premises; or
748 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
749 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
750were completed before October 1, 2023:
751 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never
752have occurred if:
753 (i) the individual has reached 18 years old;
754 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
755adjustment in the individual's juvenile record; and
756 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
757Subsection (2); and
758 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
759there never was a nonjudicial adjustment.
760 Section 19. Section 80-6-1006.1 is enacted to read:
761 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
762order -- Agency duties -- Effect of expungement -- Access to expunged record.
763 (1) This section applies to an expungement order under Section 80-6-1004.1,
76480-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
765 (2) The juvenile court may not order:
766 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
767in the possession of the Board of Pardons and Parole or the Department of Corrections, except
768that the juvenile court may order the Board of Pardons and Parole and the Department of
769Corrections to restrict access to a record if the record is specifically identified in the 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
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770expungement order as a record in the possession of the Board of Pardons and Parole or the
771Department of Corrections; or
772 (b) the Division of Child and Family Services to expunge a record in an individual's
773juvenile record that is contained in the Management Information System or the Licensing
774Information System unless:
775 (i) the record is unsupported; or
776 (ii) after notice and an opportunity to be heard, the Division of Child and Family
777Services stipulates in writing to expunging the record.
778 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
779copy of the expungement order to any affected agency or official identified in the juvenile
780record.
781 (b) An individual who is the subject of an expungement order may deliver copies of the
782expungement order to all agencies and officials affected by the expungement order.
783 (4) (a) Upon receipt of an expungement order, an agency shall:
784 (i) to avoid destruction or expungement of records in whole or in part, expunge only
785the references to the individual's name in the records relating to the individual's adjudication,
786nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
787ordered; and
788 (ii) destroy all photographs and records created under Section 80-6-608, except that a
789record of a minor's fingerprints may not be destroyed by an agency.
790 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
791the individual who is the subject of the expungement order, or the individual's attorney, that the
792agency has complied with the expungement order.
793 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
794Department of Corrections:
795 (a) may not disclose records expunged in an expungement order unless required by
796law;
797 (b) are not required to destroy any photograph or record created under Section
79880-6-608;
799 (c) may use an expunged record for purposes related to incarceration and supervision
800of an individual under the jurisdiction of the Board of Pardons and Parole, including for the 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
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801purpose of making decisions about:
802 (i) the treatment and programming of the individual;
803 (ii) housing of the individual;
804 (iii) applicable guidelines regarding the individual; or
805 (iv) supervision conditions for the individual;
806 (d) are not prohibited from disclosing or sharing any information in an expunged
807record with another agency that uses the same record management system as the Board of
808Pardons and Parole or the Department of Corrections; and
809 (e) are not required to mail an affidavit under Subsection (4)(b).
810 (6) Upon entry of an expungement order:
811 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
812detention for which the record is expunged is considered to have never occurred; and
813 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
814on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
815an arrest, an investigation, or a detention.
816 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
81780-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
818of the record.
819 Section 20. Repealer.
820 This bill repeals:
821 Section 80-6-1004, Requirements to apply to expunge an adjudication.
822 Section 80-6-1005, Nonjudicial adjustment expungement.
823 Section 80-6-1006, Effect of an expunged record -- Agency duties.
824 Section 21. Effective date.
825 This bill takes effect on October 1, 2023.