Enrolled Copy 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
6Cosponsors:
7Dan N. Johnson
Karianne Lisonbee
Karen M. Peterson
Ryan D. Wilcox
8
9LONG TITLE
10General Description:
11 This bill amends provisions related to juvenile justice.
12Highlighted Provisions:
13 This bill:
14 <addresses the use of juvenile delinquency records by public and private employers;
15 <requires the State Board of Education to include information about dangerous
16weapons in an annual report on school discipline and law enforcement action;
17 <modifies a reporting requirement regarding a minor found with a dangerous weapon
18on school grounds;
19 <modifies the jurisdiction of the juvenile court;
20 <amends provisions related to the inspection of juvenile records when a minor who is
2114 years old or older is charged with a felony offense;
22 <defines terms related to juvenile records;
23 <amends and clarifies provisions regarding the vacatur of an adjudication in the
24juvenile court;
25 <clarifies the release of certain juvenile records;
26 <amends provisions regarding a petition for expungement of a juvenile court record H.B. 60
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27with an adjudication, including the notice and hearing requirements for the petition;
28 <allows for a petition for expungement of a juvenile court record consisting of
29nonjudicial adjustments;
30 <allows for a petition for expungement of a juvenile court record consisting of
31records of arrest, investigation, detention, and delinquency petitions;
32 <allows for a petition for expungement of records regarding a petition where the
33allegations of delinquency were found to be not true;
34 <allows for the automatic expungement of a successful nonjudicial adjustment
35completed on or after October 1, 2023;
36 <provides the requirements for expunging juvenile records;
37 <addresses the distribution of an expungement order;
38 <addresses agency duties regarding expungement orders;
39 <addresses records in the custody of the Board of Pardons and Parole, the
40Department of Corrections, or the Division of Child and Family Services;
41 <addresses the effect of an expungement order;
42 <provides that certain individuals may view or inspect expunged juvenile records;
43 <repeals statutes related to the expungement of juvenile records; and
44 <makes technical and conforming changes.
45Money Appropriated in this Bill:
46 None
47Other Special Clauses:
48 This bill provides a special effective date.
49Utah Code Sections Affected:
50AMENDS:
51 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
52 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
53 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
54 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3 Enrolled Copy H.B. 60
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55 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
56 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
57 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
58 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
59 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
60 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
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 H.B. 60
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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
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) to an applicant with a criminal conviction if federal, state, or local law, including
104corresponding administrative rules, requires the consideration of [an] the applicant's criminal
105conviction history;
106 (b) to a public employer that is a law enforcement agency;
107 (c) to a public employer that is part of the criminal or juvenile justice system;
108 (d) to a public employer seeking a nonemployee volunteer;
109 (e) to a public employer that works with children or vulnerable adults; Enrolled Copy H.B. 60
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110 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
111 (g) to the State Tax Commission;
112 (h) to a public employer whose primary purpose is performing financial or fiduciary
113functions; and
114 (i) to a public transit district hiring or promoting an individual for a safety sensitive
115position described in Section 17B-2a-825.
116 Section 2. Section 34-52-301 is amended to read:
117 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
118delinquency history.
119 An applicant seeking employment from a private employer may answer a question
120related to an expunged criminal or juvenile delinquency record as though the action underlying
121the expunged criminal or juvenile delinquency record never occurred.
122 Section 3. Section 53E-3-516 is amended to read:
123 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
124authority.
125 (1) As used in this section:
126 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
127 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
128discipline a student of that public school that includes a suspension or expulsion.
129 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
13077-7a-103.
131 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
13280-1-102.
133 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
134interaction with a minor that does not result in an arrest, including:
135 (i) a search and seizure by an SRO;
136 (ii) issuance of a criminal citation;
137 (iii) issuance of a ticket or summons; H.B. 60
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138 (iv) filing a delinquency petition; or
139 (v) referral to a probation officer.
140 [(e)] (f) "School is in session" means the hours of a day during which a public school
141conducts instruction for which student attendance is counted toward calculating average daily
142membership.
143 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
144camp, clinic, or other event or activity that is authorized by a specific public school, according
145to LEA governing board policy, and satisfies at least one of the following conditions:
146 (A) the activity is managed or supervised by a school district, public school, or public
147school employee;
148 (B) the activity uses the school district or public school facilities, equipment, or other
149school resources; or
150 (C) the activity is supported or subsidized, more than inconsequentially, by public
151funds, including the public school's activity funds or Minimum School Program dollars.
152 (ii) "School-sponsored activity" includes preparation for and involvement in a public
153performance, contest, athletic competition, demonstration, display, or club activity.
154 [(g)] (h) "[Student] School resource officer" or "SRO" means the same as that term is
155defined in Section 53G-8-701.
156 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
157the following incidents that occur on school grounds while school is in session or during a
158school-sponsored activity:
159 (a) arrests of a minor;
160 (b) other law enforcement activities; [and]
161 (c) disciplinary actions[.]; and
162 (d) minors found in possession of a dangerous weapon.
163 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
164the state board and LEAs to provide and validate data and information necessary to complete
165the report described in Subsection (2), as requested by an LEA or the state board. Enrolled Copy H.B. 60
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166 (4) The report described in Subsection (2) shall include the following information
167listed separately for each LEA:
168 (a) the number of arrests of a minor, including the reason why the minor was arrested;
169 (b) the number of other law enforcement activities, including the following information
170for each incident:
171 (i) the reason for the other law enforcement activity; and
172 (ii) the type of other law enforcement activity used;
173 (c) the number of disciplinary actions imposed, including:
174 (i) the reason for the disciplinary action; and
175 (ii) the type of disciplinary action;
176 (d) the number of SROs employed; [and]
177 (e) if applicable, the demographics of an individual who is subject to, as the following
178are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
179 (f) the number of minors found in possession of a dangerous weapon on school
180grounds while school is in session or during a school-sponsored activity.
181 (5) The report described in Subsection (2) shall include the following information, in
182aggregate, for each element described in Subsections (4)(a) through (c):
183 (a) age;
184 (b) grade level;
185 (c) race;
186 (d) sex; and
187 (e) disability status.
188 (6) Information included in the annual report described in Subsection (2) shall comply
189with:
190 (a) Chapter 9, Part 3, Student Data Protection;
191 (b) Chapter 9, Part 2, Student Privacy; and
192 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
193 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the H.B. 60
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194state board shall make rules to compile the report described in Subsection (2).
195 (8) The state board shall provide the report described in Subsection (2) in accordance
196with Section 53E-1-203 for incidents that occurred during the previous school year.
197 Section 4. Section 53G-8-510 is amended to read:
198 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
199from civil and criminal liability.
200 (1) As used in this section:
201 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
202use or intended use is capable of causing death or serious bodily injury to an individual.
203 (b) "Minor" means the same as that term is defined in Section 80-1-102.
204 (c) "School employee" means an individual working in the individual's capacity as:
205 (i) a school teacher;
206 (ii) a school staff member;
207 (iii) a school administrator; or
208 (iv) an individual:
209 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
210school district; and
211 (B) who works on a school campus.
212 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
213 (e) "School-sponsored activity" means the same as that term is defined in Section
21453E-3-516.
215 (2) If a minor is found on school grounds when school is in session or at a
216school-sponsored activity in possession of a dangerous weapon and that information is reported
217to, or known by, a school employee, the school employee shall notify the principal.
218 (3) After receiving a notification under Subsection (2), the principal shall notify:
219 (a) a law enforcement officer or agency; and
220 (b) school or district personnel if the principal determines that school or district
221personnel should be informed. Enrolled Copy H.B. 60
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222 [(1) Whenever a student is found on school property during school hours or at a
223school-sponsored activity in possession of a dangerous weapon and that information is reported
224to or known by the principal, the principal shall notify law enforcement personnel and school
225or district personnel who, in the opinion of the principal, should be informed.]
226 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
227(3) and any person who receives the information is immune from any liability, civil or criminal,
228that might otherwise result from the reporting or receipt of the information.
229 Section 5. Section 62A-5-308 is amended to read:
230 62A-5-308. Commitment -- Individual who is under 18 years old.
231 (1) The director of the division, or the director's designee, may commit an individual
232under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
233to the division for observation, diagnosis, care, and treatment if that commitment is based on:
234 (a) an emergency commitment in accordance with Section 62A-5-311; or
235 (b) involuntary commitment in accordance with Section 62A-5-312.
236 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
237commenced by filing a written petition with the juvenile court under Section 62A-5-312.
238 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
239described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
240 (b) A juvenile court shall proceed with the written petition in the same manner and
241with the same authority as the district court.
242 (4) If an individual who is under 18 years old is committed to the custody of the Utah
243State Developmental Center by the juvenile court, the director or the director's designee shall
244give the juvenile court written notice of the intention to release the individual not fewer than
245five days before the day on which the individual is released.
246 Section 6. Section 77-38-14 is amended to read:
247 77-38-14. Notice of expungement petition -- Victim's right to object.
248 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
249prepare a document explaining the right of a victim or a victim's representative to object to a H.B. 60
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250petition for expungement under Section 77-40a-305 or [80-6-1004] 80-6-1004.1 and the
251procedures for obtaining notice of the petition.
252 (b) The department or division shall provide each trial court a copy of the document
253that has jurisdiction over delinquencies or criminal offenses subject to expungement.
254 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
255accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
256shall provide a copy of the document to each person who would be entitled to notice of a
257petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
258 Section 7. Section 78A-6-103 is amended to read:
259 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
260Findings -- Transfer of a case from another court.
261 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
262court has original jurisdiction over:
263 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
264state, or federal law, that was committed by a child;
265 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
266state, or federal law, that was committed by an individual:
267 (i) who is under 21 years old at the time of all court proceedings; and
268 (ii) who was under 18 years old at the time the offense was committed; and
269 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
270law, that was committed:
271 (i) by an individual:
272 (A) who was 18 years old and enrolled in high school at the time of the offense; and
273 (B) who is under 21 years old at the time of all court proceedings; and
274 (ii) on school property where the individual was enrolled:
275 (A) when school was in session; or
276 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
277 (2) The juvenile court has original jurisdiction over: Enrolled Copy H.B. 60
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278 (a) any proceeding concerning:
279 [(a)] (i) a child who is an abused child, neglected child, or dependent child;
280 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
281Child Protective Orders;
282 [(c)] (iii) the appointment of a guardian of the individual or other guardian of a minor
283who comes within the court's jurisdiction under other provisions of this section;
284 [(d)] (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
285Emancipation;
286 [(e)] (v) the termination of parental rights in accordance with Title 80, Chapter 4,
287Termination and Restoration of Parental Rights, including termination of residual parental
288rights and duties;
289 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability;
290 [(g)] (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
291accordance with Section 30-1-9;
292 [(h)] (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
293 [(i)] (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
294 [(j)] (x) the treatment or commitment of a child with a mental illness;
295 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance
296with Section 62A-15-301;
297 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter
2986, Part 4, Competency;
299 [(m)] (xiii) de novo review of final agency actions resulting from an informal
300adjudicative proceeding as provided in Section 63G-4-402;
301 [(n)] (xiv) adoptions conducted in accordance with the procedures described in Title
30278B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
303terminating the rights of a parent and finds that adoption is in the best interest of the child;
304 [(o)] (xv) an ungovernable or runaway child who is referred to the juvenile court by the
305Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of H.B. 60
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306Juvenile Justice Services, the child has demonstrated that the child:
307 [(i)] (A) is beyond the control of the child's parent, guardian, or custodian to the extent
308that the child's behavior or condition endangers the child's own welfare or the welfare of others;
309or
310 [(ii)] (B) has run away from home; and
311 [(p)] (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for
312an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
313comply with a promise to appear and bring a child to the juvenile court[.];
314 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
315Expungement; and
316 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
317 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
318law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection
319[(2)(p)] (2)(a)(xvi), (b), or (c).
320 (4) This section does not restrict the right of access to the juvenile court by private
321agencies or other persons.
322 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
323arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
324 (6) The juvenile court has jurisdiction to make a finding of substantiated,
325unsubstantiated, or without merit, in accordance with Section 80-3-404.
326 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
327another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
328 Section 8. Section 78A-6-209 is amended to read:
329 78A-6-209. Court records -- Inspection.
330 (1) The juvenile court and the juvenile court's probation department shall keep records
331as required by the board and the presiding judge.
332 (2) A court record shall be open to inspection by:
333 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties Enrolled Copy H.B. 60
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334in the case, the attorneys, and agencies to which custody of a minor has been transferred;
335 (b) for information relating to adult offenders alleged to have committed a sexual
336offense, a felony or class A misdemeanor drug offense, or an offense against the person under
337Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
338purpose of evaluating whether an individual should be permitted to obtain or retain a license as
339an educator or serve as an employee or volunteer in a school, with the understanding that the
340State Board of Education must provide the individual with an opportunity to respond to any
341information gathered from the State Board of Education's inspection of the records before the
342State Board of Education makes a decision concerning licensure or employment;
343 (c) the Criminal Investigations and Technical Services Division, established in Section
34453-10-103, for the purpose of a criminal history background check for the purchase of a firearm
345and establishing good character for issuance of a concealed firearm permit as provided in
346Section 53-5-704;
347 (d) the Division of Child and Family Services for the purpose of Child Protective
348Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
349hearings in accordance with Section 80-2-707;
350 (e) the Office of Licensing for the purpose of conducting a background check in
351accordance with Section 62A-2-120;
352 (f) for information related to a minor who has committed a sexual offense, a felony, or
353an offense that if committed by an adult would be a misdemeanor, the Department of Health
354for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
355licensee should be permitted to obtain or retain a license to provide child care, with the
356understanding that the department must provide the individual who committed the offense with
357an opportunity to respond to any information gathered from the Department of Health's
358inspection of records before the Department of Health makes a decision concerning licensure;
359 (g) for information related to a minor who has committed a sexual offense, a felony, or
360an offense that if committed by an adult would be a misdemeanor, the Department of Health to
361determine whether an individual meets the background screening requirements of Title 26, H.B. 60
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362Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
363department must provide the individual who committed the offense an opportunity to respond
364to any information gathered from the Department of Health's inspection of records before the
365Department of Health makes a decision under that part; and
366 (h) for information related to a minor who has committed a sexual offense, a felony, or
367an offense that if committed by an adult would be a misdemeanor, the Department of Health to
368determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
369an individual who is seeking or who has obtained an emergency medical service personnel
370license under Section 26-8a-302, with the understanding that the Department of Health must
371provide the individual who committed the offense an opportunity to respond to any information
372gathered from the Department of Health's inspection of records before the Department of
373Health makes a determination.
374 (3) With the consent of the juvenile court, a court record may be inspected by the child,
375by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
376research studies.
377 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
378who is 14 years old or older with an offense that would be a felony if committed by an adult,
379the juvenile court shall make available to any person upon request the petition, any
380adjudication or disposition orders, and the delinquency history summary for the minor.
381 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
382if the juvenile court finds, on the record, that the records are closed for good cause.
383 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
384that would be a felony if committed by an adult, the juvenile court shall make available to any
385person upon request the petition, any adjudication or disposition orders, and the delinquency
386history summary of the minor charged unless the records are closed by the juvenile court upon
387findings on the record for good cause.]
388 (5) A juvenile probation officer's records and reports of social and clinical studies are
389not open to inspection, except by consent of the juvenile court, given under rules adopted by Enrolled Copy H.B. 60
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390the board.
391 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
392retrieving a requested record that has been archived.
393 Section 9. Section 78A-6-358 is amended to read:
394 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
395 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
396minor is 21 years old, except:
397 (a) for an order of commitment to the Utah State Developmental Center or to the
398custody of the Division of Substance Abuse and Mental Health;
399 (b) for an adoption under Subsection [78A-6-103(2)(n)] 78A-6-103(2)(a)(xiv);
400 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
401under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
402 (d) for a permanent order of custody and guardianship under Subsection
40380-3-405(2)(d);
404 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
405 (f) as provided in Subsection (2).
406 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
407court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
408under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
409minor is 25 years old.
410 Section 10. Section 78B-6-105 is amended to read:
411 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
412over nonresidents -- Time for filing.
413 (1) An adoption proceeding shall be commenced by filing a petition in:
414 (a) the district court in the district where the prospective adoptive parent resides;
415 (b) if the prospective adoptive parent is not a resident of this state, the district court in
416the district where:
417 (i) the adoptee was born; H.B. 60
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418 (ii) the adoptee resides on the day on which the petition is filed; or
419 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
420or
421 (c) the juvenile court as provided in Subsection [78A-6-103(2)(n)]
42278A-6-103(2)(a)(xiv) and Section 78A-6-350.
423 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
424filed with the clerk of the court where the adoption proceeding is commenced under Subsection
425(1).
426 (3) A petition for adoption:
427 (a) may be filed before the birth of a child;
428 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
429the purpose of adoption; and
430 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
431the home of the petitioners for the purpose of adoption, unless:
432 (i) the time for filing has been extended by the court; or
433 (ii) the adoption is arranged by a child-placing agency in which case the agency may
434extend the filing time.
435 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
436or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
437shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
438provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
439 (b) The notice may not include the name of:
440 (i) a prospective adoptive parent; or
441 (ii) an unmarried mother without her consent.
442 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
443over the person served in the same manner and to the same extent as if the person served was
444served personally within the state.
445 (6) In the case of service outside the state, service completed not less than five days Enrolled Copy H.B. 60
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446before the time set in the notice for appearance of the person served is sufficient to confer
447jurisdiction.
448 (7) Computation of periods of time not otherwise set forth in this section shall be made
449in accordance with the Utah Rules of Civil Procedure.
450 Section 11. Section 80-6-1001 is amended to read:
451 80-6-1001. Definitions.
452 As used in this part:
453 (1) "Abstract" means a copy or summary of a court's disposition.
454 (2) (a) "Agency" means a state, county, or local government entity that generates or
455maintains records [relating to a nonjudicial adjustment or an adjudication] for which
456expungement may be ordered under this part.
457 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
458purposes of this part.
459 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
460individual's juvenile record and in the custody of the juvenile court or an agency.
461 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
462individual that are in the custody of the juvenile court or an agency.
463 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
464Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
465Parental Rights.
466 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
467part.
468 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
469by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
470of an offense in the juvenile court.]
471 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
472renumbered and amended to read:
473 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts. H.B. 60
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474 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
475expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
476destroyed by an agency.]
477 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
478 [(2)] (1) A court or agency with custody of an individual's record related to an offense
479that the individual is alleged to have committed, or an offense that the individual committed,
480before the individual was 18 years old may not disclose the record to a federal agency that is
481responsible for criminal justice research or proceedings unless the court or the agency is
482required to share the record under state or federal law.
483 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
484traffic offense shall be submitted to the Department of Public Safety as provided in Section
48553-3-218.
486 Section 13. Section 80-6-1002 is amended to read:
487 80-6-1002. Vacatur of an adjudication.
488 (1) [(a) An individual who has been adjudicated under this chapter may petition the
489juvenile court for vacatur of the individual's juvenile court records and any related records in
490the custody of an agency if the record relates to:]
491 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
492 [(ii) an adjudication that was based on an offense that the petitioner engaged in while
493subject to force, fraud, or coercion, as defined in Section 76-5-308.]
494 (a) An individual who has been adjudicated for an offense by the juvenile court may
495petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
496of:
497 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
498trafficking for labor while subject to force, fraud, or coercion;
499 (ii) Section 76-10-1302, prostitution;
500 (iii) Section 76-10-1304, aiding prostitution; or
501 (iv) Section 76-10-1313, sexual solicitation. Enrolled Copy H.B. 60
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502 (b) The petitioner shall include in the petition the relevant juvenile court incident
503number and any agencies known or alleged to have any [documents] records related to the
504offense for which vacatur is being sought.
505 (c) The petitioner shall include with the petition the original criminal history report
506obtained from the Bureau of Criminal Identification in accordance with the provisions of
507Section 53-10-108.
508 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
509prosecution district, the district attorney] prosecuting attorney.
510 (2) (a) Upon the filing of a petition, the juvenile court shall:
511 (i) set a date for a hearing; and
512 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
513notify the prosecuting attorney and any affected agency identified in the juvenile record:
514 (A) that a petition has been filed; and
515 (B) of the date of the hearing.
516 [(ii) notify the county attorney or district attorney and the agency with custody of the
517records at least 30 days prior to the hearing of the pendency of the petition; and]
518 [(iii) notify the county attorney or district attorney and the agency with records the
519petitioner is asking the juvenile court to vacate of the date of the hearing.]
520 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
521of a petition for vacatur.
522 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
523hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
524is incapacitated or deceased, the victim's next of kin or authorized representative,]
525 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
526receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
527next of kin or authorized representative if the victim is a child or an individual who is
528incapacitated or deceased, submits a written and signed request for notice to the court in the
529judicial district in which the crime occurred or judgment was entered. H.B. 60
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530 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
531the petition.
532 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
533person who may have relevant information about the petitioner may testify.
534 [(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
535and any other person who may have relevant information about the petitioner may testify.]
536 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of
537an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
538shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
539Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
540 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the
541petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
542of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
543adjudication.
544 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
545deny vacatur of the adjudication.
546 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
54776-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
548Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
549adjudication unless the petitioner acted as a purchaser of any sexual activity.
550 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
551records under the control of the juvenile court and any of the petitioner's records under the
552control of any other agency or official]
553 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
554an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
555expungement of all records in the petitioner's juvenile record pertaining to the incident
556identified in the petition, including relevant related records contained in the Management
557Information System and the Licensing Information System. Enrolled Copy H.B. 60
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558 (b) The juvenile court may not order expungement of any record in the petitioner's
559juvenile record that contains an adjudication for a violation of:
560 (i) Section 76-5-202, aggravated murder; or
561 (ii) Section 76-5-203, murder.
562 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
563expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
564officials.
565 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
566the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
567all references to the petitioner's name in the records pertaining to the relevant adjudicated
568juvenile court incident.
569 (7) (a) Upon entry of a vacatur and expungement order under this section:
570 (i) the proceedings in the incident identified in the petition are considered never to
571have occurred; and
572 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
573occurred.
574 (b) Upon petition, any record expunged under this section may only be released to or
575viewed by:
576 (i) the individual who is the subject of the record; or
577 (ii) a person named in the petition of vacatur.
578 [(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
579petition shall be considered never to have occurred and the petitioner may properly reply
580accordingly upon any inquiry in the matter.]
581 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
582upon petition by the individual who is the subject of the records, and only to persons named in
583the petition.]
584 [(6) The juvenile court may not vacate a juvenile court record if the record contains an
585adjudication of:] H.B. 60
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586 [(a) Section 76-5-202, aggravated murder; or]
587 [(b) Section 76-5-203, murder.]
588 Section 14. Section 80-6-1004.1 is enacted to read:
589 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
590Order.
591 (1) An individual may petition the juvenile court for an order to expunge the
592individual's juvenile record if:
593 (a) the individual was adjudicated for an offense in the juvenile court;
594 (b) the individual has reached 18 years old; and
595 (c) at least one year has passed from the day on which:
596 (i) the juvenile court's continuing jurisdiction was terminated; or
597 (ii) if the individual was committed to secure care, the individual was unconditionally
598released from the custody of the division.
599 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
600(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
601Identification in accordance with Section 53-10-108.
602 (3) If the juvenile court finds and states on the record the reason why the waiver is
603appropriate, the juvenile court may waive:
604 (a) the age requirement under Subsection (1)(b) for a petition; or
605 (b) the one-year requirement under Subsection (1)(c) for a petition.
606 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
607shall:
608 (i) set a date for a hearing; and
609 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
610notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
611record:
612 (A) that the petition has been filed; and
613 (B) of the date of the hearing. Enrolled Copy H.B. 60
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614 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
615of a petition described in Subsection (1).
616 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
617of the petition at least 30 days before the day on which the hearing is scheduled if, before the
618day on which an expungement order is made, the victim, or the victim's next of kin or
619authorized representative if the victim is a child or an individual who is incapacitated or
620deceased, submits a written and signed request for notice to the juvenile court in the judicial
621district in which the offense occurred or judgment is entered.
622 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
623and any statutes and rules applicable to the petition.
624 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
625may have relevant information about the petitioner may testify.
626 (d) The juvenile court may waive the hearing for the petition if:
627 (i) (A) there is no victim; or
628 (B) if there is a victim, the victim agrees to the waiver; and
629 (ii) the prosecuting attorney agrees to the waiver.
630 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
631described in Subsection (1) and order expungement of the petitioner's juvenile record if the
632juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
633accordance with Subsection (5)(b).
634 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
635court shall consider:
636 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
637petitioner;
638 (ii) the petitioner's response to programs and treatment;
639 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
640 (iv) the petitioner's behavior subsequent to adjudication;
641 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record; H.B. 60
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642and
643 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
644(b)(ii):
645 (A) whether the offense for which the petitioner is a restricted person was committed
646with a weapon;
647 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
648to public safety; and
649 (C) the amount of time that has passed since the adjudication of the offense for which
650the petitioner is a restricted person.
651 (6) The juvenile court may not grant a petition described in Subsection (1) and order
652expungement of the petitioner's juvenile record if:
653 (a) the petitioner has been convicted of a violent felony within five years before the day
654on which the petition for expungement is filed;
655 (b) there are delinquency or criminal proceedings pending against the petitioner;
656 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
657court for an adjudication in the petitioner's juvenile record;
658 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
659adjustment in the petitioner's juvenile record; or
660 (e) the petitioner's juvenile record contains an adjudication for a violation of:
661 (i) Section 76-5-202, aggravated murder; or
662 (ii) Section 76-5-203, murder.
663 Section 15. Section 80-6-1004.2 is enacted to read:
664 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
665 (1) An individual may petition the juvenile court for an order to expunge the
666individual's juvenile record if:
667 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
668 (b) the individual's juvenile record is not eligible for automatic expungement under
669Section 80-6-1004.5; and Enrolled Copy H.B. 60
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670 (c) the individual has reached 18 years old.
671 (2) If the juvenile court finds and states on the record the reason why the waiver is
672appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
673petition.
674 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
675described in Subsection (1) and order expungement of the petitioner's juvenile record.
676 (4) The juvenile court may not grant a petition described in Subsection (1) and order
677expungement of the petitioner's juvenile record if:
678 (a) there are delinquency or criminal proceedings pending against the petitioner; or
679 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
680adjustment in the petitioner's juvenile record.
681 Section 16. Section 80-6-1004.3 is enacted to read:
682 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
683petition -- Screening -- Order.
684 (1) An individual may petition the juvenile court for an order to expunge the
685individual's juvenile record if:
686 (a) the individual's juvenile record consists solely of records of arrest, investigation,
687detention, or petitions that did not result in adjudication;
688 (b) the individual was not adjudicated for an offense in the juvenile court; and
689 (c) the individual has reached 18 years old.
690 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
691(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
692Identification in accordance with Section 53-10-108.
693 (3) If the juvenile court finds and states on the record the reason why the waiver is
694appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
695petition.
696 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
697notify the prosecuting attorney that the petition has been filed. H.B. 60
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698 (b) Within 30 days after the day on which the notification is sent under Subsection
699(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
700meets the requirements for expungement under this section.
701 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
702described in Subsection (1) and order expungement of the petitioner's juvenile record if each
703case identified in the petition:
704 (a) has been screened by the investigating law enforcement agency and the prosecuting
705attorney has determined that no charges will be filed against the individual;
706 (b) resulted in all charges in the case being dismissed with prejudice;
707 (c) resulted in all charges in the case being dismissed without prejudice or without
708condition and the prosecuting attorney consents to the expungement; or
709 (d) is barred from prosecution by the statute of limitations.
710 (6) The juvenile court may not grant a petition described in Subsection (1) and order
711expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
712pending against the petitioner.
713 Section 17. Section 80-6-1004.4 is enacted to read:
714 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
715 (1) An individual may petition the juvenile court, at any time, for an order to expunge
716all records in the individual's juvenile record pertaining to an incident where a petition was
717filed if:
718 (a) the incident was presented to the juvenile court for adjudication based upon an
719admission, plea, or trial;
720 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
721petition to be true;
722 (c) at least 30 days have passed since the day on which the juvenile court did not find
723the allegations in the petition to be true; and
724 (d) an appeal has not been filed for the petition within the 30-day period described in
725Subsection (1)(c). Enrolled Copy H.B. 60
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726 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
727(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
728Identification in accordance with Section 53-10-108.
729 (3) The juvenile court shall grant a petition described in Subsection (1), without a
730hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
731the incident.
732 Section 18. Section 80-6-1004.5 is enacted to read:
733 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
734Effect of successful nonjudicial adjustment.
735 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
736petition, an order to expunge an individual's juvenile record if:
737 (a) the individual has reached 18 years old;
738 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
739 (c) the individual has successfully completed each nonjudicial adjustment; and
740 (d) all nonjudicial adjustments were completed on or after October 1, 2023.
741 (2) An individual's juvenile record is not eligible for expungement under Subsection
742(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
743 (a) Section 41-6a-502, driving under the influence;
744 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
745serious bodily injury;
746 (c) Section 76-5-206, negligent homicide;
747 (d) Section 76-9-702.1, sexual battery;
748 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
749shotgun on or about school premises; or
750 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
751 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
752were completed before October 1, 2023:
753 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never H.B. 60
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754have occurred if:
755 (i) the individual has reached 18 years old;
756 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
757adjustment in the individual's juvenile record; and
758 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
759Subsection (2); and
760 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
761there never was a nonjudicial adjustment.
762 Section 19. Section 80-6-1006.1 is enacted to read:
763 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
764order -- Agency duties -- Effect of expungement -- Access to expunged record.
765 (1) This section applies to an expungement order under Section 80-6-1004.1,
76680-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
767 (2) The juvenile court may not order:
768 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
769in the possession of the Board of Pardons and Parole or the Department of Corrections, except
770that the juvenile court may order the Board of Pardons and Parole and the Department of
771Corrections to restrict access to a record if the record is specifically identified in the
772expungement order as a record in the possession of the Board of Pardons and Parole or the
773Department of Corrections; or
774 (b) the Division of Child and Family Services to expunge a record in an individual's
775juvenile record that is contained in the Management Information System or the Licensing
776Information System unless:
777 (i) the record is unsupported; or
778 (ii) after notice and an opportunity to be heard, the Division of Child and Family
779Services stipulates in writing to expunging the record.
780 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
781copy of the expungement order to any affected agency or official identified in the juvenile Enrolled Copy H.B. 60
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782record.
783 (b) An individual who is the subject of an expungement order may deliver copies of the
784expungement order to all agencies and officials affected by the expungement order.
785 (4) (a) Upon receipt of an expungement order, an agency shall:
786 (i) to avoid destruction or expungement of records in whole or in part, expunge only
787the references to the individual's name in the records relating to the individual's adjudication,
788nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
789ordered; and
790 (ii) destroy all photographs and records created under Section 80-6-608, except that a
791record of a minor's fingerprints may not be destroyed by an agency.
792 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
793the individual who is the subject of the expungement order, or the individual's attorney, that the
794agency has complied with the expungement order.
795 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
796Department of Corrections:
797 (a) may not disclose records expunged in an expungement order unless required by
798law;
799 (b) are not required to destroy any photograph or record created under Section
80080-6-608;
801 (c) may use an expunged record for purposes related to incarceration and supervision
802of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
803purpose of making decisions about:
804 (i) the treatment and programming of the individual;
805 (ii) housing of the individual;
806 (iii) applicable guidelines regarding the individual; or
807 (iv) supervision conditions for the individual;
808 (d) are not prohibited from disclosing or sharing any information in an expunged
809record with another agency that uses the same record management system as the Board of H.B. 60
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810Pardons and Parole or the Department of Corrections; and
811 (e) are not required to mail an affidavit under Subsection (4)(b).
812 (6) Upon entry of an expungement order:
813 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
814detention for which the record is expunged is considered to have never occurred; and
815 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
816on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
817an arrest, an investigation, or a detention.
818 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
81980-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
820of the record.
821 Section 20. Repealer.
822 This bill repeals:
823 Section 80-6-1004, Requirements to apply to expunge an adjudication.
824 Section 80-6-1005, Nonjudicial adjustment expungement.
825 Section 80-6-1006, Effect of an expunged record -- Agency duties.
826 Section 21. Effective date.
827 This bill takes effect on October 1, 2023.