Utah 2025 Regular Session

Utah House Bill HB0137 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	01-08 15:13 H.B. 137
2	2	1
3	3	Human Trafficking Expungement Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Ariel Defay
7	7	2
8	8
9	9	3
10	10	LONG TITLE
11	11	4
12	12	General Description:
13	13	5
14	14	This bill addresses the expungement of offenses for human trafficking victims.
15	15	6
16	16	Highlighted Provisions:
17	17	7
18	18	This bill:
19	19	8
20	20	▸ allows an individual to file a petition for expungement, without a certificate of eligibility,
21	21	9
22	22	if the individual is seeking an expungement of records for prostitution, aiding
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24	24	prostitution, or sexual solicitation and the individual was subject to force, fraud, or
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26	26	coercion at the time of the conduct;
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28	28	▸ addresses an order for expungement when the individual is seeking an expungement of
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30	30	records for prostitution, aiding prostitution, or sexual solicitation; and
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32	32	▸ makes technical and conforming changes.
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34	34	Money Appropriated in this Bill:
35	35	16
36	36	None
37	37	17
38	38	Other Special Clauses:
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40	40	None
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42	42	Utah Code Sections Affected:
43	43	20
44	44	AMENDS:
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46	46	77-40a-301, as last amended by Laws of Utah 2024, Chapter 180
47	47	22
48	48	77-40a-305, as last amended by Laws of Utah 2024, Chapter 180
49	49	23
50	50	77-40a-306, as last amended by Laws of Utah 2024, Chapter 180
51	51	24
52	52	78A-2-302, as last amended by Laws of Utah 2024, Chapter 180
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54	54
55	55	26
56	56	Be it enacted by the Legislature of the state of Utah:
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58	58	Section 1. Section 77-40a-301 is amended to read:
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60	60	77-40a-301 . Application for certificate of eligibility for expungement -- Penalty
61	61	29
62	62	for false or misleading information on application.
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64	64	(1) If an individual seeks to expunge the individual's criminal record in regard to an arrest,
65	65	31
66	66	investigation, detention, or conviction, the individual shall: H.B. 137 01-08 15:13
67	67	32
68	68	(a) except as provided in Subsection 77-40a-305(3)[ or (4)], apply to the bureau for a
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70	70	certificate of eligibility for expungement of the criminal record and pay the
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72	72	application fee as described in Section 77-40a-304;
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74	74	(b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for the
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76	76	certificate of eligibility or special certificate as described in Section 77-40a-304 if the
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78	78	individual is eligible to receive a certificate of eligibility or special certificate; and
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80	80	(c) file a petition for expungement in accordance with Section 77-40a-305.
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82	82	(2)(a) An individual who intentionally or knowingly provides any false or misleading
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84	84	information to the bureau when applying for a certificate of eligibility is guilty of a
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86	86	class B misdemeanor and subject to prosecution under Section 76-8-504.6.
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88	88	(b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate
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90	90	of eligibility to anyone who knowingly provides false information on an application.
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92	92	Section 2. Section 77-40a-305 is amended to read:
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94	94	77-40a-305 . Petition for expungement -- Prosecutorial responsibility -- Hearing.
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96	96	(1)(a) The petitioner shall file a petition for expungement in accordance with Rule 42 of
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98	98	the Utah Rules of Criminal Procedure.
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100	100	(b) A petitioner shall include the identification number for the certificate of eligibility or
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102	102	special certificate described in Subsection 77-40a-304(2)(b)(ii) in the petition for
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104	104	expungement, unless the petitioner is not required to obtain a certificate of eligibility
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106	106	under Subsection (3)[ or (4)].
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108	108	(c) Information on a certificate of eligibility is incorporated into a petition by reference
109	109	53
110	110	to the identification number for the certificate of eligibility.
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112	112	(d) A petitioner shall bring a petition for expungement:
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114	114	(i) in the court where the criminal case was filed; or
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116	116	(ii) if charges were never filed, in the district court in the county in which the arrest
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118	118	occurred or the citation is issued.
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120	120	(2)(a) If a petition for expungement is filed under Subsection (1)(a), the court shall
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122	122	obtain a certificate of eligibility or special certificate from the bureau.
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124	124	(b) A court may not accept a petition for expungement if the certificate of eligibility or
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126	126	special certificate is no longer valid as described in Subsection 77-40a-304(2)(b)(i).
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128	128	(3) Notwithstanding Subsection (2), the petitioner may file a petition [for expungement of a
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130	130	traffic offense case] to expunge records, without obtaining a certificate of eligibility[ if] ,
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132	132	of:
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134	134	(a) a traffic offense case if:
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137	137	[(a)] (i)[(i)] (A) for a traffic offense case with a class C misdemeanor or infraction,
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139	139	at least three years have passed after the day on which the case was adjudicated
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141	141	or dismissed; or
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143	143	[(ii)] (B) for a traffic offense case with a class B misdemeanor, at least four years
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145	145	have passed after the day on which the case was adjudicated or dismissed;
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147	147	[(b)] (ii) there is no traffic offense case pending against the petitioner;
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149	149	[(c)] (iii) there is no plea in abeyance for a traffic offense case pending against the
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151	151	petitioner; and
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153	153	[(d)] (iv) the petitioner is not currently on probation for a traffic offense case[.] ;
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155	155	[(4)] (b) [Notwithstanding Subsection (2), a petitioner may file a petition for
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157	157	expungement of a record for ]a conviction related to cannabis possession [without a
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159	159	certificate of eligibility ]if the petition demonstrates that:
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161	161	[(a)] (i) the petitioner had, at the time of the relevant arrest or citation leading to the
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163	163	conviction, a qualifying condition, as that term is defined in Section 26B-4-201;
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165	165	and
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167	167	[(b)] (ii) the possession of cannabis in question was in a form and an amount to
168	168	82
169	169	medicinally treat the qualifying condition described in Subsection [(4)(a).] (3)(b)(i);
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171	171	or
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173	173	(c) an arrest, a charge, or a conviction for prostitution under Section 76-10-1302, aiding
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175	175	prostitution under Section 76-10-1304, or sexual solicitation under Section
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177	177	76-10-1313, if the petition demonstrates that the petitioner was subject to force,
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179	179	fraud, or coercion at the time of the conduct giving rise to the arrest, charge, or
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181	181	conviction.
182	182	89
183	183	[(5)] (4)(a) The court shall provide notice of a filing of a petition and certificate of
184	184	90
185	185	eligibility or special certificate to the prosecutorial office that handled the court
186	186	91
187	187	proceedings within three days after the day on which the petitioner's filing fee is paid
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189	189	or waived.
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191	191	(b) If there were no court proceedings, the court shall provide notice of a filing of a
192	192	94
193	193	petition and certificate of eligibility or special certificate to the county attorney's
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195	195	office in the jurisdiction where the arrest occurred.
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197	197	(c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention, or
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199	199	conviction, was a city attorney's office, the county attorney's office in the jurisdiction
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201	201	where the arrest occurred shall immediately notify the city attorney's office that the
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203	203	county attorney's office has received a notice of a filing of a petition for expungement.
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206	206	[(6)] (5)(a) Upon receipt of a notice of a filing of a petition for expungement of a
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208	208	conviction or a charge dismissed in accordance with a plea in abeyance, the
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210	210	prosecuting attorney shall make a reasonable effort to provide notice to any victim of
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212	212	the conviction or charge.
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214	214	(b) The notice under Subsection [(6)(a)] (5)(a) shall:
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216	216	(i) include a copy of the petition, certificate of eligibility or special certificate,
217	217	106
218	218	statutes, and rules applicable to the petition;
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220	220	(ii) state that the victim has a right to object to the expungement; and
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222	222	(iii) provide instructions for registering an objection with the court.
223	223	109
224	224	[(7)] (6)(a) The prosecuting attorney may respond to the petition by filing a
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226	226	recommendation or objection with the court within 35 days after the day on which
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228	228	the notice of the filing of the petition is sent by the court to the prosecuting attorney.
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230	230	(b) If there is a victim of the offense for which expungement is sought, the victim may
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232	232	respond to the petition by filing a recommendation or objection with the court within
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234	234	60 days after the day on which the petition for expungement was filed with the court.
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236	236	[(8)] (7)(a) The court may request a written response to the petition from the Division of
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238	238	Adult Probation and Parole within the Department of Corrections.
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240	240	(b) If requested, the response prepared by the Division of Adult Probation and Parole
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242	242	shall include:
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244	244	(i) the reasons probation was terminated; and
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246	246	(ii) certification that the petitioner has completed all requirements of sentencing and
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248	248	probation or parole.
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250	250	(c) The Division of Adult Probation and Parole shall provide a copy of the response to
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252	252	the petitioner and the prosecuting attorney.
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254	254	[(9)] (8) The petitioner may respond in writing to any objections filed by the prosecuting
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256	256	attorney or the victim and the response prepared by the Division of Adult Probation and
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258	258	Parole within 14 days after the day on which the objection or response is received.
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260	260	[(10)] (9)(a) If the court receives an objection concerning the petition from any party, the
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262	262	court shall set a date for a hearing and notify the petitioner and the prosecuting
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264	264	attorney of the date set for the hearing.
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266	266	(b) The prosecuting attorney shall notify the victim of the date set for the hearing.
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268	268	(c) The petitioner, the prosecuting attorney, the victim, and any other person who has
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270	270	relevant information about the petitioner may testify at the hearing.
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272	272	(d) The court shall review the petition, the certificate of eligibility or special certificate,
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275	275	and any written responses submitted regarding the petition.
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277	277	[(11)] (10) If no objection is received within 60 days from the day on which the petition for
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279	279	expungement is filed with the court, the expungement may be granted without a hearing.
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281	281	[(12)] (11)(a) If the petitioner seeks a waiver of the fee required for a petition for
282	282	138
283	283	expungement in accordance with Section 78A-2-302, the court shall consider the
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285	285	total number of cases for which the petitioner has received a certificate of eligibility
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287	287	and is seeking expungement in determining whether the petitioner is indigent under
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289	289	Subsection 78A-2-302(3)(e) even if the court does not have jurisdiction over a case
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291	291	for which the petitioner is seeking expungement.
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293	293	(b) If a court grants a waiver of the fee required for a petition for expungement in
294	294	144
295	295	accordance with Section 78A-2-302, and only upon a request from the petitioner, a
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297	297	subsequent court shall grant a waiver of a fee for a petition for expungement if the
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299	299	prior court waived the fee for a petition for expungement within 180 days before the
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301	301	day on which the petitioner filed the petition for expungement with the subsequent
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303	303	court.
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305	305	Section 3. Section 77-40a-306 is amended to read:
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307	307	77-40a-306 . Order of expungement.
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309	309	(1) If a petition for expungement is filed in accordance with Section 77-40a-305, the court
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311	311	shall issue an order of expungement if the court finds, by clear and convincing evidence,
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313	313	that:
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315	315	(a) except as provided in Subsection (1)(b) and Subsection 77-40a-305(3)[ or (4)]:
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317	317	(i) the certificate of eligibility is valid and contains the information needed for the
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319	319	court to issue an order for expungement; and
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321	321	(ii) the statutory requirements for expungement have been met;
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323	323	(b) if the petitioner obtained a special certificate from the bureau:
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325	325	(i) the special certificate is valid; and
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327	327	(ii) there is sufficient information in the petition for the court to determine that the
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329	329	statutory requirements for expungement have been met;
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331	331	(c) if the petitioner seeks expungement after a case is dismissed without prejudice or
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333	333	without condition, the prosecuting attorney provided written consent and has not filed
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335	335	and does not intend to refile related charges;
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337	337	(d) if the petitioner seeks expungement without a certificate of eligibility for
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339	339	expungement [under Subsection 77-40a-305(4) for a record of ] for a conviction
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341	341	related to cannabis possession as described in Subsection 77-40a-305(3)(b):
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344	344	(i) the petitioner had, at the time of the relevant arrest or citation leading to the
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346	346	conviction, a qualifying condition, as that term is defined in Section 26B-4-201;
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348	348	and
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350	350	(ii) the possession of cannabis in question was in a form and an amount to
351	351	172
352	352	medicinally treat the qualifying condition described in Subsection (1)(d)(i);
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354	354	(e) the petitioner was subject to force, fraud, or coercion at the time of the conduct
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356	356	giving rise to the arrest, charge, or conviction if the petitioner seeks expungement
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358	358	without a certificate of eligibility as described in Subsection 77-40a-305(3)(c) for an
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360	360	arrest, a charge, or a conviction for prostitution under Section 76-10-1302, aiding
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362	362	prostitution under Section 76-10-1304, or sexual solicitation under Section
363	363	178
364	364	76-10-1313;
365	365	179
366	366	[(e)] (f) if an objection is received, the petition for expungement is for a charge dismissed
367	367	180
368	368	in accordance with a plea in abeyance agreement, and the charge is an offense
369	369	181
370	370	eligible to be used for enhancement, there is good cause for the court to grant the
371	371	182
372	372	expungement; and
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374	374	[(f)] (g) the interests of the public would not be harmed by granting the expungement.
375	375	184
376	376	(2)(a) If the court denies a petition described in Subsection (1)(c) because the
377	377	185
378	378	prosecuting attorney intends to refile charges, the petitioner may apply again for a
379	379	186
380	380	certificate of eligibility if charges are not refiled within 180 days after the day on
381	381	187
382	382	which the court denies the petition.
383	383	188
384	384	(b) A prosecuting attorney who opposes an expungement of a case dismissed without
385	385	189
386	386	prejudice, or without condition, shall have a good faith basis for the intention to refile
387	387	190
388	388	the case.
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390	390	(c) A court shall consider the number of times that good faith basis of intention to refile
391	391	192
392	392	by the prosecuting attorney is presented to the court in making the court's
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394	394	determination to grant the petition for expungement described in Subsection (1)(c).
395	395	194
396	396	(3) If the court grants a petition described in Subsection [(1)(e)] (1)(f), the court shall make
397	397	195
398	398	the court's findings in a written order.
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400	400	(4) A court may not expunge a conviction of an offense for which a certificate of eligibility
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402	402	may not be, or should not have been, issued under Section 77-40a-302 or 77-40a-303.
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404	404	(5) If the court issues an order of expungement under this section, the court shall:
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406	406	(a) expunge all records of the case as described in Section 77-40a-401;
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408	408	(b) notify the bureau of the order of expungement; and
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410	410	(c) provide the bureau with the order of expungement and all relevant information
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413	413	available to the court that the bureau will need to identify an expunged record.
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415	415	(6)(a) The petitioner may request certified copies of an order of expungement within 28
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417	417	days after the day on which the court issues an order of expungement.
418	418	205
419	419	(b) If a petitioner makes a request under Subsection (6)(a), the court shall provide the
420	420	206
421	421	petitioner with certified copies of the order of expungement.
422	422	207
423	423	Section 4. Section 78A-2-302 is amended to read:
424	424	208
425	425	78A-2-302 . Waiver of fees, costs, and security -- Indigent litigants -- Affidavit.
426	426	209
427	427	(1) As used in Sections 78A-2-302 through 78A-2-309:
428	428	210
429	429	(a) "Convicted" means:
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431	431	(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
432	432	212
433	433	condition, no contest; and
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435	435	(ii) a conviction of any crime or offense.
436	436	214
437	437	(b) "Indigent" means a financial status that results from a court finding that a petitioner
438	438	215
439	439	is financially unable to pay the fee, a cost, or give security.
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441	441	(c) "Prisoner" means an individual who has been convicted of a crime and is
442	442	217
443	443	incarcerated for that crime or is being held in custody for trial or sentencing.
444	444	218
445	445	(2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
446	446	219
447	447	state without prepayment of fees and costs or security if :
448	448	220
449	449	(a) the individual submits an affidavit demonstrating that the individual is indigent; or
450	450	221
451	451	(b) the cause is a petition for expungement and the individual provides the court with
452	452	222
453	453	proof that another court granted a waiver of the fee for a petition for expungement as
454	454	223
455	455	described in Subsection [77-40a-305(12)(b)] 77-40a-305(11)(b).
456	456	224
457	457	(3) A court shall find an individual indigent if the individual's affidavit under Subsection (2)
458	458	225
459	459	demonstrates:
460	460	226
461	461	(a) for a cause that is not a petition for expungement, the individual has an income level
462	462	227
463	463	at or below 150% of the United States poverty level as defined by the most recent
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465	465	poverty income guidelines published by the United States Department of Health and
466	466	229
467	467	Human Services;
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469	469	(b) for a cause that is a petition for expungement:
470	470	231
471	471	(i) if the individual has a household size of one, two, or three, the individual has an
472	472	232
473	473	income level at or below 150% of the United States poverty level for a household
474	474	233
475	475	size of three, as defined by the most recent poverty income guidelines published
476	476	234
477	477	by the United States Department of Health and Human Services; or
478	478	235
479	479	(ii) if the individual has a household size of four or more, the individual has an
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481	481	236
482	482	income level at or below 150% of the United States poverty level for that
483	483	237
484	484	individual's household size, as defined by the most recent poverty income
485	485	238
486	486	guidelines published by the United States Department of Health and Human
487	487	239
488	488	Services;
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490	490	(c) the individual receives benefits from a means-tested government program, including
491	491	241
492	492	Temporary Assistance to Needy Families, Supplemental Security Income, the
493	493	242
494	494	Supplemental Nutrition Assistance Program, or Medicaid;
495	495	243
496	496	(d) the individual receives legal services from a nonprofit provider or a pro bono
497	497	244
498	498	attorney through the Utah State Bar; or
499	499	245
500	500	(e) the individual has insufficient income or other means to pay the necessary fees and
501	501	246
502	502	costs or security without depriving the individual, or the individual's family, of food,
503	503	247
504	504	shelter, clothing, or other necessities.
505	505	248
506	506	(4) An affidavit demonstrating that an individual is indigent under Subsection (3)(e) shall
507	507	249
508	508	contain complete information on the individual's:
509	509	250
510	510	(a) identity and residence;
511	511	251
512	512	(b) amount of income, including any government financial support, alimony, or child
513	513	252
514	514	support;
515	515	253
516	516	(c) assets owned, including real and personal property;
517	517	254
518	518	(d) business interests;
519	519	255
520	520	(e) accounts receivable;
521	521	256
522	522	(f) securities, checking and savings account balances;
523	523	257
524	524	(g) debts; and
525	525	258
526	526	(h) monthly expenses.
527	527	259
528	528	(5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
529	529	260
530	530	amount of money held in the prisoner's trust account at the time the affidavit under
531	531	261
532	532	Subsection (2) is executed in accordance with Section 78A-2-305.
533	533	262 (6) An affidavit of indigency under this section shall state the following:
534	534	263
535	535	I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
536	536	264
537	537	the expenses of the action or legal proceedings which I am about to commence or the appeal
538	538	265
539	539	which I am about to take, and that I believe I am entitled to the relief sought by the action,
540	540	266
541	541	legal proceedings, or appeal.
542	542	267
543	543	(7) The Administrative Office of the Courts shall include on a form for an affidavit of
544	544	268
545	545	indigency the following warning: "It is a crime for anyone to intentionally or knowingly
546	546	269
547	547	provide false or misleading information to the court when seeking a waiver of a court
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549	549	270
550	550	fee."
551	551	271
552	552	Section 5. Effective date.
553	553	272
554	554	This bill takes effect on May 7, 2025.
555	555	- 9 -