Utah Admin. Code 512-76-4

Current through Bulletin No. 2024-21, November 1, 2024

Section R512-76-4 - Criteria for Expungement

(1) Automatic expungement after one year includes allegation types with a finding of without merit that will be automatically be expunged if one year has passed since the CPS case closure date with no subsequent report involving the same alleged perpetrator.

(2) Allegation types unsubstantiated or found to be without merit by the juvenile court will be automatically expunged if:

(a) five years have passed since the CPS case closure date with no subsequent report involving the same alleged perpetrator; and

(b) allegations of dependency and educational neglect with a finding of unsupported or supported will be automatically expunged after five years if:

(i) the original CPS case did not result in an ongoing case or removal due to the allegations involving the alleged perpetrator or the perpetrator; and

(ii) five years have passed since the CPS case closure date with no subsequent CPS case, including unaccepted referrals, involving allegations against the alleged perpetrator or perpetrator.

(3) After five years have passed since the CPS case closure date, an individual may request an expungement on the following unsupported general findings:

(a) child endangerment;

(b) dealing in material harmful to a child;

(c) dental neglect;

(d) dependency;

(e) domestic violence related child abuse;

(f) educational neglect;

(g) emotional abuse;

(h) emotional maltreatment;

(i) environmental neglect;

(j) failure to protect;

(k) failure to thrive;

(l) juvenile perpetrator of sexual or physical abuse;

(m) medical neglect;

(n) Munchhausen syndrome by proxy;

(o) non-supervision;

(p) pediatric condition falsification;

(q) physical abuse;

(r) physical health;

(s) physical neglect;

(t) psychological neglect;

(u) sibling or child at risk; and

(v) unknown.

(4) The expungement upon request after five years will only be approved if:

(a) the original CPS case did not result in an ongoing case or removal due to the allegations involving the alleged perpetrator;

(b) at least five years have passed since the case closure date with no subsequent CPS case, including unaccepted referrals in the last five years, involving allegations against the same alleged perpetrator; and

(c) there was no criminal conviction for the same incident.

(5) After ten years have passed since the CPS case closure date, the perpetrator may request an expungement on the following supported general findings:

(a) child endangerment;

(b) dealing in material harmful to a child;

(c) dental neglect;

(d) dependency;

(e) domestic violence related child abuse;

(f) educational neglect;

(g) emotional abuse;

(h) emotional maltreatment;

(i) environmental neglect;

(j) failure to protect;

(k) failure to thrive;

(l) fetal exposure to alcohol or other harmful substances;

(m) juvenile perpetrator non-significant risk of sexual or physical abuse;

(n) medical neglect;

(o) Munchhausen syndrome by proxy;

(p) non-supervision;

(q) pediatric condition falsification;

(r) physical abuse;

(s) physical health;

(t) physical neglect;

(u) psychological neglect;

(v) sibling or child at risk; and

(w) unknown.

(6) The expungement upon request after ten years will only be approved if:

(a) the original CPS case did not result in an ongoing case or removal due to allegations involving the same perpetrator;

(b) at least ten years have passed since the CPS case closure date with no subsequent CPS case, including unaccepted referrals in the last five years, involving allegations against the same perpetrator; and

(c) there was no criminal conviction for the same incident.

(7) The following supported or unsupported allegations designated as chronic or severe or there was a criminal conviction for the same incident are never eligible for expungement:

(a) abandonment;

(b) baby doe;

(c) child endangerment;

(d) chronic abuse;

(e) chronic neglect;

(f) court ordered;

(g) dealing in material harmful to a child;

(h) dependency;

(i) domestic violence related child abuse;

(j) educational neglect;

(k) emotional abuse;

(l) environmental neglect;

(m) failure to protect;

(n) failure to thrive;

(o) fetal addiction to alcohol or other substance;

(p) fetal exposure to alcohol or other harmful substances;

(q) juvenile perpetrator - significant risk of sexual or severe physical abuse;

(r) labor trafficking;

(s) lewdness;

(t) medical neglect;

(u) medical neglect resulting in death, disability, or serious illness;

(v) non-supervision;

(w) pediatric condition falsification;

(x) physical abuse;

(y) physical neglect;

(w) ritual abuse;

(x) safe relinquishment of a newborn;

(y) severe abuse;

(z) severe neglect;

(aa) sexual abuse;

(bb) sexual exploitation;

(cc) sexual trafficking; and

(dd) sibling or child at risk.

(8) Any allegations with the following findings are never eligible for expungement:

(a) false report;

(b) unable to locate;

(c) unable to complete; and

(d) substantiated by the juvenile court.

Utah Admin. Code R512-76-4

Adopted by Utah State Bulletin Number 2018-14, effective 6/21/2018

Amended by Utah State Bulletin Number 2019-23, effective 11/7/2019

Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022