Utah Code § 80-6-1004.5

Current through the 2024 Fourth Special Session
Section 80-6-1004.5 - Automatic expungement of successful nonjudicial adjustment - Effect of successful nonjudicial adjustment
(1) Except as provided in Subsection (2), the juvenile court shall issue, without a petition, an order to expunge an individual's juvenile record if:
(a) the individual has reached 18 years old;
(b) the individual's juvenile record consists solely of nonjudicial adjustments;
(c) the individual has successfully completed each nonjudicial adjustment; and
(d) all nonjudicial adjustments were completed on or after October 1, 2023.
(2) An individual's juvenile record is not eligible for expungement under Subsection (1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
(a) Section 41-6a-502, driving under the influence;
(b) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
(c) Section 76-5-206, negligent homicide;
(d) Section 76-9-702.1, sexual battery;
(e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or
(f) Section 76-10-509.4, possession of a dangerous weapon by a minor.
(3) If an individual's juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023:
(a) any nonjudicial adjustment in the individual's juvenile record is considered to never have occurred if:
(i) the individual has reached 18 years old;
(ii) the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual's juvenile record; and
(iii) the nonjudicial adjustment was for an offense that is not an offense described in Subsection (2); and
(b) the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment.

Utah Code § 80-6-1004.5

Amended by Chapter 301, 2024 General Session ,§ 24, eff. 5/1/2024.
Added by Chapter 115, 2023 General Session ,§ 18, eff. 10/1/2023.