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