Utah: Juvenile Court Records and Law Enforcement Records (UT-AR-1)

Records relating an adjudication of delinquency can be expunged if the rehabilitation of the petitioner has been attained to the satisfaction of the juvenile court, including the petitioner's response to programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature and seriousness of the conduct. Utah Code Ann. § 80-6-1004(1)(a),(2)(b). Records relating to an adjudication of delinquency can be expunged if: (A) the petitioner has not, in the five years preceding the day on which the petition described in Subsection (1)(a) is filed, been convicted of a violent felony; (B) there are no delinquency or criminal proceedings pending against the petitioner; and (C) a judgment for restitution entered by the juvenile court on the adjudication for which the expungement is sought has been satisfied. Utah Code Ann. § 80-6-1004 (2)(c).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A record containing an adjudication for aggravated murder and murder cannot be expunged. Utah Code Ann. § 80-6-1004 (4)(a)..

Procedure General

The petitioner must include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of section 53-10-108 and any agency known or alleged to have any records related to the offense for which expungement is being sought. Utah Code Ann. § 80-6-1004(c).

Fees

There is no statutory language regarding fees.

Effect

The agency or the official receiving the expungement order described in Subsection (3)(a) shall only expunge all references to the petitioner's name in the records pertaining to the petitioner's juvenile court record. Utah Code Ann. § 80-6-1004(3)(b). The agency or entity receiving the vacatur order shall only vacate all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. Utah Code Ann. § 80-6-1004(4)(b). "Expunge" means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. Utah Code Ann. § 77-40a-101(10).

Forms

For more information on the expungement of juvenile records in Utah, click here.

Waiting Periods

A petition can be filed after the person has reached the age of 18 and one year has elapsed from the date of termination of the continuing jurisdiction of the juvenile court or, if the person was committed to a secure youth corrections facility, one year from the date of their unconditional release from the custody of the Division of Juvenile Justice Services. The court can waive the waiting period if the court finds an appropriate reason for the waiver. Utah Code Ann. §§ 78A-6-1105(1)(a), (b).

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