Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 329 First Substitute (2021GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a person to have the link between their personal identifying information and a court case that has been dismissed eliminated.

Every vote on this bill

Bill text

EXPUNGEMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill allows for the de-linking of certain court records when cases are dismissed.
Highlighted Provisions:
This bill:
▸ allows a person to have the link between their personal identifying information and
a court case that has been dismissed eliminated.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-40-104.1
, as last amended by Laws of Utah 2019, Chapter 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-40-104.1
 is amended to read:
77-40-104.1.
Eligibility for removing the link between personal identifying
information and court case dismissed.
(1) As used in this section:
(a) "Domestic violence offense" means the same as that term is defined in Section
77-36-1
.
(b) "Personal identifying information" means:
(i) a current name, former name, nickname, or alias; and
(ii) date of birth.
(2) An individual whose criminal case 
is dismissed, or civil case filed in accordance
with Title 78B, Chapter 7, Protective Orders and Stalking Injunctions,
 is [
dismissed
] 
denied,
may move the court for an order to remove the link between the individual's personal
identifying information from the dismissed case in any publicly searchable database of the Utah
state courts and the court shall grant that relief if:
(a) 30 days have passed from the day on which the case is dismissed 
or denied
;
(b) no appeal is filed for the dismissed 
or denied
 case within the 30-day period
described in Subsection (2)(a); and
(c) no charge in the case was a domestic violence offense.
(3) Removing the link to personal identifying information of a court record under
Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
(4) A case history, unless expunged under this chapter, remains public and accessible
through a search by case number.