Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 359 Third Substitute (2022GS)

Sponsor

Rep. Judkins, M.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses a stipulation by the parties of an eviction to expungement;
• defines terms relating to the expungement of eviction records;
• addresses the automatic expungement of certain evictions;
• addresses the expungement of certain evictions by petition; and
• addresses the distribution and effect of an order for expungement of an eviction.

Every vote on this bill

Bill text

EVICTION RECORDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill addresses the expungement of eviction records.
Highlighted Provisions:
This bill:
▸ addresses a stipulation by the parties of an eviction to expungement;
▸ defines terms relating to the expungement of eviction records;
▸ addresses the automatic expungement of certain evictions;
▸ addresses the expungement of certain evictions by petition; and
▸ addresses the distribution and effect of an order for expungement of an eviction.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
78B-6-850
, Utah Code Annotated 1953
78B-6-851
, Utah Code Annotated 1953
78B-6-852
, Utah Code Annotated 1953
78B-6-853
, Utah Code Annotated 1953
78B-6-854
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-6-850
 is enacted to read:
Part 8. Expungement of Eviction Records
 78B-6-850.
Definitions.
As used in this part:
(1) "Agency" means a state, county, or local government entity that generates or
maintains records relating to an unlawful detainer action.
(2) "Eviction" means a cause of action for unlawful detainer under Part 8, Forcible
Entry and Detainer.
(3) "Expunge" means to seal or otherwise restrict access to records held by a court or
an agency.
(4) "Petitioner" means any person petitioning for expungement of an eviction under
this section.
(5) (a) "Tenant screening agency" means a person that, for a fee, dues, or on a
cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling
or evaluating information for the purpose of furnishing a tenant screening report.
(b) "Tenant screening agency" does not include an owner as defined in Section
78B-6-801
.
(6) "Tenant screening report" means any written, oral, or other communication
prepared by a tenant screening agency that includes information about an individual's rental
history for the purpose of serving as a factor in establishing the individual's eligibility for
housing.
(7) "Unlawful detainer" means the same as that term is defined in Section 
78B-6-801
.
Section 2. Section 
78B-6-851
 is enacted to read:
 78B-6-851.
Stipulation to expungement by parties.
All parties to an eviction may stipulate in a settlement agreement to the expungement of
an eviction.
Section 3. Section 
78B-6-852
 is enacted to read:
 78B-6-852.
Automatic expungement of eviction.
(1) (a) Without the filing of a petition, a court shall order expungement of all records of
an eviction if:
(i) the entire case was dismissed;
(ii) there is no appeal pending for the case; and
(iii) at least three years have passed from the day on which the eviction was filed; or
(b) the parties to the eviction stipulated to expungement and have filed a stipulation
with the court.
(2) The court shall issue an order of expungement when the court determines that an
eviction qualifies for automatic expungement under Subsection (1).
(3) This section applies to evictions filed on or after July 1, 2022.
Section 4. Section 
78B-6-853
 is enacted to read:
 78B-6-853.
Expungement by petition for eviction.
(1) Any party to an eviction may petition the court to expunge all records of the
eviction if:
(a) the eviction was for:
(i) remaining after the end of the lease as described in Subsection 
78B-6-802
(1)(a); or
(ii) the nonpayment of rent as described in Subsection 
78B-6-802
(1)(c); and
(b) any judgment for the eviction has been satisfied and a satisfaction of judgment has
been filed for the judgment.
(2) A petitioner shall file a petition and provide notice to any other party to the eviction
in accordance with the Utah Rules of Civil Procedure.
(3) (a) Any party to the eviction may file a written objection to the petition with the
court.
(b) If the court receives a written objection to the petition, the court may not expunge
the eviction.
(4) Except as provided in Subsection (5), the court shall order expungement of all
records of the eviction if the court does not receive a written objection within 60 days from the
day on which the petition is filed.
(5) A court may not expunge an eviction if the judgment for the eviction has not been
satisfied.
Section 5. Section 
78B-6-854
 is enacted to read:
 78B-6-854.
Notice of expunged eviction -- Tenant screening agency -- Effect of
expungement.
(1) (a) The Administrative Office of the Courts shall publish a list on the Utah Courts'
website that provides notice of any eviction expunged under this section.
 (b) Within 30 days from the day on which an expunged eviction is listed on the Utah
Courts' website as described in Subsection (1)(a):
(i) an agency shall expunge any record of the expunged eviction in the custody of the
agency; and
(ii) a tenant screening agency shall remove the expunged eviction from any database
used by the tenant screening agency.
(2) If an eviction is expunged under this part, a tenant screening agency may not:
(a) disclose the eviction in a tenant screening report pertaining to an individual for
whom the eviction has been expunged; or
(b) use the eviction as a factor in determining any score or recommendation in a tenant
screening report pertaining to the individual for whom the eviction has been expunged.
(3) Upon entry of an expungement order by a court under this part:
(a) the eviction is considered to never have occurred; and
(b) the individual for whom the eviction is expunged may reply to an inquiry on the
matter as though there was never an eviction.
(4) (a) Except as provided in Subsection (1)(b), a court, an agency, a tenant screening
agency, or an employee of a court, agency, or tenant screening agency, may not disclose any
eviction to, or share any information in a record of an eviction with, a person if the eviction has
been expunged under this part.
(b) An expunged record under this part may be released to, or viewed by, a party to the
eviction.
Section 6. 
Effective date.
This bill takes effect on July 1, 2022.