Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 293 First Substitute (2023GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the requirements for a certificate of eligibility to expunge records of arrest, investigation, and detention;
• amends the requirements for a certificate of eligibility to expunge records of a conviction;
• amends the requirements for a petition for expungement for a traffic offense case;
• addresses a victim's response to a petition for expungement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EXPUNGEMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
 Marsha Judkins
LONG TITLE
General Description:
This bill amends provisions related to expungement.
Highlighted Provisions:
This bill:
▸ amends the requirements for a certificate of eligibility to expunge records of arrest,
investigation, and detention;
▸ amends the requirements for a certificate of eligibility to expunge records of a
conviction;
▸ amends the requirements for a petition for expungement for a traffic offense case;
▸ addresses a victim's response to a petition for expungement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-40a-101
, as last amended by Laws of Utah 2022, Chapters 116, 430 and renumbered
and amended by Laws of Utah 2022, Chapter 250
77-40a-302
, as renumbered and amended by Laws of Utah 2022, Chapter 250
77-40a-303
, as last amended by Laws of Utah 2022, Chapter 116 and renumbered and
amended by Laws of Utah 2022, Chapter 250
77-40a-305
, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
amended by Laws of Utah 2022, Chapter 250
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-40a-101
 is amended to read:
77-40a-101.
Definitions.
As used in this chapter:
(1) "Agency" means a state, county, or local government entity that generates or
maintains records relating to an investigation, arrest, detention, or conviction for an offense for
which expungement may be ordered.
(2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section 
53-10-201
.
(3) "Certificate of eligibility" means a document issued by the bureau stating that the
criminal record and all records of arrest, investigation, and detention associated with a case that
is the subject of a petition for expungement is eligible for expungement.
(4) (a) [
Except as provided in Subsection (4)(c), "clean slate eligible case" means
]
"Clean slate eligible case" means, except as provided in Subsection (4)(c),
 a case:
(i) where each conviction within the case is:
(A) a misdemeanor conviction for possession of a controlled substance in violation of
Subsection 
58-37-8
(2)(a)(i);
(B) a class B or class C misdemeanor conviction; or
(C) an infraction conviction;
(ii) that involves an individual:
(A) whose total number of convictions in Utah state courts, not including infractions,
traffic offenses, or minor regulatory offenses, does not exceed the limits described in
Subsections [
77-40a-303
(5) and (6)
] 
77-40a-303
(4) and (5)
 without taking into consideration
the exception in Subsection [
77-40a-303
(8)
] 
77-40a-303
(7)
; and
(B) against whom no criminal proceedings are pending in the state; and
(iii) for which the following time periods have elapsed from the day on which the case
is adjudicated:
(A) at least five years for a class C misdemeanor or an infraction;
(B) at least six years for a class B misdemeanor; and
(C) at least seven years for a class A conviction for possession of a controlled
substance in violation of Subsection 
58-37-8
(2)(a)(i).
(b) "Clean slate eligible case" includes a case:
(i) that is dismissed as a result of a successful completion of a plea in abeyance
agreement governed by Subsection 
77-2a-3
(2)(b) if:
(A) except as provided in Subsection (4)(c), each charge within the case is a
misdemeanor for possession of a controlled substance in violation of Subsection
58-37-8
(2)(a)(i), a class B or class C misdemeanor, or an infraction;
(B) the individual involved meets the requirements of Subsection (4)(a)(ii); and
(C) the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed
from the day on which the case is dismissed; or
(ii) where charges are dismissed without prejudice if each conviction, or charge that
was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or
(b)(i).
(c) "Clean slate eligible case" does not include a case:
(i) where the individual is found not guilty by reason of insanity;
(ii) where the case establishes a criminal accounts receivable, as defined in Section
77-32b-102
, that:
(A) has been entered as a civil accounts receivable or a civil judgment of restitution, as
those terms are defined in Section 
77-32b-102
, and transferred to the Office of State Debt
Collection under Section 
77-18-114
; or
(B) has not been satisfied according to court records; or
(iii) that resulted in one or more pleas held in abeyance or convictions for the following
offenses:
(A) any of the offenses listed in Subsection [
77-40a-303
(1)(a)
] 
77-40a-303
(2)(a)
;
(B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
the Individual;
(C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
(D) sexual battery in violation of Section 
76-9-702.1
;
(E) an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
(F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
and Reckless Driving;
(G) damage to or interruption of a communication device in violation of Section
76-6-108
;
(H) a domestic violence offense as defined in Section 
77-36-1
; or
(I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
other than a class A misdemeanor conviction for possession of a controlled substance in
violation of Subsection 
58-37-8
(2)(a)(i).
(5) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
after trial, a plea of guilty, or a plea of nolo contendere.
(6) "Criminal protective order" means the same as that term is defined in Section
78B-7-102
.
(7) "Criminal stalking injunction" means the same as that term is defined in Section
78B-7-102
.
(8) "Department" means the Department of Public Safety established in Section
53-1-103
.
(9) "Drug possession offense" means an offense under:
(a) Subsection 
58-37-8
(2), except:
(i) any offense under Subsection 
58-37-8
(2)(b)(i), possession of 100 pounds or more of
marijuana;
(ii) any offense enhanced under Subsection 
58-37-8
(2)(e), violation in a correctional
facility; or
(iii) driving with a controlled substance illegally in the person's body and negligently
causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah
2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(b) Subsection 
58-37a-5
(1), use or possession of drug paraphernalia;
(c) Section 
58-37b-6
, possession or use of an imitation controlled substance; or
(d) any local ordinance which is substantially similar to any of the offenses described
in this Subsection (9).
(10) "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.
(11) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(12) (a) [
Except as provided in Subsection (12)(c), "minor regulatory offense" means
]
"Minor regulatory offense" means, except as provided in Subsection (12)(c),
 a class B or C
misdemeanor or a local ordinance.
(b) "Minor regulatory offense" includes an offense under Section 
76-9-701
 or
76-10-105
.
(c) "Minor regulatory offense" does not include:
(i) any drug possession offense;
(ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(iii) an offense under Sections 
73-18-13
 through 
73-18-13.6
;
(iv) except as provided in Subsection (12)(b), an offense under Title 76, Utah Criminal
Code; or
(v) any local ordinance that is substantially similar to an offense listed in Subsections
(12)(c)(i) through (iv).
(13) "Petitioner" means an individual applying for expungement under this chapter.
(14) (a) "Traffic offense" means
, except as provided in Subsection (14)(b)
:
(i) [
all infractions, class B misdemeanors, and class C misdemeanors in
] 
an infraction,
class B misdemeanor, or class C misdemeanor offense under
 Title 41, Chapter 6a, Traffic
Code;
(ii) an 
infraction, class B misdemeanor, or class C misdemeanor
 offense under Title 53,
Chapter 3, Part 2, Driver Licensing Act;
(iii) an 
infraction, class B misdemeanor, or class C misdemeanor
 offense under Title
73, Chapter 18, State Boating Act; and
(iv) all local ordinances that are substantially similar to an offense listed in Subsections
(14)(a)(i) through (iii).
(b) "Traffic offense" does not mean:
(i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(ii) an offense under Sections 
73-18-13
 through 
73-18-13.6
; or
(iii) any local ordinance that is substantially similar to an offense listed in Subsection
(14)(b)(i) or (ii).
(15) "Traffic offense case" means that each offense in the case is a traffic offense.
Section 2. Section 
77-40a-302
 is amended to read:
77-40a-302.
Requirements for certificate of eligibility to expunge records of
arrest, investigation, and detention.
[
An individual who is arrested or formally charged with an offense is eligible to receive
a certificate of eligibility from the bureau to expunge the records of arrest, investigation, and
detention that may have been made in the case if:
]
[
(1) at least 30 days have passed since the day of the arrest for which a certificate of
eligibility is sought;
]
[
(2) there are no criminal proceedings or pleas in abeyance pending against the
individual;
]
[
(3) the individual is not currently on probation or parole;
]
[
(4) there is not a criminal protective order or a criminal stalking injunction in effect
for the case;
]
[
(5) there are no convictions in the case for a traffic offense; and
]
[
(6) one of the following occurs:
]
[
(a) charges are screened by the investigating law enforcement agency and the
prosecuting attorney makes a final determination that no charges will be filed in the case;
]
[
(b) (i) all charges contained in the case are dismissed; and
]
[
(ii) if any charge contained in the case is dismissed without prejudice or without
condition:
]
[
(A) the prosecuting attorney consents in writing to the issuance of a certificate of
eligibility; or
]
[
(B) at least 180 days have passed since the day on which the charge is dismissed;
]
[
(c) the individual is acquitted at trial on all of the charges contained in the case; or
]
[
(d) the statute of limitations expires on all of the charges contained in the case.
]
(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an
offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to
expunge records of the arrest, investigation, and detention in the case for the offense if:
(a) except as provided in Subsection (1)(c), at least 30 days have passed from the day
on which the individual is arrested or charged for the offense;
(b) one of the following occurs:
(i) an investigating law enforcement agency and the prosecuting attorney have screened
the case and determined that no charges will be filed against the petitioner;
(ii) all charges in the case are dismissed with prejudice;
(iii) if a charge in the case is dismissed without prejudice or without condition:
(A) the prosecuting attorney consents in writing to the issuance of a certificate of
eligibility; or
(B) at least 180 days have passed from the day on which the charge is dismissed;
(iv) the petitioner is acquitted at trial on all of the charges in the case; or
(v) the statute of limitations expires on all of the charges in the case; and
(c) (i) there is a conviction in the case for a traffic offense that is a class C
misdemeanor or an infraction, at least three years after the day on which the petitioner was
convicted of the traffic offense; or
(ii) there is a conviction in the case for a traffic offense that is a class B misdemeanor,
at least four years after the day on which the petitioner was convicted of the traffic offense.
(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:
(a) there is a criminal proceeding for a misdemeanor or felony offense pending against
the petitioner, unless the criminal proceeding is for a traffic offense;
(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the
petitioner, unless the plea in abeyance is for a traffic offense;
(c) the petitioner is currently incarcerated, on parole, or on probation, unless the
petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
offense; or
(d) there is a criminal protective order or a criminal stalking injunction in effect for the
case.
Section 3. Section 
77-40a-303
 is amended to read:
77-40a-303.
Requirements for a certificate of eligibility to expunge records of a
conviction.
(1) Except as otherwise provided by this section, a petitioner is eligible to receive a
certificate of eligibility from the bureau to expunge the records of a conviction when:
(a) the petitioner has paid in full all fines and interest ordered by the court related to the
conviction for which expungement is sought;
(b) the petitioner has paid in full all restitution ordered by the court under Section
77-38b-205
; and
(c) the following time periods have passed from the day on which the petitioner was
convicted or released from incarceration, parole, or probation, whichever occurred last, for the
conviction that the petitioner seeks to expunge:
(i) 10 years for the conviction of a misdemeanor under Subsection 
41-6a-501
(2);
(ii) 10 years for the conviction of a felony for operating a motor vehicle with any
amount of a controlled substance in an individual's body and causing serious bodily injury or
death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8
(2)(g);
(iii) seven years for the conviction of a felony;
(iv) five years for the conviction of a drug possession offense that is a class A
misdemeanor or a felony;
(v) four years for the conviction of a class B misdemeanor; or
(vi) three years for the conviction of a class C misdemeanor or infraction.
[
(1) Except as provided in Subsections (2) and (4), an individual
]
(2) A petitioner
 is not eligible to receive a certificate of eligibility from the bureau to
expunge the records of a conviction 
under Subsection (1)
 if:
(a) 
except as provided in Subsection (3),
 the conviction for which expungement is
sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a felony conviction of a violent felony as defined in Subsection
76-3-203.5
(1)(c)(i);
(iv) a felony conviction described in Subsection 
41-6a-501
(2);
(v) an offense, or a combination of offenses, that would require the individual to
register as a sex offender, as defined in Section 
77-41-102
; or
(vi) a registerable child abuse offense as defined in Subsection 
77-43-102
(2);
(b) there is a criminal proceeding for a misdemeanor or felony offense pending against
the petitioner, unless the criminal proceeding is for a traffic offense;
(c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
petitioner, unless the plea in abeyance is for a traffic offense;
(d) the petitioner is currently incarcerated, on parole, or on probation, unless the
petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
offense;
[
(b) a criminal proceeding or a plea in abeyance is pending against the petitioner;
]
[
(c) the petitioner is on probation or parole;
]
[
(d)
] 
(e)
 the petitioner intentionally or knowingly provides false or misleading
information on the application for a certificate of eligibility; [
or
]
[
(e)
] 
(f) there is
 a criminal protective order or a criminal stalking injunction [
is
] in
effect for the case[
.
]
; or
(g) the bureau determines that the petitioner's criminal history makes the petitioner
ineligible for a certificate of eligibility under Subsection (4) or (5).
(3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
defined in Section 
76-3-209
, if, at the time of the offense, a petitioner who committed the
offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
Court.
[
(2) The eligibility limitation described in Subsection (1) does not apply in relation to a
conviction for a qualifying sexual offense, as defined in Subsection 
76-3-209
(1), if, at the time
of the offense, the individual who committed the offense was at least 14 years old, but under 18
years old, unless the conviction occurred in district court after the individual was:
]
[
(a) charged by criminal information under Section 
80-6-502
 or 
80-6-503
; and
]
[
(b) bound over to district court under Section 
80-6-504
.
]
[
(3) A petitioner seeking to obtain expungement for a record of conviction is not
eligible to receive a certificate of eligibility from the bureau until all of the following have
occurred:
]
[
(a) the petitioner has paid in full all fines and interest ordered by the court related to
the conviction for which expungement is sought;
]
[
(b) the petitioner has paid in full all restitution ordered by the court under Section
77-38b-205
; and
]
[
(c) the following time periods have elapsed from the date the petitioner was convicted
or released from incarceration, parole, or probation, whichever occurred last, for each
conviction the petitioner seeks to expunge:
]
[
(i) 10 years in the case of a misdemeanor conviction of Subsection 
41-6a-501
(2) or a
felony conviction of operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
]
[
(ii) seven years in the case of a felony;
]
[
(iii) five years in the case of any class A misdemeanor or a felony drug possession
offense;
]
[
(iv) four years in the case of a class B misdemeanor; or
]
[
(v) three years in the case of any other misdemeanor or infraction.
]
[
(4) When determining whether to issue a certificate of eligibility for a conviction, the
bureau may not consider:
]
[
(a) a petitioner's pending or previous:
]
[
(i) infraction;
]
[
(ii) traffic offense;
]
[
(iii) minor regulatory offense; or
]
[
(iv) clean slate eligible case that was automatically expunged in accordance with
Section 
77-40a-201
; or
]
[
(b) a fine or fee related to an offense described in Subsection (4)(a).
]
[
(5) Except as provided in Subsection (8), the bureau may not issue a certificate of
eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility,
]
(4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility,
 the
bureau determines that the petitioner's criminal history, including previously expunged
convictions, contains any of the following:
(a) two or more felony convictions other than for drug possession offenses, each of
which is contained in a separate criminal episode;
(b) any combination of three or more convictions other than for drug possession
offenses that include two class A misdemeanor convictions, each of which is contained in a
separate criminal episode;
(c) any combination of four or more convictions other than for drug possession
offenses that include three class B misdemeanor convictions, each of which is contained in a
separate criminal episode; or
(d) five or more convictions other than for drug possession offenses of any degree
whether misdemeanor or felony, each of which is contained in a separate criminal episode.
[
(6) Except as provided in Subsection (8), the bureau may not issue a certificate of
eligibility for a conviction if, at the time the petitioner seeks a certificate of eligibility,
]
(5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
of eligibility if, at the time the petitioner seeks the certificate of eligibility,
 the bureau
determines that the petitioner's criminal history, including previously expunged convictions,
contains any of the following:
(a) three or more felony convictions for drug possession offenses, each of which is
contained in a separate criminal episode; or
(b) any combination of five or more convictions for drug possession offenses, each of
which is contained in a separate criminal episode.
[
(7)
] 
(6)
 If the petitioner's criminal history contains convictions for both a drug
possession offense and a non-drug possession offense arising from the same criminal episode,
[
that criminal episode shall be counted as provided in Subsection (5)
] 
the bureau shall count
that criminal episode as a conviction under Subsection (4)
 if any non-drug possession offense
in that episode:
(a) is a felony or class A misdemeanor; or
(b) has the same or a longer waiting period under Subsection [
(3)
] 
(1)(c)
 than any drug
possession offense in that episode.
[
(8) If
] 
(7) Except as provided in Subsection (8), if
 at least 10 years have [
elapsed
from the date
] 
passed from the day on which
 the petitioner was convicted or released from
incarceration, parole, or probation, whichever occurred last, for all convictions:
(a) each numerical eligibility limit [
defined in Subsections (5)(a) and (b)
] 
under
Subsections (4)(a) and (b)
 shall be increased by one; and
(b) each numerical eligibility limit [
defined in Subsections (5)(c), (5)(d), and (6) are
not applicable and the bureau may issue a certificate of eligibility if:
] 
under Subsections (4)(c)
and (d) is not applicable if the highest level of convicted offense in the criminal episode is:
[
(i) the individual is otherwise eligible; and
]
[
(ii) the highest convicted offense in the criminal episode for each conviction is:
]
[
(A)
] 
(i)
 a class B misdemeanor;
[
(B)
] 
(ii)
 a class C misdemeanor;
[
(C)
] 
(iii)
 a drug possession offense if none of the non-drug possession offenses in the
criminal episode are a felony or a class A misdemeanor; or
[
(D)
] 
(iv)
 an infraction.
(8) When determining whether a petitioner is eligible for a certificate of eligibility
under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
prior conviction for:
(a) an infraction;
(b) a traffic offense;
(c) a minor regulatory offense; or
(d) a clean slate eligible case that was automatically expunged in accordance with
Section 
77-40a-201
.
(9) [
If, prior to May 14, 2013, the petitioner has received a pardon
] 
If the petitioner
received a pardon before May 14, 2013,
 from the Utah Board of Pardons and Parole, the
petitioner is entitled to an expungement order for all pardoned crimes in accordance with
Section 
77-27-5.1
.
Section 4. Section 
77-40a-305
 is amended to read:
77-40a-305.
Petition for expungement -- Prosecutorial responsibility -- Hearing.
(1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
Rules of Criminal Procedure, that includes the identification number for the certificate of
eligibility described in Subsection 
77-40a-304
(1)(d)(ii).
(b) Information on a certificate of eligibility is incorporated into a petition by reference
to the identification number for the certificate of eligibility.
(2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
obtain a certificate of eligibility from the bureau.
(b) A court may not accept a petition for expungement if the certificate of eligibility is
no longer valid as described in Subsection 
77-40a-304
(1)(d)(i).
(3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
of a traffic [
conviction
] 
offense case
 without obtaining a certificate of eligibility if:
(a) (i) for a 
traffic offense case with a
 class C misdemeanor or infraction, at least three
years have [
elapsed
] 
passed
 from the day on which the petitioner was convicted; or
(ii) for a 
traffic offense case with a
 class B misdemeanor, at least four years have
[
elapsed
] 
passed
 from the day on which the petitioner was convicted[
; and
]
;
(b) there is no traffic offense case pending against the petitioner;
(c) there is no plea in abeyance for a traffic offense case pending against the petitioner;
and
(d) the petitioner is not currently on probation for a traffic offense case.
[
(b) all convictions in the case for the traffic conviction are for traffic offenses.
]
(4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
a record for a conviction related to cannabis possession without a certificate of eligibility if the
petition demonstrates that:
(a) the petitioner had, at the time of the relevant arrest or citation leading to the
conviction, a qualifying condition, as that term is defined in Section 
26-61a-102
; and
(b) the possession of cannabis in question was in a form and an amount to medicinally
treat the qualifying condition described in Subsection (4)(a).
(5) (a) The court shall provide notice of a filing of a petition and certificate of
eligibility to the prosecutorial office that handled the court proceedings within three days after
the day on which the petitioner's filing fee is paid or waived.
(b) If there were no court proceedings, the court shall provide notice of a filing of a
petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
arrest occurred.
(c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
the arrest occurred shall immediately notify the city attorney's office that the county attorney's
office has received a notice of a filing of a petition for expungement.
(6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
make a reasonable effort to provide notice to any victim of the conviction or charge.
(b) The notice under Subsection (6)(a) shall:
(i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
to the petition;
(ii) state that the victim has a right to object to the expungement; and
(iii) provide instructions for registering an objection with the court.
(7) 
(a)
 The prosecuting attorney [
and the victim, if applicable,
] may respond to the
petition by filing a recommendation or objection with the court within 35 days after the day on
which the notice of the filing of the petition is sent by the court to the prosecuting attorney.
(b) If there is a victim of the offense for which expungement is sought, the victim may
respond to the petition by filing a recommendation or objection with the court within 60 days
after the day on which the petition for expungement was filed with the court.
(8) (a) The court may request a written response to the petition from the Division of
Adult Probation and Parole within the Department of Corrections.
(b) If requested, the response prepared by the Division of Adult Probation and Parole
shall include:
(i) the reasons probation was terminated; and
(ii) certification that the petitioner has completed all requirements of sentencing and
probation or parole.
(c) The Division of Adult Probation and Parole shall provide a copy of the response to
the petitioner and the prosecuting attorney.
(9) The petitioner may respond in writing to any objections filed by the prosecuting
attorney or the victim and the response prepared by the Division of Adult Probation and Parole
within 14 days after the day on which the objection or response is received.
(10) (a) If the court receives an objection concerning the petition from any party, the
court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
date set for the hearing.
(b) The prosecuting attorney shall notify the victim of the date set for the hearing.
(c) The petitioner, the prosecuting attorney, the victim, and any other person who has
relevant information about the petitioner may testify at the hearing.
(d) The court shall review the petition, the certificate of eligibility, and any written
responses submitted regarding the petition.
(11) If no objection is received within 60 days from the day on which the petition for
expungement is filed with the court, the expungement may be granted without a hearing.