Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 352 Sixth Substitute (2024GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals sunset dates regarding issuance and filing fees for expungement;
• repeals language relating to the suspension of issuance fees for certificates of eligibility for expungement and filing fees for petitions for expungement;
• allows a court to issue an order of expungement for a plea in abeyance when the defendant has completed a drug court program and the court dismisses the case against the defendant;
• defines terms related to expungement;
• amends provisions related to the automatic expungement of a case, including:
• requiring an individual to submit a form to receive an automatic expungement;
• prohibiting an automatic expungement if the individual is currently incarcerated, on probation, or on parole, unless the individual is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense;
• prohibiting an automatic expungement if there is a criminal proceeding pending against the individual for a misdemeanor or felony offense, unless the proceeding is for a traffic offense; and
• prohibiting an automatic expungement if there is a plea in abeyance pending against the individual for a misdemeanor or felony offense, unless the plea in abeyance is for a traffic offense;
• clarifies automatic deletion of a traffic offense;
• provides that the Bureau of Criminal Identification notify all state agencies affected by an automatic expungement order, except that the Bureau of Criminal Identification may not notify the Board of Pardons and Parole in certain circumstances;
• provides that a state agency expunge all records affected by an automatic expungement order;
• does not require a local agency to expunge records that may be affected by an automatic expungement order;

Every vote on this bill

Bill text

AMENDMENTS TO EXPUNGEMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the expungement of records.
Highlighted Provisions:
This bill:
▸ repeals sunset dates regarding issuance and filing fees for expungement;
▸ repeals language relating to the suspension of issuance fees for certificates of
eligibility for expungement and filing fees for petitions for expungement;
▸ allows a court to issue an order of expungement for a plea in abeyance when the
defendant has completed a drug court program and the court dismisses the case
against the defendant;
▸ defines terms related to expungement;
▸ amends provisions related to the automatic expungement of a case, including:
• requiring an individual to submit a form to receive an automatic expungement;
• prohibiting an automatic expungement if the individual is currently incarcerated,
on probation, or on parole, unless the individual is on probation or parole for an
infraction, a traffic offense, or a minor regulatory offense;
• prohibiting an automatic expungement if there is a criminal proceeding pending
against the individual for a misdemeanor or felony offense, unless the
proceeding is for a traffic offense; and
• prohibiting an automatic expungement if there is a plea in abeyance pending
against the individual for a misdemeanor or felony offense, unless the plea in abeyance is for a
traffic offense;
▸ clarifies automatic deletion of a traffic offense;
▸ provides that the Bureau of Criminal Identification notify all state agencies affected
by an automatic expungement order, except that the Bureau of Criminal
Identification may not notify the Board of Pardons and Parole in certain
circumstances;
▸ provides that a state agency expunge all records affected by an automatic
expungement order;
▸ does not require a local agency to expunge records that may be affected by an
automatic expungement order;
▸ provides that the time period for expunging the conviction of a domestic violence
offense is 10 years;
▸ clarifies the certificate of eligibility process;
▸ allows for the waiver of an issuance fee for a certificate of eligibility or a special
certificate if a court finds that the individual filing the petition for expungement is
indigent;
▸ requires a court to consider the total number of offenses for which an individual has
received a certificate of expungement when determining whether the individual is
indigent;
▸ requires a subsequent court to waive a filing fee for a petition for expungement if a
prior court found the individual to be indigent within 180 days before the filing of
the petition for expungement;
▸ clarifies the distribution of an expungement order based on a petition and the
expungement of records affected by an expungement order based on a petition;
▸ establishes the priority in how expungement orders are processed by a state or local
agency;
▸ requires a state and local agency to develop and implement a process to identify
expunged records and keep, index, and maintain all expunged records of arrest;
▸ clarifies the effect of an expungement;
▸ addresses the waiver of a fee for a petition for expungement when the individual has
previously received a waiver for a petition for expungement from a prior court;
▸ requires a court to find an individual indigent if the individual submits an affidavit
of indigency demonstrating that the individual has an income at or below 250% of
the United States poverty level;
▸ requires the Administrative Office of the Courts to include a warning on an affidavit
of indigency;
▸ clarifies the expungement of records regarding protective orders, stalking
injunctions, and juvenile records;
▸ repeals a statute regarding the time periods for expungement or deletion and
identifying and processing clean slate eligible cases; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-277
, as last amended by Laws of Utah 2022, Chapter 384 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 384
63I-1-278
, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
77-2a-3
, as last amended by Laws of Utah 2023, Chapters 113, 415
77-40a-101
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-104
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-201
, as renumbered and amended by Laws of Utah 2022, Chapter 250
77-40a-202
, as renumbered and amended by Laws of Utah 2022, Chapter 250
77-40a-301
, as enacted by Laws of Utah 2022, Chapter 250
77-40a-303
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-304
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-305
, as last amended by Laws of Utah 2023, Chapters 265, 330
77-40a-306
, as last amended by Laws of Utah 2023, Chapter 330
77-40a-401
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-402
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-403
, as last amended by Laws of Utah 2023, Chapter 265
77-40a-404
, as last amended by Laws of Utah 2023, Chapter 265
78A-2-302
, as last amended by Laws of Utah 2023, Chapter 184
78A-7-209.5
, as enacted by Laws of Utah 2022, Chapter 276
78B-7-1001
, as enacted by Laws of Utah 2022, Chapter 270
78B-7-1004
, as enacted by Laws of Utah 2022, Chapter 270
80-6-1001
, as last amended by Laws of Utah 2023, Chapter 115
80-6-1006.1
, as enacted by Laws of Utah 2023, Chapter 115
ENACTS:
77-40a-201.1
, Utah Code Annotated 1953
77-40a-201.2
, Utah Code Annotated 1953
77-40a-204
, Utah Code Annotated 1953
77-40a-307
, Utah Code Annotated 1953
REPEALS:
77-40a-203
, as renumbered and amended by Laws of Utah 2022, Chapter 250
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-1-277
 is amended to read:
63I-1-277.
Repeal dates: Title 77.
[
Subsection 
77-40a-304
(5), regarding the suspension of issuance fees for certificates of
eligibility, is repealed on July 1, 2023.
] 
Reserved.
Section 2. Section 
63I-1-278
 is amended to read:
63I-1-278.
Repeal dates: Title 78A and Title 78B.
[
(1) Subsections 
78A-2-301
(4) and 
78A-2-301.5
(12), regarding the suspension of filing
fees for petitions for expungement, are repealed on July 1, 2023.
]
[
(2)
] 
(1)
 Section 
78B-3-421
, regarding medical malpractice arbitration agreements, is
repealed July 1, 2029.
[
(3)
] 
(2)
 Subsection 
78A-7-106
(6), regarding the transfer of a criminal action involving
a domestic violence offense from the justice court to the district court, is repealed on July 1,
2024.
[
(4)
] 
(3)
 Section 
78B-4-518
, regarding the limitation on employer liability for an
employee convicted of an offense, is repealed on July 1, 2025.
[
(5)
] 
(4)
 Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed
July 1, 2026.
[
(6)
] 
(5)
 Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
Support Guidelines Advisory Committee, is repealed July 1, 2026.
[
(7)
] 
(6)
 Section 
78B-22-805
, regarding the Interdisciplinary Parental Representation
Pilot Program, is repealed December 31, 2024.
Section 3. Section 
77-2a-3
 is amended to read:
77-2a-3.
Manner of entry of plea -- Powers of court.
(1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
agreement may be entered into without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the
defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense
,
 [
and enter judgment of conviction and impose
sentence for a lower degree of offense; or
] 
enter a judgment of conviction for the lower degree
of the offense, and impose a sentence for the lower degree of the offense;
(b) allow withdrawal of 
the
 defendant's plea and order the dismissal of the case[
.
]
; or
(c) issue an order of expungement for all records of the offense if:
(i) the defendant successfully completes a drug court program; and
(ii) the court allows the withdrawal of the defendant's plea and orders the dismissal of
the case.
(3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
abeyance agreement 
and only as provided in the plea in abeyance agreement or as agreed to by
all parties
, the court may [
reduce the degree of the offense or dismiss the case only as provided
in the plea in abeyance agreement or as agreed to by all parties.
]
:
(i) reduce the degree of the offense, enter a judgment of conviction for the lower degree
of the offense, and impose a sentence for the lower degree of the offense;
(ii) allow withdrawal of the defendant's plea and order the dismissal of the case; or
(iii) issue an order of expungement for all records of the offense if:
(A) the defendant successfully completes a drug court program; and
(B) the court allows the withdrawal of the defendant's plea and orders the dismissal of
the case.
(b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
abeyance agreement, the court may not invoke Section 
76-3-402
 to further reduce the degree of
the offense.
(4) The court may require the Department of Corrections to assist in the administration
of the plea in abeyance agreement as if the defendant were on probation to the court under
Section 
77-18-105
.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
the same manner as if paid as a fine for a criminal conviction under Section 
78A-5-110
 and a
surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
which may not exceed in amount the maximum fine and surcharge which could have been
imposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay the costs of any remedial or rehabilitative program
required by the terms of the agreement; and
(c) an order that the defendant comply with any other conditions that could have been
imposed as conditions of probation upon conviction and sentencing for the same offense.
(6) (a) The terms of a plea in abeyance shall include:
(i) a specific amount of restitution that the defendant will pay, as agreed to by the
defendant and the prosecuting attorney;
(ii) a certification from the prosecuting attorney that:
(A) the prosecuting attorney has consulted with all victims, including the Utah Office
for Victims of Crime; and
(B) all victims, including the Utah Office for Victims of Crime, are not seeking
restitution; or
(iii) an agreement between the parties that restitution will be determined by the court at
a subsequent hearing in accordance with Section 
77-38b-205
.
(b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the
defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the
entire amount of pecuniary damages that are proximately caused by the criminal conduct of the
defendant.
(c) The court shall collect, receive, process, and distribute payments for restitution to
the victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d) If the defendant does not successfully complete the terms of the plea in abeyance,
the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims
Restitution Act, upon entering a sentence for the defendant.
(7) (a) A court may not hold a plea in abeyance without the consent of both the
prosecuting attorney and the defendant.
(b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8) No plea may be held in abeyance in any case involving:
(a) a sexual offense against an individual who is under 14 years old; or
(b) a driving under the influence violation under Section 
41-6a-502
, 
41-6a-502.5
,
41-6a-517
, 
41-6a-520
, 
41-6a-520.1
, 
41-6a-521.1
, 
76-5-102.1
, or 
76-5-207
.
(9) If the court issues an order of expungement under Subsection (3)(a)(iii):
(a) the court shall notify the Bureau of Criminal Identification of the order of
expungement; and
(b) the Bureau of Criminal Identification shall notify all state and local agencies
affected by the order of expungement as described in Section 
77-40a-307
.
Section 4. 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.
]
(1) "Automatic expungement" means the expungement of records held by a state
agency of an investigation, arrest, detention, or conviction of an offense without the filing of a
petition.
(2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section 
53-10-201
.
(3) "Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(4) "Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
[
(3)
] 
(5)
 "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) "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
(4) and (5) without taking into consideration the exception in
Subsection 
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
(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).
]
(6) "Clean slate eligible case" means a case that is eligible for automatic expungement
under Section 
77-40a-201.2
.
[
(5)
] 
(7)
 "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.
(8) "Court" means the court that had jurisdiction over the offense or case for which
expungement is sought.
(9) "Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
[
(6)
] 
(10)
 "Criminal protective order" means the same as that term is defined in Section
78B-7-102
.
[
(7)
] 
(11)
 "Criminal stalking injunction" means the same as that term is defined in
Section 
78B-7-102
.
[
(8)
] 
(12)
 "Department" means the Department of Public Safety established in Section
53-1-103
.
(13) "Domestic violence offense" means the same as that term is defined in Section
77-36-1
.
[
(9)
] 
(14)
 "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)
] 
(14)
.
[
(10)
] 
(15) (a)
 "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.
] 
remove a record from public inspection by:
(i) sealing the record; or
(ii) restricting or denying a person access to the record.
(b) "Expunge" does not include the destruction of a record.
(16) "Indigent" means a court found a petitioner financially unable to pay the fee to file
a petition for expungement under Section 
78A-2-302
.
[
(11)
] 
(17)
 "Jurisdiction" means a state, district, province, political subdivision,
territory, or possession of the United States or any foreign country.
(18) "Local agency" means a county or local government entity that generates or
maintains records for which expungement may be ordered.
[
(12)
] 
(19)
 (a) "Minor regulatory offense" means, except as provided in Subsection
[
(12)(c)
] 
(19)(c)
, a class B or C misdemeanor offense 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)
] 
(19)(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)
] 
(19)(c)(i)
 through (iv).
[
(13)
] 
(20)
 "Petitioner" means an individual applying for expungement under this
chapter.
[
(14)
] 
(21)
 "Plea in abeyance" means the same as that term is defined in Section
77-2a-1
.
(22) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material, regardless of physical
form or characteristics, that:
(a) contains information about a criminal investigation, arrest, detention, investigation,
or conviction of an individual; and
(b) is prepared, owned, received, or retained by a state or local agency.
(23) "State agency" means a state government entity that generates or maintains records
for which expungement may be ordered.
[
(15)
] 
(24)
 (a) "Traffic offense" means, except as provided in Subsection [
(15)(b)
]
(24)(b)
:
(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 41, Chapter 6a, Traffic Code;
(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(iii) an infraction, a class B misdemeanor offense, or a 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
[
(15)(a)(i)
] 
(24)(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
[
(15)(b)(i)
] 
(24)(b)(i)
 or (ii).
[
(16)
] 
(25)
 "Traffic offense case" means that each offense in the case is a traffic
offense.
Section 5. Section 
77-40a-104
 is amended to read:
77-40a-104.
Department rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules to:
(1) implement procedures for processing an automatic expungement;
(2) implement procedures for applying for certificates of eligibility;
(3) specify procedures for receiving a certificate of eligibility;
(4) create forms and determine information necessary to be provided to the bureau; and
(5) implement procedures for the confirmation of an expungement under Subsection
[
77-40a-403
(2)
] 
77-40a-401
(5)
.
Section 6. Section 
77-40a-201
 is amended to read:
Part 2. Automatic Expungement and Deletion
77-40a-201.
General provisions for automatic expungement and deletion.
[
(1) (a) Except as provided in Subsection (1)(b) and subject to Section 
77-40a-203
, this
section governs the process for the automatic expungement of all records in:
]
[
(i) except as provided in Subsection (2)(e), a case that resulted in an acquittal on all
charges;
]
[
(ii) except as provided in Subsection (3)(e), a case that is dismissed with prejudice; or
]
[
(iii) a case that is a clean slate eligible case.
]
[
(b) This section does not govern automatic expungement of a traffic offense.
]
[
(2) (a) Except as provided in Subsection (2)(e), the process for automatic
expungement of records for a case that resulted in an acquittal on all charges is as described in
Subsections (2)(b) through (d).
]
[
(b) If a court determines that the requirements for automatic expungement have been
met, a district court or justice court shall:
]
[
(i) issue, without a petition, an expungement order; and
]
[
(ii) based on information available, notify the bureau and the prosecuting agency
identified in the case of the order of expungement.
]
[
(c) The bureau, upon receiving notice from the court, shall notify the law enforcement
agencies identified in the case of the order of expungement.
]
[
(d) For a case resulting in an acquittal on all charges on or before May 1, 2020, that is
automatically expunged under this Subsection (2), a law enforcement agency shall expunge
records for the case within one year after the day on which the law enforcement agency
receives notice from the bureau.
]
[
(e) For purposes of this section, a case that resulted in acquittal on all charges does not
include a case that resulted in an acquittal because the individual is found not guilty by reason
of insanity.
]
[
(3) (a) The process for an automatic expungement of a case that is dismissed with
prejudice is as described in Subsections (3)(b) through (d).
]
[
(b) If a court determines that the requirements for automatic expungement have been
met, a district court or justice court shall:
]
[
(i) issue, without a petition, an expungement order; and
]
[
(ii) based on information available, notify the bureau and the prosecuting agency
identified in the case of the order of expungement.
]
[
(c) The bureau, upon receiving notice from the court, shall notify the law enforcement
agencies identified in the case of the order of expungement.
]
[
(d) For a case dismissed on or before May 1, 2020, that is automatically expunged
under this Subsection (3), a law enforcement agency shall expunge records for the case within
one year after the day on which the law enforcement agency receives notice from the bureau.
]
[
(e) For purposes of this Subsection (3), a case that is dismissed with prejudice does
not include a case that is dismissed with prejudice as a result of successful completion of a plea
in abeyance agreement governed by Subsection 
77-2a-3
(2)(b).
]
[
(4) (a) The process for the automatic expungement of a clean slate eligible case is as
described in Subsections (4)(b) through (g) and in accordance with any rules made by the
Judicial Council or the Supreme Court.
]
[
(b) A prosecuting agency, that has complied with Rule 42 of the Utah Rules of
Criminal Procedure, shall receive notice on a monthly basis for any case prosecuted by that
agency that appears to be a clean slate eligible case.
]
[
(c) Within 35 days of the day on which the notice described in Subsection (4)(b) is
sent, the prosecuting agency shall provide written notice in accordance with any rules made by
the Judicial Council or the Supreme Court if the prosecuting agency objects to an automatic
expungement for any of the following reasons:
]
[
(i) after reviewing the agency record, the prosecuting agency believes that the case
does not meet the definition of a clean slate eligible case;
]
[
(ii) the individual has not paid court-ordered restitution to the victim; or
]
[
(iii) the prosecuting agency has a reasonable belief, grounded in supporting facts, that
an individual with a clean slate eligible case is continuing to engage in criminal activity within
or outside of the state.
]
[
(d) (i) If a prosecuting agency provides written notice of an objection for a reason
described in Subsection (4)(c) within 35 days of the day on which the notice described in
Subsection (4)(b) is sent, the court may not proceed with automatic expungement.
]
[
(ii) If 35 days pass from the day on which the notice described in Subsection (4)(b) is
sent without the prosecuting agency providing written notice of an objection for a reason
described in Subsection (4)(c), the court may proceed with automatic expungement.
]
[
(e) If a court determines that the requirements for automatic expungement have been
met, a district court or justice court shall:
]
[
(i) issue, without a petition, an expungement order; and
]
[
(ii) based on information available, notify the bureau and the prosecuting agency
identified in the case of the order of expungement.
]
[
(f) The bureau, upon receiving notice from the court, shall notify the law enforcement
agencies identified in the case of the order of expungement.
]
[
(g) For a clean slate case adjudicated or dismissed on or before May 1, 2020, that is
automatically expunged under this Subsection (4), a law enforcement agency shall expunge
records for the case within one year after the day on which the law enforcement agency
receives notice from the bureau.
]
[
(5)
] 
(1)
 Nothing in this section precludes an individual from filing a petition for
expungement of records that are eligible for automatic expungement 
or deletion
 under this
section if an automatic expungement 
or deletion
 has not occurred pursuant to this section.
[
(6)
] 
(2)
 An automatic expungement performed under this section does not preclude a
person from requesting access to expunged records in accordance with Section 
77-40a-403
 or
77-40a-404
.
[
(7)
] 
(3)
 (a) The Judicial Council and the Supreme Court shall make rules to govern the
process for automatic expungement.
(b) The rules under Subsection [
(7)(a)
] 
(3)(a)
 may authorize:
(i) a presiding judge of a district court to issue an expungement order for any case
when the requirements for automatic expungement are met; and
(ii) a presiding judge of a justice court to issue an expungement order for any justice
court case within the presiding judge's judicial district when the requirements for automatic
expungement are met.
(4) An individual does not have a cause of action for damages as a result of the failure
to identify an individual's case as eligible for automatic expungement or deletion under this
part.
Section 7. Section 
77-40a-201.1
 is enacted to read:
 77-40a-201.1.
Automatic expungement of state records for a clean slate case.
(1) If an individual seeks automatic expungement of all records held by a state agency
for a case for which the individual was a defendant and the case is eligible for automatic
expungement under this section, the individual shall submit a form to the court requesting
automatic expungement.
(2) Upon the submission of a form under Subsection (1), the court shall issue an order
of expungement for all records of the case that are maintained by a state agency if:
(a) the case is eligible for automatic expungement as described in Subsection (3); and
(b) the prosecuting agency does not object to the automatic expungement as described
in Subsection (7).
(3) Except as otherwise provided in Subsection (4), a case is eligible for automatic
expungement under Subsection (2)(a) if:
(a) each conviction within the case is a conviction for:
(i) a misdemeanor offense for possession of a controlled substance in violation of
Subsection 
58-37-8
(2)(a)(i);
(ii) a class B misdemeanor offense;
(iii) a class C misdemeanor offense; or
(iv) an infraction; and
(v) the following time periods have passed after the day on which the individual is
convicted:
(A) at least five years for the conviction of a class C misdemeanor offense or an
infraction;
(B) at least six years for the conviction of a class B misdemeanor offense; or
(C) at least seven years for the conviction of a class A misdemeanor offense for
possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i);
(b) the case is dismissed as a result of a successful completion of a plea in abeyance
agreement governed by Subsection 
77-2a-3
(2)(b), or the case is dismissed without prejudice, if:
(i) each charge within the case is:
(A) a misdemeanor offense for possession of a controlled substance in violation of
Subsection 
58-37-8
(2)(a)(i);
(B) a class B misdemeanor offense;
(C) a class C misdemeanor offense; or
(D) an infraction; and
(ii) the following time periods have passed after the day on which the case is
dismissed:
(A) at least five years for a charge in the case for a class C misdemeanor offense or an
infraction;
(B) at least six years for a charge in the case for a class B misdemeanor offense; or
(C) at least seven years for a charge in the case for a class A misdemeanor offense for
possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(4) A case is not eligible for automatic expungement under Subsection (2)(a) if:
(a) the individual has a criminal history that makes the individual ineligible for
expungement under Subsection 
77-40a-303
(4) or (5) without taking into consideration:
(i) the exception in Subsection 
77-40a-303
(7); or
(ii) any infraction, traffic offense, or minor regulatory offense;
(b) there is a criminal proceeding for a misdemeanor or felony offense pending against
the individual, unless the proceeding is for a traffic offense;
(c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
individual, unless the plea in abeyance is for a traffic offense;
(d) the individual is currently incarcerated, on parole, or on probation, unless the
individual is on probation or parole for an infraction, a traffic offense, or a minor regulatory
offense;
(e) the case resulted in the individual being found not guilty by reason of insanity;
(f) the case establishes a criminal accounts receivable that:
(i) has been entered as a civil accounts receivable or a civil judgment of restitution and
transferred to the Office of State Debt Collection under Section 
77-18-114
; or
(ii) has not been satisfied according to court records; or
(g) the case resulted in a plea held in abeyance or a conviction for the following
offenses:
(i) any of the offenses listed in Subsection 
77-40a-303
(2)(a);
(ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
the Individual;
(iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
(iv) sexual battery in violation of Section 
76-9-702.1
;
(v) an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
(vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
and Reckless Driving;
(vii) damage to or interruption of a communication device in violation of Section
76-6-108
;
(viii) a domestic violence offense as defined in Section 
77-36-1
; or
(ix) 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) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that
appears to be eligible for automatic expungement under this section.
(6) Within 35 days after the day on which the notice described in Subsection (5) is
sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the
Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic
expungement for any of the following reasons:
(a) the prosecuting agency believes that the case is not eligible for expungement under
this section after reviewing the agency record;
(b) the individual has not paid court-ordered restitution to the victim; or
(c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
individual involved in the case is continuing to engage in criminal activity within or outside of
the state.
(7) If a prosecuting agency provides written notice of an objection for a reason
described in Subsection (5) within 35 days after the day on which the notice under Subsection
(5) is sent, the court may not proceed with automatic expungement of the case.
(8) If 35 days pass after the day on which the notice described in Subsection (5) is sent
without the prosecuting agency providing written notice of an objection under Subsection (6),
the court shall proceed with automatic expungement of the case.
(9) If a court issues an order of expungement under Subsection (2), the court shall
notify the bureau and the prosecuting agency identified in the case of the order of
expungement.
Section 8. Section 
77-40a-201.2
 is enacted to read:
 77-40a-201.2.
Automatic expungement of state records for a case resulting in an
acquittal or dismissal with prejudice.
(1) If an individual seeks automatic expungement of all records held by a state agency
of a case for which the individual was a defendant and the case is eligible for automatic
expungement under this section, the individual shall submit a form to the court requesting
automatic expungement.
(2) Upon the submission of a form under Subsection (1), the court shall issue an order
of expungement for all records of the case that are maintained by a state agency if the case is
eligible for expungement as described in Subsection (3).
(3) Except as provided in Subsection (3), a case is eligible for expungement under
Subsection (2) if:
(a) the case resulted in an acquittal on all charges; or
(b) the case is dismissed with prejudice.
(4) A case is not eligible for expungement under Subsection (2) if:
(a) the case resulted in an acquittal because the individual is found not guilty by reason
of insanity;
(b) the case is dismissed with prejudice as a result of successful completion of a plea in
abeyance agreement governed by Subsection 
77-2a-3
(2)(b);
(c) there is a criminal proceeding for a misdemeanor or felony offense pending against
the individual, unless the proceeding is for a traffic offense;
(d) there is a plea in abeyance for a misdemeanor or felony offense pending against the
individual, unless the plea in abeyance is for a traffic offense; or
(e) the individual is currently incarcerated, on parole, or on probation, unless the
individual is on probation or parole for an infraction, a traffic offense, or a minor regulatory
offense.
(5) If a court issues an order of expungement under Subsection (2), the court shall
notify the bureau and the prosecuting agency identified in the case of the order of
expungement.
Section 9. Section 
77-40a-202
 is amended to read:
77-40a-202.
Automatic deletion for traffic offense by a court.
(1) [
Subject to Section 
77-40a-203
,
] 
A court shall delete all
 records for the following
traffic offenses [
shall be deleted
] without a court order or notice to the prosecuting agency:
(a) a traffic offense case that resulted in an acquittal on all charges;
(b) a traffic offense case that is dismissed with prejudice, except for a case that is
dismissed with prejudice as a result of successful completion of a plea in abeyance agreement
governed by Subsection 
77-2a-3
(2)(b); or
(c) a traffic offense case for which the following time periods have elapsed from the
day on which the case is adjudicated:
(i) at least five years for a class C misdemeanor or an infraction; or
(ii) at least six years for a class B misdemeanor.
(2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
on or after May 1, 2020, the court shall delete all records for the traffic offense upon
identification.
(3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated
before May 1, 2020, the court shall delete all records for the traffic offense within one year of
the day on which the case is identified as eligible for deletion.
[
(2) The Judicial Council shall make rules to provide an ongoing process for
identifying and deleting records on all traffic offenses described in Subsection (1).
]
Section 10. Section 
77-40a-204
 is enacted to read:
 77-40a-204.
Distribution of order for automatic expungement to state agencies.
(1) (a) Upon receiving notice from a court of an expungement order under this part, the
bureau shall notify all state agencies affected by the expungement order.
(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
and Parole of an expungement order if the individual has never been:
(i) sentenced to prison in this state; or
(ii) under the jurisdiction of the Board of Pardons and Parole.
(2) The bureau shall forward a copy of the expungement order to the Federal Bureau of
Investigation.
(3) An individual, who is the subject of an expungement order under this part, may
deliver copies of the expungement order to all state agencies affected by the order.
(4) If a state agency receives an expungement order under this part, the state agency
shall expunge all records for the case as described in Section 
77-40a-401
.
(5) A local agency is not required to expunge all records for a case that is automatically
expunged under this part.
Section 11. Section 
77-40a-301
 is amended to read:
77-40a-301.
Application for certificate of eligibility for expungement -- Penalty
for false or misleading information on application.
(1) If an individual seeks to expunge the individual's criminal record in regard to an
arrest, investigation, detention, or conviction, the individual shall:
(a) except as provided in Subsection 
77-40a-305
(3) or (4), apply to the bureau for a
certificate of eligibility for expungement of the criminal record and pay the application fee as
described in Section 
77-40a-304
;
(b) [
if the individual is qualified to receive a certificate of eligibility
] 
except as
provided in Subsections 
77-40a-304
(3) and (7)
, pay the issuance fee for the certificate of
eligibility as described in Section 
77-40a-304
; and
(c) file a petition for expungement in accordance with Section 
77-40a-305
.
(2) (a) An individual who intentionally or knowingly provides any false or misleading
information to the bureau when applying for a certificate of eligibility is guilty of a class B
misdemeanor and subject to prosecution under Section 
76-8-504.6
.
(b) Regardless of whether the individual is prosecuted, the bureau may deny a
certificate of eligibility to anyone who knowingly provides false information on an application.
Section 12. 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 if:
(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 after 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) 10 years for the conviction of a domestic violence offense;
[
(iii)
] 
(iv)
 seven years for the conviction of a felony;
[
(iv)
] 
(v)
 five years for the conviction of a drug possession offense that is a felony;
[
(v)
] 
(vi)
 five years for the conviction of a class A misdemeanor;
[
(vi)
] 
(vii)
 four years for the conviction of a class B misdemeanor; or
[
(vii)
] 
(viii)
 three years for the conviction of a class C misdemeanor or infraction.
(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;
(e) the petitioner intentionally or knowingly provides false or misleading information
on the application for a certificate of eligibility;
(f) there is a criminal protective order or a criminal stalking injunction 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.
(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.
(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.
(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, 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 (1)(c) than any drug
possession offense in that episode.
(7) Except as provided in Subsection (8), if at least 10 years have passed after 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 under Subsections (4)(a) and (b) shall be increased
by one; and
(b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
the highest level of convicted offense in the criminal episode is:
(i) a class B misdemeanor;
(ii) a class C misdemeanor;
(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
(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 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 13. Section 
77-40a-304
 is amended to read:
77-40a-304.
Certificate of eligibility process -- Issuance of certificate -- Fees.
(1) (a) When a petitioner applies for a certificate of eligibility as described in
Subsection 
77-40a-301
(1)[
,
]
:
(i) the petitioner shall pay an application fee at the time the petitioner submits an
application for a certificate of eligibility to the bureau; and
(ii)
 the bureau shall perform a check of records of governmental agencies, including
national criminal data bases, to determine whether the petitioner is eligible to receive a
certificate of eligibility under this chapter.
(b) For purposes of determining eligibility under this chapter, the bureau may review
records of arrest, investigation, detention, and conviction that have been previously expunged,
regardless of the jurisdiction in which the expungement occurred.
[
(c) Once the eligibility process is complete, the bureau shall notify the petitioner.
]
[
(d) If the petitioner meets all of the criteria under Section 
77-40a-302
 or 
77-40a-303
:
]
[
(i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
from the day on which the certificate is issued;
]
[
(ii) the bureau shall provide a petitioner with an identification number for the
certificate of eligibility; and
]
[
(iii) the petitioner shall pay the issuance fee established by the department as
described in Subsection (2).
]
[
(e)
] 
(c)
 If[
, after reasonable research,
] a disposition for an arrest on the criminal
history file is unobtainable 
after reasonable research
, the bureau may issue a special certificate
giving determination of eligibility to the court, except that the bureau may not issue the special
certificate if:
(i) there is a criminal proceeding for a misdemeanor or felony offense pending against
the petitioner, unless the criminal proceeding is for a traffic offense;
(ii) 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; or
(iii) 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.
(2) (a) Once the eligibility process is complete, the bureau shall notify the petitioner.
(b) If the petitioner meets all of the criteria under Section 
77-40a-302
 or 
77-40a-303
and the bureau determines that the issuance of a certificate of eligibility or special certificate is
appropriate:
(i) the bureau shall issue a certificate of eligibility or special certificate that is valid for
a period of 180 days from the day on which the certificate is issued;
(ii) the bureau shall provide a petitioner with an identification number for the
certificate of eligibility or special certificate; and
(iii) except as provided in Subsection (3), the petitioner shall pay an additional fee for
the issuance of a certificate of eligibility or special certificate.
[
(2) (a) The bureau shall charge application and issuance fees for a certificate of
eligibility or special certificate in accordance with the process in Section 
63J-1-504
.
]
[
(b) The application fee shall be paid at the time the petitioner submits an application
for a certificate of eligibility to the bureau.
]
[
(c) If the bureau determines that the issuance of a certificate of eligibility or special
certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
certificate of eligibility or special certificate unless Subsection (2)(d) applies.
]
[
(d) An issuance fee may not be assessed against a petitioner who
]
(3) The bureau shall issue a certificate of eligibility or special certificate without
requiring the payment of the issuance fee if the petitioner:
(a)
 qualifies for a certificate of eligibility under Section 
77-40a-302
 unless the charges
were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
Diversion[
.
]
; or
(b) indicates on the application for a certificate of eligibility that the petitioner
reasonably believes, as of the date of the application, that the fee to file a petition for
expungement is likely to be waived by a court because the petitioner is indigent.
[
(e) Funds generated under this Subsection (2) shall be deposited in the General Fund
as a dedicated credit by the department to cover the costs incurred in determining eligibility.
]
[
(3)
] 
(4)
 The bureau shall include on the certificate of eligibility all information that is
needed for the court to issue a valid expungement order.
[
(4)
] 
(5)
 The bureau shall provide clear written instructions to the petitioner that
explain:
(a) the process for a petition for expungement; and
(b) what is required of the petitioner to complete the process for a petition for
expungement.
(6) If a petitioner indicates on the application for a certificate of eligibility that a court
is likely to waive the fee for a petition for expungement as described in Subsection (3)(b), the
bureau shall:
(a) inform the petitioner that the petitioner will be required to pay an issuance fee
before an agency will expunge the offense if a court does not waive the fee for a petition for
expungement; and
(b) provide the petitioner with the form for waiving a court fee for a petition for
expungement.
(7) If the bureau issues a certificate of eligibility or a special certificate without
requiring payment of the issuance fee as described in Subsection (3)(b), the bureau shall charge
the petitioner the issuance fee upon the bureau's receipt of an order deciding a petition for
expungement unless the court communicates to the bureau that the fee to file the petition for
expungement was waived because the petitioner is indigent.
(8) (a) If the petitioner qualifies for a waiver of the issuance fee under Subsection (7)
and the expungement order grants the petition for expungement, the bureau shall process the
expungement order in accordance with Section 
77-40a-401
 as if the petitioner paid the issuance
fee.
(b) If the petitioner does not qualify for a waiver of the issuance fee under Subsection
(7) and the expungement order grants the petition for expungement, the bureau may not process
the expungement order in accordance with Section 
77-40a-401
 until the petitioner pays the
issuance fee.
(c) If the bureau issues a certificate of eligibility or special certificate without requiring
payment of the issuance fee under Subsection (3)(b), the bureau may not charge the petitioner
an issuance fee on the grounds that the validity of the certificate described in (2)(b)(i) has
expired.
(9) The bureau shall charge application and issuance fees for a certificate of eligibility
or special certificate in accordance with the process in Section 
63J-1-504
.
(10) The department shall deposit funds generated by application and issuance fees
under this section into the General Fund as a dedicated credit by the department to cover the
costs incurred in determining eligibility for expungement.
Section 14. 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)
] 
77-40a-304
(2)(b)(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)
] 
77-40a-304
(2)(b)(i)
.
(3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
of a traffic 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 passed after 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
passed after the day on which the petitioner was convicted;
(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.
(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 
26B-4-201
; 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 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.
(12) (a) If the petitioner seeks a waiver of the fee required for a petition for
expungement in accordance with Section 
78A-2-302
, the court shall consider the total number
of offenses for which the petitioner has received a certificate of eligibility and is seeking
expungement in determining whether the petitioner is indigent under Subsection
78A-2-302
(3)(e) even if the court does not have jurisdiction over an offense for which the
petitioner is seeking expungement.
(b) If a court grants a waiver of the fee required for a petition for expungement in
accordance with Section 
78A-2-302
, a subsequent court shall grant a waiver of a fee for a
petition for expungement if the prior court waived the fee for a petition for expungement
within 180 days before the day on which the petitioner filed the petition for expungement with
the subsequent court.
Section 15. Section 
77-40a-306
 is amended to read:
77-40a-306.
Order of expungement.
(1) If a petition is filed in accordance with Section 
77-40a-305
, the court shall issue an
order of expungement if the court finds, by clear and convincing evidence, that:
(a) except as provided in Subsection 
77-40a-305
(3) or (4), the petition and certificate
of eligibility are sufficient;
(b) the statutory requirements have been met;
(c) if the petitioner seeks expungement after a case is dismissed without prejudice or
without condition, the prosecuting attorney provided written consent and has not filed and does
not intend to refile related charges;
(d) if the petitioner seeks expungement without a certificate of eligibility for
expungement under Subsection 
77-40a-305
(4) for a record of conviction related to cannabis
possession:
(i) 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 
26B-4-201
; and
(ii) the possession of cannabis in question was in a form and an amount to medicinally
treat the qualifying condition described in Subsection (1)(d)(i);
(e) if an objection is received, the petition for expungement is for a charge dismissed in
accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
for enhancement, there is good cause for the court to grant the expungement; and
(f) the interests of the public would not be harmed by granting the expungement.
(2) (a) If the court denies a petition described in Subsection (1)(c) because the
prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
eligibility if charges are not refiled within 180 days after the day on which the court denies the
petition.
(b) A prosecuting attorney who opposes an expungement of a case dismissed without
prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
(c) A court shall consider the number of times that good faith basis of intention to
refile by the prosecuting attorney is presented to the court in making the court's determination
to grant the petition for expungement described in Subsection (1)(c).
(3) If the court grants a petition described in Subsection (1)(e), the court shall make the
court's findings in a written order.
(4) A court may not expunge a conviction of an offense for which a certificate of
eligibility may not be, or should not have been, issued under Section 
77-40a-302
 or
77-40a-303
.
(5) If a court grants a petition for expungement, the court shall notify the bureau of the
order of expungement.
Section 16. Section 
77-40a-307
 is enacted to read:
 77-40a-307.
Distribution of expungement order based on a petition to all state and
local agencies.
(1) (a) Upon receiving notice from the court of an expungement order as described in
Subsection 
77-40a-306
(5) or 
77-2a-3
(3), the bureau shall notify all state and local agencies
affected by the expungement order.
(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
and Parole of an expungement order if the individual has never been:
(i) sentenced to prison in this state; or
(ii) under the jurisdiction of the Board of Pardons and Parole.
(c) The bureau shall forward a copy of the expungement order to the Federal Bureau of
Investigation.
(2) A petitioner may deliver copies of the expungement to all state and local agencies
affected by the order of expungement.
(3) If a state or local agency receives an expungement order under this part, the agency
shall expunge all records for the case as described in Section 
77-40a-401
.
Section 17. Section 
77-40a-401
 is amended to read:
Part 4. Expungement of Criminal Records
77-40a-401.
Distribution of order -- Processing of expungement order -- Written
confirmation of expungement -- Effect of an expungement.
[
(1) (a) The bureau, upon receiving notice from the court, shall notify all criminal
justice agencies affected by the expungement order.
]
[
(b) For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons
and Parole of an expungement order if the individual has never been:
]
[
(i) sentenced to prison in this state; or
]
[
(ii) under the jurisdiction of the Board of Pardons and Parole.
]
[
(c) A petitioner may deliver copies of the expungement to all criminal justice agencies
affected by the order of expungement.
]
[
(d) An individual, who receives an expungement order under Section 
77-27-5.1
, shall
pay a processing fee to the bureau, established in accordance with the process in Section
63J-1-504
, before the bureau's record may be expunged.
]
[
(2) Unless otherwise provided by law or ordered by a court to respond differently, an
individual or agency who has received an expungement of an arrest or conviction under this
chapter or Section 
77-27-5.1
 may respond to any inquiry as though the arrest or conviction did
not occur.
]
[
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau
of Investigation.
]
[
(4) An agency receiving an expungement order shall expunge the individual's
identifying information contained in records in the agency's possession relating to the incident
for which expungement is ordered.
]
[
(5) Unless ordered by a court to do so, or in accordance with Section 
77-40a-403
, a
government agency or official may not divulge information or records that have been
expunged.
]
(1) If a state or local agency receives an expungement order as described in Section
77-40a-204
 or 
77-40a-307
, the state or local agency shall expunge all records affected by the
expungement order.
(2) In processing an expungement order under Subsection (1), the state or local agency
shall give priority to:
(a) first, an expungement order granting a petition for expungement as described in
Section 
77-40a-306
; and
(b) second, an expungement order granting an automatic expungement under Part 2,
Automatic Expungement and Deletion.
(3) An individual, who receives an expungement order under Section 
77-27-5.1
, shall
pay a processing fee to the bureau, established in accordance with the process in Section
63J-1-504
, before the bureau's record may be expunged as described in Subsection (1).
(4) A state or local agency shall:
(a) develop and implement a process to identify an expunged record; and
(b) keep, index, and maintain all expunged records of arrests and convictions.
(5) (a) If an individual who receives an expungement requests confirmation from a
state or local agency, the state or local agency shall provide the individual with written
confirmation that:
(i) the agency has identified all records subject to expungement; and
(ii) except as otherwise provided by Sections 
77-40a-402
 and 
77-40a-403
, the agency
will restrict or deny access to all of the expunged records.
(b) The bureau may charge a fee for providing a written confirmation under Subsection
(5)(a) in accordance with the process in Section 63J-1-504.
(6) Upon entry of an expungement order, an individual, who received the
expungement, may respond to any inquiry as though the conviction did not occur unless
otherwise provided by law or ordered by a court to respond differently.
[
(6)
] 
(7)
 (a) An expungement order may not restrict [
an
] 
a state or local
 agency's use or
dissemination of records in the agency's ordinary course of business until the agency has
received a copy of the order.
(b) Any action taken by [
an
] 
a state or local
 agency after issuance of the order but prior
to the agency's receipt of a copy of the order may not be invalidated by the order.
[
(7)
] 
(8)
 An expungement order may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which
the individual had notice according to the records of the administrative body prior to issuance
of the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body
pursuant to the administrative body's lawful authority prior to issuance of the expungement
order;
(c) remove any evidence relating to the individual including records of arrest, which
the administrative body has used or may use in these proceedings; or
(d) prevent an agency from maintaining, sharing, or distributing any record required by
law.
Section 18. Section 
77-40a-402
 is amended to read:
77-40a-402.
Distribution for order for vacatur.
(1) An individual who receives an order for vacatur under Subsection 
78B-9-108
(2)
shall be responsible for delivering a copy of the order for vacatur to all affected [
criminal
justice agencies and officials
] 
state and local agencies
.
(2) To complete delivery of the order for vacatur to the bureau, the individual shall
complete and attach to the order for vacatur an application for a certificate of eligibility for
expungement, including identifying information and fingerprints, in accordance with Section
77-40a-301
.
(3) Except as otherwise provided in this section, the bureau shall treat the order for
vacatur and attached certificate of eligibility for expungement the same as a valid order for
expungement under Section 
77-40a-401
.
(4) Unless otherwise provided by law or ordered by a court to respond differently, an
individual who has received a vacatur of conviction under Subsection 
78B-9-108
(2) may
respond to any inquiry as though the conviction did not occur.
(5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
Investigation.
(6) An agency receiving an order for vacatur shall expunge the individual's identifying
information contained in records in the agency's possession relating to the incident for which
vacatur is ordered.
(7) A [
government
] 
state or local
 agency or official may not divulge information
contained in a record of arrest, investigation, detention, or conviction after receiving an order
for vacatur to any person or agency, except for:
(a) the individual for whom vacatur was ordered; or
(b) Peace Officer Standards and Training, in accordance with Section 
53-6-203
 and
Subsection [
77-40a-403
(4)(b)
] 
77-40a-403(2)(b)
.
(8) The bureau may not count vacated convictions against any future expungement
eligibility.
Section 19. Section 
77-40a-403
 is amended to read:
77-40a-403.
Release and use of expunged records.
[
(1) (a) The bureau, after receiving an expungement order, shall keep, index, and
maintain all expunged records of arrests and convictions.
]
[
(b) Any agency, other than the bureau, receiving an expungement order shall develop
and implement a process to identify and maintain an expunged record.
]
[
(2) (a) An agency shall provide an individual who receives an expungement with
written confirmation that the agency has expunged all records of the offense for which the
individual received the expungement if the individual requests confirmation from the agency.
]
[
(b) The bureau may charge a fee for providing a written confirmation under
Subsection (2)(a) in accordance with the process in Section 
63J-1-504
.
]
[
(3)
] 
(1)
 (a) [
An employee of the bureau, or any agency with an expunged record,
] 
A
state or local agency with an expunged record, or any employee of a state or local agency with
an expunged record,
 may not divulge any information contained in the expunged record to any
person
,
 or 
another state or local
 agency
,
 without a court order unless:
(i) specifically authorized by statute; or
(ii) subject to Subsection [
(3)(b)
] 
(1)(b)
, the information in an expunged record is
being shared with another 
state or local
 agency through a records management system that both
agencies use for the purpose of record management.
(b) [
An
] 
A state or local
 agency with a records management system may not disclose
any information in an expunged record with another [
agency or
] person
, or another state or
local agency,
 that does not use the records management system for the purpose of record
management.
[
(4)
] 
(2)
 The following entities or agencies may receive information contained in
expunged records upon specific request:
(a) the Board of Pardons and Parole;
(b) Peace Officer Standards and Training;
(c) federal authorities if required by federal law;
(d) the State Board of Education;
(e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
applicants for judicial office; and
(f) a research institution or an agency engaged in research regarding the criminal justice
system if:
(i) the research institution or agency provides a legitimate research purpose for
gathering information from the expunged records;
(ii) the research institution or agency enters into a data sharing agreement with the
court or agency with custody of the expunged records that protects the confidentiality of any
identifying information in the expunged records;
(iii) any research using expunged records does not include any individual's name or
identifying information in any product of that research; and
(iv) any product resulting from research using expunged records includes a disclosure
that expunged records were used for research purposes.
[
(5)
] 
(3)
 Except as otherwise provided by this section or by court order, a person, [
an
] 
a
state or local
 agency, or an entity authorized by this section to view expunged records may not
reveal or release any information obtained from the expunged records to anyone outside the
specific request, including distribution on a public website.
[
(6)
] 
(4)
 A prosecuting attorney may communicate with another prosecuting attorney,
or another prosecutorial agency, regarding information in an expunged record that includes a
conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
agreement, for:
(a) stalking as described in Section 
76-5-106.5
;
(b) a domestic violence offense as defined in Section 
77-36-1
;
(c) an offense that would require the individual to register as a sex offender, as defined
in Section 
77-41-102
; or
(d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
[
(7)
] 
(5)
 Except as provided in Subsection [
(9)
] 
(7)
, a prosecuting attorney may not use
an expunged record for the purpose of a sentencing enhancement or as a basis for charging an
individual with an offense that requires a prior conviction.
[
(8)
] 
(6)
 The bureau may also use the information in the bureau's index as provided in
Section 
53-5-704
.
[
(9)
] 
(7)
 If, after obtaining an expungement, an individual is charged with a felony or
an offense eligible for enhancement based on a prior conviction, the state may petition the court
to open the expunged records upon a showing of good cause.
[
(10)
] 
(8)
 (a) For judicial sentencing, a court may order any records expunged under
this chapter or Section 
77-27-5.1
 to be opened and admitted into evidence.
(b) The records are confidential and are available for inspection only by the court,
parties, counsel for the parties, and any other person who is authorized by the court to inspect
them.
(c) At the end of the action or proceeding, the court shall order the records expunged
again.
(d) Any person authorized by this Subsection [
(10)
] 
(8)
 to view expunged records may
not reveal or release any information obtained from the expunged records to anyone outside the
court.
[
(11)
] 
(9)
 Records released under this chapter are classified as protected under Section
63G-2-305
 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
Records, and Subsection 
53-10-108
(2)(k) for records held by the bureau.
Section 20. Section 
77-40a-404
 is amended to read:
77-40a-404.
Confirmation of expungement -- Access to expunged records by
individuals.
(1) An individual who receives an expungement may request a written confirmation
from an agency under Subsection [
77-40a-403
(2)
] 
77-40a-401
(5)
 to confirm that the agency
has expunged all records of the offense for which the individual received the expungement.
(2) The following individuals may view or obtain an expunged record under this
chapter or Section 
77-27-5.1
:
(a) the petitioner or an individual who receives an automatic expungement under
[
Section 
77-40a-201
] 
Part 2, Automatic Expungement and Deletion
;
(b) a law enforcement officer, who was involved in the case, for use solely in the
officer's defense of a civil action arising out of the officer's involvement with the petitioner in
that particular case; and
(c) a party to a civil action arising out of the expunged incident if the information is
kept confidential and utilized only in the action.
Section 21. Section 
78A-2-302
 is amended to read:
78A-2-302.
Waiver of fees, costs, and security -- Indigent litigants -- Affidavit.
(1) As used in Sections 
78A-2-302
 through 
78A-2-309
:
(a) "Convicted" means:
(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
condition, no contest; and
(ii) a conviction of any crime or offense.
(b) "Indigent" means an individual who is financially unable to pay fees and costs or
give security.
(c) "Prisoner" means an individual who has been convicted of a crime and is
incarcerated for that crime or is being held in custody for trial or sentencing.
(2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
state without prepayment of fees and costs or security if
:
(a)
 the individual submits an affidavit demonstrating that the individual is indigent[
.
]
;
or
(b) the individual is seeking a waiver of the fee for a petition for expungement and the
individual has received a waiver for a petition for expungement from a prior court as described
in Subsection 
77-40a-305
(12)(b).
(3) A court shall find an individual indigent if the individual's affidavit under
Subsection (2) demonstrates:
(a) 
if the cause is not a petition for expungement,
 the individual has an income level at
or below 150% of the United States poverty level as defined by the most recent poverty income
guidelines published by the United States Department of Health and Human Services;
(b) if the cause is a petition for expungement, the individual has an income level at or
below 250% of the United States poverty level as defined by the most recent poverty income
guidelines published by the United States Department of Health and Human Services;
[
(b)
] 
(c)
 the individual receives benefits from a means-tested government program,
including Temporary Assistance to Needy Families, Supplemental Security Income, the
Supplemental Nutrition Assistance Program, or Medicaid;
[
(c)
] 
(d)
 the individual receives legal services from a nonprofit provider or a pro bono
attorney through the Utah State Bar; or
[
(d)
] 
(e)
 the individual has insufficient income or other means to pay the necessary fees
and costs or security without depriving the individual, or the individual's family, of food,
shelter, clothing, or other necessities.
(4) An affidavit demonstrating that an individual is indigent under Subsection [
(3)(d)
]
(3)(e)
 shall contain complete information on the individual's:
(a) identity and residence;
(b) amount of income, including any government financial support, alimony, or child
support;
(c) assets owned, including real and personal property;
(d) business interests;
(e) accounts receivable;
(f) securities, checking and savings account balances;
(g) debts; and
(h) monthly expenses.
(5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
amount of money held in the prisoner's trust account at the time the affidavit under Subsection
(2) is executed in accordance with Section 
78A-2-305
.
(6) An affidavit of indigency under this section shall state the following:
I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
the expenses of the action or legal proceedings which I am about to commence or the appeal
which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
proceedings, or appeal.
(7) The Administrative Office of the Courts shall include on a form for an affidavit of
indigency the following warning: "It is a crime for anyone to intentionally or knowingly
provide false or misleading information to the court when seeking a waiver of a court fee."
Section 22. Section 
78A-7-209.5
 is amended to read:
78A-7-209.5.
Presiding judge -- Associate presiding judge -- Election -- Powers --
Duties.
(1) (a) In judicial districts having more than one justice court judge, the justice court
judges shall elect one judge of the district to the office of presiding judge.
(b) The presiding judge shall receive an additional $2,000 per annum as compensation
from the Justice Court Technology, Security, and Training Account described in Section
78A-7-301
 for the period served as presiding judge.
(2) (a) In judicial districts having more than two justice court judges, the justice court
judges may elect one judge of the district to the office of associate presiding judge.
(b) The associate presiding judge shall receive an additional $1,000 per annum as
compensation from the Justice Court Technology, Security, and Training Account described in
Section 
78A-7-301
 for the period served as associate presiding judge.
(3) The presiding judge has the following authority and responsibilities, consistent with
the policies of the Judicial Council:
(a) working with each justice court judge in the district to implement policies and rules
of the Judicial Council;
(b) exercising powers and performing administrative duties as authorized by the
Judicial Council;
(c) if there is no other appointed justice court judge in that court available, assigning a
justice court judge to hear a case in which a judge has been disqualified in accordance with
rules of the Supreme Court;
(d) if a justice court judge of the district cannot perform the justice court judge's duties
in a case or cases due to illness, death, or other incapacity, and the governing body has not
appointed a temporary justice court judge in accordance with Section 
78A-7-208
:
(i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
(ii) facilitating judicial coverage with the appointing municipal or county authority
until a temporary justice court judge can be appointed, in accordance with Section 
78A-7-208
,
or a new justice court judge is formally appointed and takes office, in accordance with Section
78A-7-202
; and
(e) entering orders of expungement in cases expunged in accordance with [
Section
77-40a-201
] 
Title 77, Chapter 40a, Part 2, Automatic Expungement and Deletion
.
(4) (a) When the presiding judge is unavailable, the associate presiding judge shall
assume the responsibilities of the presiding judge.
(b) The associate presiding judge shall perform other duties assigned by the presiding
judge.
Section 23. Section 
78B-7-1001
 is amended to read:
78B-7-1001.
Definitions.
As used in this part:
(1) (a) [
Except as provided in Subsection (1)(b), "agency"
] 
"Agency"
 means
, except as
provided in Subsection (1)(b),
 a state, county, or local government entity that generates or
maintains records relating to a civil order for which expungement may be ordered.
(b) "Agency" does not include the Division of Child and Family Services created in [
]Section 
80-2-201
.
(2) "Civil order" means:
(a) an ex parte civil protective order;
(b) an ex parte civil stalking injunction;
(c) a civil protective order; or
(d) a civil stalking injunction.
[
(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
by an agency when the record includes a civil order.
]
(3) (a) "Expunge" means to remove a record from public inspection by:
(i) sealing the record; or
(ii) restricting or denying a person access to the record.
(b) "Expunge" does not include the destruction of a record.
(4) "Petitioner" means an individual petitioning for expungement of a civil order under
this part.
Section 24. Section 
78B-7-1004
 is amended to read:
78B-7-1004.
Distribution and effect of order of expungement -- Penalty.
(1) An individual who receives an order of expungement under Section 
78B-7-1003
shall be responsible for delivering a copy of the order of expungement to any affected agency.
[
(2) Upon receipt of an order of expungement as described in Subsection (1), an agency
shall expunge all records described in the expungement order that are under the control of the
agency.
]
(2) If an agency receives an expungement order as described in Subsection (1), the
agency shall expunge all records affected by the expungement order.
(3) Upon entry of an expungement order by a court under Section 
78B-7-1003
:
(a) the civil order is considered to never have occurred; and
(b) the petitioner may reply to an inquiry on the matter as though there was never a
civil order.
(4) (a) Unless ordered by a court to do so, an agency or official may not divulge
information or records that have been expunged under this part.
(b) An expungement order may not restrict an agency's use or dissemination of records
in the agency's ordinary course of business until the agency has received a copy of the
expungement order.
(c) Any action taken by an agency after issuance of the expungement order but before
the agency's receipt of a copy of the expungement order may not be invalidated by the order.
(5) An expungement order under this part may not:
(a) terminate or invalidate any pending administrative proceedings or actions of which
the individual had notice according to the records of the administrative body before issuance of
the expungement order;
(b) affect the enforcement of any order or findings issued by an administrative body
pursuant to the administrative body's lawful authority prior to issuance of the expungement
order; or
(c) prevent an agency from maintaining, sharing, or distributing any record required by
law.
(6) An employee or agent of an agency that is prohibited from disseminating
information from an expunged record under this section who knowingly or intentionally
discloses identifying information from the expunged record, unless allowed by law, is guilty of
a class A misdemeanor.
(7) Records expunged under this part may be released to, or viewed by, the following
individuals:
(a) the petitioner; or
(b) parties to a civil action arising out of the expunged civil order, providing the
information is kept confidential and utilized only in the action.
(8) This part does not preclude a court from considering the same circumstances or
evidence for which an expunged civil order was issued in any proceeding that occurs after the
civil order is expunged.
Section 25. Section 
80-6-1001
 is amended to read:
80-6-1001.
Definitions.
As used in this part:
(1) "Abstract" means a copy or summary of a court's disposition.
(2) (a) "Agency" means a state, county, or local government entity that generates or
maintains records for which expungement may be ordered under this part.
(b) "Agency" includes a local education agency, as defined in Section 
53E-1-102
, for
purposes of this part.
(3) 
(a)
 "Expunge" means [
to seal or otherwise restrict access to a record that is part of
an individual's juvenile record and in the custody of the juvenile court or an agency
] 
to remove
a juvenile record from public inspection by:
(i) sealing the juvenile record; or
(ii) restricting or denying a person access to the juvenile record.
(b) "Expunge" does not include the destruction of a juvenile record
.
(4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
individual that are in the custody of the juvenile court or an agency.
(b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of
Parental Rights.
(5) "Petitioner" means an individual requesting an expungement or vacatur under this
part.
Section 26. Section 
80-6-1006.1
 is amended to read:
80-6-1006.1.
Exceptions to expungement order -- Distribution of expungement
order -- Agency duties -- Effect of expungement -- Access to expunged record.
(1) This section applies to an expungement order under Section 
80-6-1004.1
,
80-6-1004.2
, 
80-6-1004.3
, 
80-6-1004.4
, or 
80-6-1004.5
.
(2) The juvenile court may not order:
(a) the Board of Pardons and Parole and the Department of Corrections to seal a record
in the possession of the Board of Pardons and Parole or the Department of Corrections, except
that the juvenile court may order the Board of Pardons and Parole and the Department of
Corrections to restrict access to a record if the record is specifically identified in the
expungement order as a record in the possession of the Board of Pardons and Parole or the
Department of Corrections; or
(b) the Division of Child and Family Services to expunge a record in an individual's
juvenile record that is contained in the Management Information System or the Licensing
Information System unless:
(i) the record is unsupported; or
(ii) after notice and an opportunity to be heard, the Division of Child and Family
Services stipulates in writing to expunging the record.
(3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
copy of the expungement order to any affected agency or official identified in the juvenile
record.
(b) An individual who is the subject of an expungement order may deliver copies of the
expungement order to all agencies and officials affected by the expungement order.
(4) (a) Upon receipt of an expungement order, an agency shall:
(i) [
to avoid destruction or expungement of records in whole or in part, expunge only
the references to the individual's name in the records relating to the individual's adjudication,
nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
ordered
] 
expunge all records affected by the expungement order
; and
(ii) destroy all photographs and records created under Section 
80-6-608
, except that a
record of a minor's fingerprints may not be destroyed by an agency.
(b) An agency that receives a copy of an expungement order shall mail an affidavit to
the individual who is the subject of the expungement order, or the individual's attorney, that the
agency has complied with the expungement order.
(5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
Department of Corrections:
(a) may not disclose records expunged in an expungement order unless required by
law;
(b) are not required to destroy any photograph or record created under Section
80-6-608
;
(c) may use an expunged record for purposes related to incarceration and supervision
of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
purpose of making decisions about:
(i) the treatment and programming of the individual;
(ii) housing of the individual;
(iii) applicable guidelines regarding the individual; or
(iv) supervision conditions for the individual;
(d) are not prohibited from disclosing or sharing any information in an expunged
record with another agency that uses the same record management system as the Board of
Pardons and Parole or the Department of Corrections; and
(e) are not required to mail an affidavit under Subsection (4)(b).
(6) Upon entry of an expungement order:
(a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
detention for which the record is expunged is considered to have never occurred; and
(b) the individual, who is the subject of the expungement order, may reply to an inquiry
on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
an arrest, an investigation, or a detention.
(7) A record expunged under Section 
80-6-1004.1
, 
80-6-1004.2
, 
80-6-1004.3
,
80-6-1004.4
, or 
80-6-1004.5
 may be released to, or viewed by, the individual who is the subject
of the record.
Section 27. 
Repealer.
This bill repeals:
Section 
77-40a-203
,
Time periods for expungement or deletion -- Identification and
processing of clean slate eligible cases.
Section 28. 
Effective date.
This bill takes effect on May 1, 2024.