Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 297 (2025GS)

Sponsor

Rep. Auxier, Tiara

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms for expungement;
• allows the Department of Public Safety to make rules regarding the procedure for notifying the Bureau of Criminal Identification of an order of expungement;
• modifies the list of offenses that are not eligible for automatic expungement;
• allows the Bureau of Criminal Identification to request the vacation of an order for automatic expungement in certain circumstances;
• modifies the requirements for a certificate of eligibility to address registration as a sex offender, kidnap offender, or child abuse offender or a protective order or criminal stalking injunction in effect against the individual;
• modifies venue for a petition seeking expungement of criminal records;
• clarifies that a certificate of eligibility has to be valid at the time that the petition for expungement was filed for a court to grant expungement;
• addresses the effect of an expungement on a civil protective order;
• modifies venue for a petition seeking expungement of juvenile records;
• includes a coordination clause to address a technical conflict if this bill and S.B. 41, Sex, Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

13
77-40a-101
77-40a-104
77-40a-205
77-40a-207
77-40a-303
77-40a-305
77-40a-306
78B-7-109
80-6-1001.2
0
Expungement Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tiara Auxier
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses expungement.
Highlighted Provisions:
This bill:
defines terms for expungement;
allows the Department of Public Safety to make rules regarding the procedure for 
notifying the Bureau of Criminal Identification of an order of expungement;
modifies the list of offenses that are not eligible for automatic expungement;
allows the Bureau of Criminal Identification to request the vacation of an order for 
automatic expungement in certain circumstances;
modifies the requirements for a certificate of eligibility to address registration as a sex 
offender, kidnap offender, or child abuse offender or a protective order or criminal 
stalking injunction in effect against the individual;
modifies venue for a petition seeking expungement of criminal records;
clarifies that a certificate of eligibility has to be valid at the time that the petition for 
expungement was filed for a court to grant expungement;
addresses the effect of an expungement on a civil protective order;
modifies venue for a petition seeking expungement of juvenile records; 
includes a coordination clause to address a technical conflict if this bill and S.B. 41, Sex, 
Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law; 
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
77-40a-101
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-104
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-205
, as enacted by Laws of Utah 2024, Chapter 180
77-40a-207
, as enacted by Laws of Utah 2024, Chapter 180
77-40a-303
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-305
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-306
, as last amended by Laws of Utah 2024, Chapter 180
78B-7-109
, as last amended by Laws of Utah 2020, Chapter 142
80-6-1001.2
, as enacted by Laws of Utah 2024, Chapter 194
Utah Code Sections Affected by Coordination Clause:
AMENDS:
77-40a-303
, as last amended by Laws of Utah 2024, Chapter 180
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
77-40a-101
 is amended to read:
77-40a-101
. Definitions.
As used in this chapter:
(1)
"Agency" means a state, county, or local government entity that generates or maintains 
records relating to an investigation, arrest, detention, or conviction for an offense for 
which expungement may be ordered.
(2)
"Automatic expungement" means the expungement of records of an investigation, 
arrest, detention, or conviction of an offense without the filing of a petition.
(3)
"Bureau" means the Bureau of Criminal Identification of the Department of Public 
Safety established in Section 
53-10-201
.
(4)
"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.
(5)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(6)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(7)
"Civil protective order" means the same as that term is defined in Section 
78B-7-102
.
(7)
(8)
"Clean slate eligible case" means a case that is eligible for automatic expungement 
under Section 
77-40a-205
.
(8)
(9)
"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.
(9)
(10)
"Court" means a district court or a justice court.
(10)
(11)
"Criminal accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(11)
(12)
"Criminal protective order" means the same as that term is defined in Section 
78B-7-102
.
(12)
(13)
"Criminal stalking injunction" means the same as that term is defined in Section 
78B-7-102
.
(13)
(14)
"Department" means the Department of Public Safety established in Section 
53-1-103
.
(14)
(15)
"Drug possession offense" means:
(a)
an offense described in Subsection 
58-37-8
(2), except for:
(i)
an offense under Subsection 
58-37-8
(2)(b)(i), possession of 100 pounds or more 
of marijuana;
(ii)
an offense enhanced under Subsection 
58-37-8
(2)(e), violation in a correctional 
facility; or
(iii)
an offense for 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)
an offense described in Subsection 
58-37a-5
(1), use or possession of drug 
paraphernalia;
(c)
an offense described in 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 
(14)
(15)
.
(15)
(16)
(a)
"Expunge" means to remove a record from public inspection by:
(i)
sealing the record; or
(ii)
restricting or denying access to the record.
(b)
"Expunge" does not include the destruction of a record.
(16)
(17)
"Indigent" means a financial status that results from a court finding that a 
petitioner is financially unable to pay the fee to file a petition for expungement under 
Section 
78A-2-302
.
(17)
(18)
"Jurisdiction" means a state, district, province, political subdivision, territory, or 
possession of the United States or any foreign country.
(18)
(19)
(a)
"Minor regulatory offense" means
, except as provided in Subsection 
(18)(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 
(18)(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 
(18)(c)(i)
(19)(c)(i)
 through (iv).
(19)
(20)
"Petitioner" means an individual applying for expungement under this chapter.
(20)
(21)
"Plea in abeyance" means the same as that term is defined in Section 
77-2a-1
.
(21)
(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)
is contained in the agency's file regarding the arrest, detention, investigation, 
conviction, sentence, incarceration, probation, or parole of an individual; and
(b)
is prepared, owned, received, or retained by an agency, including a court.
(22)
(23)
"Special certificate" means a document issued as described in Subsection 
77-40a-304(1)(c)
 by the bureau stating that the criminal record and all records of arrest, 
investigation, and detention associated with the case 
that is the subject of a petition for 
expungement is eligible for expungment
do not clearly demonstrate whether the case is 
eligible for expungement
.
(23)
(24)
(a)
"Traffic offense" means
, except as provided in Subsection (23)(b)
:
(i)
an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor 
Vehicle Act;
(i)
(ii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor 
offense under Title 41, Chapter 6a, Traffic Code;
(iii)
an infraction or a class C misdemeanor offense under Title 41, Chapter 12a, 
Financial Responsibility of Motor Vehicle Owners and Operators Act;
(ii)
(iv)
an infraction, a class B misdemeanor offense, or a class C misdemeanor 
offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(iii)
(v)
an infraction, a class B misdemeanor offense, or a class C misdemeanor 
offense under Title 73, Chapter 18, State Boating Act; and
(iv)
(vi)
all local ordinances that are substantially similar to an offense listed in 
Subsections 
(23)(a)(i)
(24)(a)(i)
 through (iii).
(b)
"Traffic offense" does not 
mean
include
:
(i)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and 
Reckless Driving;
(ii)
an offense under Section 
41-12a-302
 for operating a motor vehicle without 
owner's or operator's security;
(iii)
an offense under Section 
41-12a-303.3
 for providing false evidence of owner's or 
operator's security;
(ii)
(iv)
an offense under Sections 
73-18-13
 through 
73-18-13.6
; or
(iii)
(v)
any local ordinance that is substantially similar to an offense listed in 
Subsection 
(23)(b)(i)
(24)(b)(i)
 or (ii).
(24)
(25)
"Traffic offense case" means that each offense in the case is a traffic offense.
Section 2, 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)
specify the procedure for notification of an order of expungement under Subsection 
77-40a-306(5)(b)
;
(4)
(5)
create forms and determine information necessary to be provided to the bureau; and
(5)
(6)
implement procedures for the confirmation of an expungement under Subsection 
77-40a-401
(4).
Section 3, Section 
77-40a-205
 is amended to read:
77-40a-205
. Automatic expungement of state records for a clean slate case.
(1)
A court shall issue an order of expungement, without the filing of a petition, for all 
records of the case that are held by the court and the bureau if:
(a)
on and after October 1, 2024, but before January 1, 2026, the individual submitted a 
form requesting expungement of a case as described in Section 
77-40a-204
;
(b)
the case is eligible for expungement under this section; and
(c)
the prosecuting agency does not object to the expungement of the case as described 
in Subsection (6).
(2)
Except as otherwise provided in Subsection (3), a case is eligible for expungement 
under this section if:
(a)
(i)
each conviction within the case is a conviction for:
(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 individual is 
adjudicated:
(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); 
or
(b)
(i)
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;
(ii)
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
(iii)
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).
(3)
A case is not eligible for expungement under this section if:
(a)
the individual has a total number of convictions in courts of this state that exceed the 
limits 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 in a 
court of this state against the individual, unless the proceeding is for a traffic offense;
(c)
for an individual seeking an automatic expungement on and after January 1, 2025, 
the individual is incarcerated in the state prison or on probation or parole that is 
supervised by the Department of Corrections;
(d)
the case resulted in the individual being found not guilty by reason of insanity;
(e)
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
(f)
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)
driving under the influence of alcohol, drugs, or a combination of both, or with 
specified or unsafe blood alcohol concentration, as codified before February 2, 
2005, Laws of Utah 2005, Chapter 2; or
(ix)
(x)
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).
(4)
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.
(5)
Within 35 days after the day on which the notice described in Subsection (4) 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 restitution to the victim as ordered by the court; 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.
(6)
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 (4) is 
sent, the court may not proceed with automatic expungement of the case.
(7)
If 35 days pass after the day on which the notice described in Subsection (4) is sent 
without the prosecuting agency providing written notice of an objection under 
Subsection (5), the court shall proceed with automatic expungement of the case.
(8)
If a court issues an order of expungement under Subsection (1), the court shall:
(a)
expunge all records of the case held by the court in accordance with Section 
77-40a-401
; and
(b)
notify the bureau and the prosecuting agency identified in the case, based on 
information available to the court, of the order of expungement.
Section 4, Section 
77-40a-207
 is amended to read:
77-40a-207
. Automatic expungement by the bureau.
(1)
Upon receiving notice from a court of an expungement order under this part, the bureau 
shall expunge all records of the case in accordance with Section 
77-40a-401
.
(2)
(a)
Notwithstanding Subsection 
(1)
 or Section 
77-40a-205
, the bureau may request 
that a court vacate an expungement order issued under this part if the bureau 
determines that:
(i)
the order is expunging:
(A)
a case that was dismissed as a result of a plea held in abeyance; or
(B)
a conviction of an offense; and
(ii)
the offense was not eligible for expungement under this part at the time that the 
court issued the order.
(b)
The court shall vacate an expungement order issued under this part if the court 
determines that the offense was not eligible for expungement under this part at the 
time the court issued the order.
(2)
(3)
The bureau shall forward a copy of the expungement order to the Federal Bureau of 
Investigation.
(3)
(4)
Except for the court and the bureau, an agency is not required to expunge all 
records of a case that is automatically expunged under this part.
Section 5, 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)
seven years for the conviction of a felony;
(iv)
five years for the conviction of a drug possession offense that is a felony;
(v)
five years for the conviction of a class A misdemeanor;
(vi)
four years for the conviction of a class B misdemeanor; or
(vii)
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);
 or
(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
that require registration 
as a sex offender, kidnap offender, or child abuse offender under Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry, at the time of the application for the 
certificate of eligibility
; 
or
(vi)
a registerable child abuse offense as defined in Subsection 
77-41-102(1)
;
(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 civil protective order, 
a criminal protective order
,
 or a criminal stalking 
injunction
 against the petitioner that is
 in effect
 for the case
; or
(g)
the bureau determines that the petitioner's criminal history makes the petitioner 
ineligible for a certificate of eligibility under Subsection (4) or (5).
(3)
Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as 
defined in Section 
76-3-209
, if, at the time of the offense, a petitioner who committed 
the offense was at least 14 years old but under 18 years old, unless the petitioner was 
convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5, 
Transfer to District Court
Minor Tried as an Adult
.
(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.
(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 6, 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 Rule 42 of 
the Utah Rules of Criminal Procedure.
(b)
A petitioner shall include the identification number for the certificate of eligibility or 
special certificate described in Subsection 
77-40a-304
(2)(b)(ii) in the petition for 
expungement, unless the petitioner is not required to obtain a certificate of eligibility 
under Subsection 
(3)
 or (4).
(c)
Information on a certificate of eligibility is incorporated into a petition by reference 
to the identification number for the certificate of eligibility.
(d)
A petitioner shall bring a petition for expungement
, including a petition for 
expungement for which the petitioner obtained a special certificate
:
(i)
in the court where the criminal case was filed; 
or
(ii)
if the court in which the criminal case was filed no longer exists, in the court that 
would have jurisdiction over the criminal case if the criminal case were filed on 
the day on which the petition is brought; or
(ii)
(iii)
if charges were never filed, in the district court in the county in which the 
arrest occurred or the citation is issued.
(2)
(a)
If a petition for expungement is filed under Subsection (1)(a), the court shall 
obtain a certificate of eligibility or special certificate from the bureau.
(b)
A court may not accept a petition for expungement if the certificate of eligibility or 
special certificate is no longer valid as described in Subsection 
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 case was adjudicated or dismissed; or
(ii)
for a traffic offense case with a class B misdemeanor, at least four years have 
passed after the day on which the case was adjudicated or dismissed;
(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 
or special certificate 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 or special certificate 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 or special certificate, 
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 or special certificate, 
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 
cases 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 a case 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
, and only upon a request from the petitioner, 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 7, Section 
77-40a-306
 is amended to read:
77-40a-306
. Order of expungement.
(1)
If a petition for expungement 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 (1)(b) and Subsection 
77-40a-305(3)
 or (4):
(i)
the certificate of eligibility is valid
 at the time the petition for expungement was 
filed with the court
 and contains the information needed for the court to issue an 
order for expungement; and
(ii)
the statutory requirements for expungement have been met;
(b)
if the petitioner obtained a special certificate from the bureau:
(i)
the special certificate is valid
 at the time the petition for expungement was filed 
with the court
; and
(ii)
there is sufficient information in the petition for the court to determine that the 
statutory requirements for expungement 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 the court issues an order of expungement under this section, the court shall:
(a)
expunge all records of the case as described in Section 
77-40a-401
;
(b)
notify the bureau of the order of expungement
 in a manner specified by the 
department
; and
(c)
provide the bureau with the order of expungement and all relevant information 
available to the court that the bureau will need to identify an expunged record.
(6)
(a)
The petitioner may request certified copies of an order of expungement within 28 
days after the day on which the court issues an order of expungement.
(b)
If a petitioner makes a request under Subsection (6)(a), the court shall provide the 
petitioner with certified copies of the order of expungement.
Section 8, Section 
78B-7-109
 is amended to read:
78B-7-109
. Continuing duty to inform court of other proceedings -- Effect of 
other proceedings.
(1)
Each party has a continuing duty to inform the court of each proceeding for a civil 
protective order or a criminal protective order, any civil litigation, each proceeding in 
juvenile court, and each criminal case involving either party, including the case name, 
the file number, and the county and state of the proceeding, if that information is known 
by the party.
(2)
(a)
A civil protective order issued under this chapter is in addition to and not in lieu 
of any other available civil or criminal proceeding.
(b)
A petitioner is not barred from seeking a civil protective order because of other 
pending proceedings.
(c)
A court may not delay granting a civil protective order under this chapter because of 
the existence of a pending civil action between the parties.
(d)
If a petitioner seeks a civil protective order based upon facts related to an arrest, 
investigation, detention, charging, or conviction of the respondent, the court may 
consider the facts when determining whether to issue a civil protective order even if 
the records of the arrest, investigation, detention, charging, or conviction are 
expunged.
(3)
A petitioner may omit the petitioner's address from all documents filed with the court 
under this chapter, but shall separately provide the court with a mailing address that is 
not to be made part of the public record, but that may be provided to a peace officer or 
entity for service of process.
Section 9, Section 
80-6-1001.2
 is amended to read:
80-6-1001.2
. Venue for petition seeking expungement.
Notwithstanding Section 
78A-6-350
 and Title 78B, Chapter 3a, Venue for Civil Actions, 
a petitioner shall bring a petition for expungement under this part:
(1)
in the court 
where the
that presided over the final proceedings in a case if a
 petition for 
delinquency was filed; or
(2)
if a petition for delinquency was never filed, in the juvenile court in the 
county
judicial 
district
 in which the 
last 
arrest occurred or the citation was 
issued
resolved
.
Section 10. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 11. 
Coordinating H.B. 297 with S.B. 41.
If H.B. 297, Expungement Amendments, and S.B. 41, Sex, Kidnap, and Child Abuse 
Offender Registry Amendments, both pass and become law, the Legislature intends that, on 
May 7, 2025, Subsection 
77-40a-303(2)(a)
 be amended to read:
"
(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)
;
 or
(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
that require registration as a sex 
offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, 
and Child Abuse Registry, at the time of the application for the certificate of eligibility;
(vi) a registerable child abuse offense as defined in Subsection 77-41-102(1);
".
3-13-25 2:16 PM