Utah Code 78B-6-854. Notice of expunged eviction — Tenant screening agency — Effect of expungement
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(1)
Terms Used In Utah Code 78B-6-854
- Agency: means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. See Utah Code 78B-6-850
- Eviction: means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer. See Utah Code 78B-6-850
- Expunge: means to seal or otherwise restrict access to records held by a court or an agency. See Utah Code 78B-6-850
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Tenant screening agency: means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. See Utah Code 78B-6-850
- Tenant screening report: means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. See Utah Code 78B-6-850
(1)(a) The Administrative Office of the Courts shall publish a list on the Utah Courts’ website that provides notice of any eviction expunged under this section.(1)(b) Within 30 days from the day on which an expunged eviction is listed on the Utah Courts’ website as described in Subsection (1)(a):(1)(b)(i) an agency shall expunge any record of the expunged eviction in the custody of the agency; and(1)(b)(ii) a tenant screening agency shall remove the expunged eviction from any database used by the tenant screening agency.
(2) If an eviction is expunged under this part, a tenant screening agency may not:
(2)(a) disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or
(2)(b) use the eviction as a factor in determining any score or recommendation in a tenant screening report pertaining to the individual for whom the eviction has been expunged.
(3) Upon entry of an expungement order by a court under this part:
(3)(a) the eviction is considered to never have occurred; and
(3)(b) the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction.
(4)
(4)(a) Except as provided in Subsection (1)(b), a court, an agency, a tenant screening agency, or an employee of a court, agency, or tenant screening agency, may not disclose any eviction to, or share any information in a record of an eviction with, a person if the eviction has been expunged under this part.
(4)(b) An expunged record under this part may be released to, or viewed by, a party to the eviction.