Utah Code 78B-7-1004. Distribution and effect of order of expungement — Penalty
Current as of: 2024 | Check for updates
|
Other versions
(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.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 78B-7-1004
- agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
- Civil order: means :(2)(a) an ex parte civil protective order;(2)(b) an ex parte civil stalking injunction;(2)(c) a civil protective order; or(2)(d) a civil stalking injunction. See Utah Code 78B-7-1001
- Court: means the district court or juvenile court. See Utah Code 78B-7-201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001
- Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001
(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.(3) Upon entry of an expungement order by a court under Section 78B-7-1003:(3)(a) the civil order is considered to never have occurred; and(3)(b) the petitioner may reply to an inquiry on the matter as though there was never a civil order.(4)(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.(4)(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.(4)(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:(5)(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;(5)(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(5)(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:(7)(a) the petitioner; or(7)(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.