Utah Code 80-6-1004.2. Petition to expunge nonjudicial adjustment — Order
Current as of: 2024 | Check for updates
|
Other versions
(1) An individual may petition the juvenile court for an order to expunge the individual’s juvenile record if:
Terms Used In Utah Code 80-6-1004.2
- 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. See Utah Code 80-6-1001
- 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. See Utah Code 80-6-1001
- Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section
80-6-701 , upon the consent in writing of:(60)(a) the assigned juvenile probation officer; and(60)(b)(60)(b)(i) the minor; or(60)(b)(ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001
(1)(a) the individual’s juvenile record consists solely of nonjudicial adjustments;(1)(b) the individual’s juvenile record is not eligible for automatic expungement under Section 80-6-1004.5; and(1)(c) the individual has reached 18 years old.(2) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition.(3) Except as provided in Subsection (4), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner‘s juvenile record.(4) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner’s juvenile record if:(4)(a) there are delinquency or criminal proceedings pending against the petitioner; or(4)(b) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner’s juvenile record.