Utah Code 80-6-1004.4. Petition to expunge petition not found to be true — Order
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(1) An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual’s juvenile record pertaining to an incident where a petition was filed if:
Terms Used In Utah Code 80-6-1004.4
- Adjudication: means , except as provided in Subsection (3)(b):(3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:(3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;(3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section
80-6-306 ; or(3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or(3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) the incident was presented to the juvenile court for adjudication based upon an admission, plea, or trial;(1)(b) the juvenile court did not find by beyond a reasonable doubt the allegations in the petition to be true;(1)(c) at least 30 days have passed since the day on which the juvenile court did not find the allegations in the petition to be true; and(1)(d) an appeal has not been filed for the petition within the 30-day period described in Subsection (1)(c).
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.
(3) The juvenile court shall grant a petition described in Subsection (1), without a hearing, and order expungement of any record in the petitioner’s juvenile record pertaining to the incident.