Utah § 80-6-1004.1 - Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.
Full text of Utah Utah Code § 80-6-1004.1 — Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order., with citation guidance and answers to common questions.
§ 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.
Effective 5/7/2025 80-6-1004.1.
Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.
(1)
An individual may petition the juvenile court for an order to expunge the individual's juvenile record if:
(a)
the individual was adjudicated for an offense in the juvenile court;
(b)
the individual has reached 18 years old; and
(c)
at least one year has passed from the day on which:
(i)
the juvenile court's continuing jurisdiction was terminated; or
(ii)
if the individual was committed to secure care, the individual was unconditionally released from the custody of the division.
(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)
If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive:
(a)
the age requirement under Subsection (1)(b) for a petition; or
(b)
the one-year requirement under Subsection (1)(c) for a petition.
(4)
(a)
Upon the filing of a petition described in Subsection (1), the juvenile court shall:
(i)
set a date for a hearing; and
(ii)
at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile record:
(A)
that the petition has been filed; and
(B)
of the date of the hearing.
(b)
(i)
The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1).
(ii)
Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice of the petition at least 30 days before the day on which the hearing is scheduled if, before the day on which an expungement order is made, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the juvenile court in the judicial district in which the offense occurred or judgment is entered.
(iii)
The notice described in Subsection (4)(b)(ii) shall include a copy of the petition and any statutes and rules applicable to the petition.
(c)
At the hearing, the prosecuting attorney, a victim, and any other individual who may have relevant information about the petitioner may testify.
(d)
The juvenile court may waive the hearing for the petition if:
(i)
(A)
there is no victim; or
(B)
if there is a victim, the victim agrees to the waiver; and
(ii)
the prosecuting attorney agrees to the waiver.
(5)
(a)
Except as provided in Subsection (6), the juvenile court may grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in accordance with Subsection (5)(b).
(b)
In deciding whether to grant a petition described in Subsection (1), the juvenile court shall consider:
(i)
whether expungement of the petitioner's juvenile record is in the best interest of the petitioner;
(ii)
the petitioner's response to programs and treatment;
(iii)
the nature and seriousness of the conduct for which the petitioner was adjudicated;
(iv)
the petitioner's behavior subsequent to adjudication;
(v)
the petitioner's reason for seeking expungement of the petitioner's juvenile record; and
Frequently Asked Questions About Utah § 80-6-1004.1
What does Utah Code § 80-6-1004.1 cover?
Section 80-6-1004.1 ("Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-6-1004.1?
A common citation format is "Utah Code § 80-6-1004.1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-6-1004.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
