Utah § 80-6-1004.3 - Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.
Full text of Utah Utah Code § 80-6-1004.3 — Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order., with citation guidance and answers to common questions.
§ 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.
Effective 10/1/2023 80-6-1004.3.
Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.
(1)
An individual may petition the juvenile court for an order to expunge the individual's juvenile record if:
(a)
the individual's juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication;
(b)
the individual was not adjudicated for an offense in the juvenile court; and
(c)
the individual has reached 18 years old.
(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 the age requirement under Subsection (1)(c) for a petition.
(4)
(a)
Upon the filing of a petition described in Subsection (1), the juvenile court shall notify the prosecuting attorney that the petition has been filed.
(b)
Within 30 days after the day on which the notification is sent under Subsection (4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner meets the requirements for expungement under this section.
(5)
Except as provided in Subsection (6), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if each case identified in the petition:
(a)
has been screened by the investigating law enforcement agency and the prosecuting attorney has determined that no charges will be filed against the individual;
(b)
resulted in all charges in the case being dismissed with prejudice;
(c)
resulted in all charges in the case being dismissed without prejudice or without condition and the prosecuting attorney consents to the expungement; or
(d)
is barred from prosecution by the statute of limitations.
(6)
The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings pending against the petitioner.
Frequently Asked Questions About Utah § 80-6-1004.3
What does Utah Code § 80-6-1004.3 cover?
Section 80-6-1004.3 ("Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- 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 § 80-6-1004.3?
A common citation format is "Utah Code § 80-6-1004.3" (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 § 80-6-1004.3 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.
