Utah § 80-6-1006.1 - Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.
Full text of Utah Utah Code § 80-6-1006.1 — Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record., with citation guidance and answers to common questions.
§ 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.
Effective 10/1/2024 80-6-1006.1.
Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.
the Board of Pardons and Parole and the Department of Corrections to seal a record in the possession of the Board of Pardons and Parole or the Department of Corrections, except that the juvenile court may order the Board of Pardons and Parole and the Department of Corrections to restrict access to a record if the record is specifically identified in the expungement order as a record in the possession of the Board of Pardons and Parole or the Department of Corrections; or
(b)
the Division of Child and Family Services to expunge a record in an individual's juvenile record that is contained in the Management Information System or the Licensing Information System unless:
(i)
the record is unsupported; or
(ii)
after notice and an opportunity to be heard, the Division of Child and Family Services stipulates in writing to expunging the record.
(3)
(a)
If the juvenile court issues an expungement order, the juvenile court shall send a copy of the expungement order to any affected agency or official identified in the juvenile record.
(b)
An individual who is the subject of an expungement order may deliver copies of the expungement order to all agencies and officials affected by the expungement order.
(4)
(a)
Upon receipt of an expungement order, an agency shall:
(i)
expunge all records affected by the expungement order; and
(ii)
destroy all photographs and records created under Section 80-6-608, except that a record of a minor's fingerprints may not be destroyed by an agency.
(b)
Within 60 days after the day on which an agency receives a copy of an expungement order, the agency shall mail an affidavit to the individual who is the subject of the expungement order, or the individual's attorney, that the agency has complied with the expungement order.
(5)
Notwithstanding Subsection (4), the Board of Pardons and Parole and the Department of Corrections:
(a)
may not disclose records expunged in an expungement order unless required by law;
(b)
are not required to destroy any photograph or record created under Section 80-6-608;
(c)
may use an expunged record for purposes related to incarceration and supervision of an individual under the jurisdiction of the Board of Pardons and Parole, including for the purpose of making decisions about:
(i)
the treatment and programming of the individual;
(ii)
housing of the individual;
(iii)
applicable guidelines regarding the individual; or
(iv)
supervision conditions for the individual;
(d)
are not prohibited from disclosing or sharing any information in an expunged record with another agency that uses the same record management system as the Board of Pardons and Parole or the Department of Corrections; and
(e)
are not required to mail an affidavit under Subsection (4)(b).
(6)
Upon entry of an expungement order:
(a)
an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a detention for which the record is expunged is considered to have never occurred; and
(b)
the individual, who is the subject of the expungement order, may reply to an inquiry on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a detention.
Frequently Asked Questions About Utah § 80-6-1006.1
What does Utah Code § 80-6-1006.1 cover?
Section 80-6-1006.1 ("Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.") 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 § 80-6-1006.1?
A common citation format is "Utah Code § 80-6-1006.1" (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 § 80-6-1006.1 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.
