Expungement of Juvenile Records in Utah
Expunging a juvenile arrest and prosecution record means that the court orders the records of the juvenile court and related records of state, county, and local government agencies to be sealed. To expunge an eligible juvenile record under Section 78A-6-1105, you must petition the court. The court does not expunge the record automatically.
After the expungement order has been entered, the petitioner's earlier juvenile court proceedings are considered never to have occurred. In fact, the petitioner may respond to an inquiry as though that incident did not occur. Also, the expunction prevents the public from being able to view or copy the record.
The order to seal records applies only to government agencies so some non-government entities may still have records related to the case including news agencies.
Attorney to Expunge a Juvenile Record in Salt Lake City, Utah
At Brown, Bradshaw & Moffat, LLP, our attorneys represent juveniles at every state of their case. Call our experienced juvenile defense attorneys in Salt Lake City, Utah, to learn more about the petition to expunge the juvenile record.
We can help you or your child expunge a juvenile record in Salt Lake County or any of the counties in Utah. Let us put our experience to work for you. Call (801) 532-5297 today.
Eligibility to Expungement of Juvenile Records in Utah
To petition the court for the expungement of a juvenile record, the petitioner must be at least 18 years old and at least one year must have passed from the date of:
- the juvenile’s unconditional release from the custody of the Division of Juvenile Justice Services; or
- the termination of juvenile court jurisdiction.
In some cases, the court may waive one of these requirements if the court finds that the waiver is appropriate.
Juvenile Records Not Eligible for Expungement
The court is not allowed to expunge the petitioner's juvenile record if:
- restitution has not been paid;
- an adult felony or misdemeanor case against the petitioner is pending or is being started;
- the petitioner has been convicted as an adult of a felony or of a misdemeanor involving moral turpitude; or
- the record contains an adjudication for murder or aggravated murder.
If the petitioner has an adult criminal record, then the adult criminal record must be expunged before the juvenile records can be expunged. A hearing is not required if the petitioner’s juvenile court record consists only of non-judicial adjustments.
Obtaining the Criminal History Report in Utah
Before filing a Petition to Expunge Records, the petitioner must first obtain their adult Criminal History Report from the Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety. To obtain the Criminal History Report from BCI, the petitioner must pay a fee for the report. In some cases, the judge will want to see criminal history records from other jurisdictions in which the juvenile lived previously.
Filing the Petition to Expunge Juvenile Records
Unless waived by the court, there is a fee to file the petition to expunge the juvenile record. The petition to expunge the juvenile record must be filed in the juvenile court that handled the original juvenile court case. The original Criminal History Report from the Bureau of Criminal Identification (BCI) must be included with the petitioner.
So that the records can be properly sealed, the petitioner must identify any agencies known or thought to have records related to the offense for which expungement is being sought. The petition must also be served on the office of the prosecutor who handled the original juvenile court case.
After the petition is filed, the court schedules a hearing and notifies the petitioner, the county attorney or district attorney, the juvenile court's probation department, and the government agencies named by the petitioner as having custody of related records.
If a victim in the case has requested notice, then the court will also notify the victim and provide them with a copy of the petition and the statutes and rules that apply to the expunction process.
Order to Expunge Juvenile Records in Utah
At the hearing, the court will consider the following:
- whether the petitioner is 18 or older;
- whether it has been at least one year since termination of the juvenile court’s jurisdiction;
- whether it has been at least one year since the person's unconditional release from the custody of the Division of Juvenile Justice Services;
- whether the petitioner has not been convicted as an adult of a felony or of a misdemeanor involving moral turpitude;
- whether there is no adult felony or misdemeanor case against the petitioner pending or being started;
- whether restitution has been paid; and
- whether the petitioner has been rehabilitated, taking into consideration the petitioner's response to programs and treatment, the petitioner's behavior after adjudication, and the nature and seriousness of the conduct.
After considering these issues and determining that the record is eligible to be expunged, the Court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity.
Section 78A-6-1105 for Expungement of Juvenile Court Record - Visit the website of the Utah State Legislature to learn more about the juvenile court act and the expungement of juvenile court records effective July 1, 2015. Find eligibility requirements, the filing of a petition, and requirements for notice to the victim in the case.
Expunging Juvenile Records in Utah - Visit the website of the Utah Courts to find information on expunging juvenile records, determining eligibility to seal juvenile court records, obtaining the criminal history report, the petition to expunge records, attending the hearing, and the order to expunge records.
Finding an Attorney to Expunge a Juvenile Record
If you were arrested and prosecuted for a crime in juvenile court, you might eventually become eligible to expunge and seal that arrest record and court filed. An attorney can help you at every step of the process from filing the petition to standing beside you at the hearing.
Call (801) 532-5297 today to discuss your case. Let us put our experience to work for you as we work to expunge your criminal record in Utah.