Rule 56. Expungement.
(a) Any person adjudicated in a minor's case
may petition the court for an order expunging and sealing the records pursuant
to Section 78A-6-1105.
(b) Upon filing the petition, the clerk
shall calendar the matter for hearing and give at least 30 days notice to the
prosecuting attorney, the Juvenile Probation Department, the agency with
custody of the records, and any victim or victims representative of record on
each adjudication identified by petitioner as being subject to expungement who
have requested in writing notice of further proceedings. The petitioner shall
obtain and file with the petition verifications from local law enforcement
agencies in every community in which the petitioner has resided during the
entire time period covered in the minor’s record stating whether petitioner has
a criminal record.
(c) If the court finds, upon hearing, that
the conditions for expungement under Section 78A-6-1105 have been satisfied,
the court shall order the records of the case sealed as provided in Section
78A-6-1105.
(d)(1) The clerk shall provide certified
copies of the executed order of expungement to the petitioner and the
petitioner shall deliver a copy of the order to each agency in the State of
Utah identified in the order.
(d)(2) Upon receipt of the order, all law
enforcement agencies shall remove from their files and computers any
information pertaining to the petitioner that was generated while
the petitioner was under the age of 18 years and seal said records.
(d)(3) The clerk shall gather in one file
all of the juvenile court's legal, social, and administrative files. The file shall
be sealed or securely fastened so that any attempt to open the file will be
evident. The petitioner's full name, address and date of expungement shall be
recorded on the file.
(d)(4) A person whose juvenile record
consists solely of nonjudicial adjustments as
provided for in Section 78A-6-602 may petition the court for expungement as
provided for in Subsection 78A-6-1105(6).