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 Utah Code section
78A-6-1501,
et. seq.
(b) Adjudication expungement.
(b)(1)
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 may be
required to obtain and file verifications from local law enforcement agencies
in every community in which the petitioner has resided stating whether
petitioner has a criminal record.
(b)(2) If the court finds, upon hearing, that the conditions for
expungement under Utah Code section 78A-6-1503
have been satisfied, the court shall order the records of the case sealed as
provided in Utah Code section 78A-6-1503.
(c)
Nonjudicial expungement.
(c)(1) A person whose
juvenile record consists solely of nonjudicial adjustments, as
provided for in Utah Code section 78A-6-602, may petition the court for
expungement as provided for in Utah Code section 78A-6-1504.
(d) The clerk shall provide certified copies of the executed order
of expungement, at no cost, 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.
Effective November 1, 2020.