Juvenile Records and Expungement

Utah Code tit. 80, ch. 80-6, pt. 80-6-P10

in effect

Utah Code § 80-6-1001 Definitions.

80-6-1001. Definitions. As used in this part: (1) "Abstract" means a copy or summary of a court's disposition. (2) (a) "Agency" means a state, county, or local government entity that generates or maintains records for which expungement may be ordered under this part. (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for purposes of this part. (3) (a) "Expunge" means to remove a juvenile record from public inspection by: (i) sealing the juvenile record; or (ii) restricting or denying access to the juvenile record. (b) "Expunge" does not include the destruction of a juvenile record. (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. (b) "Juvenile record" does not include a record of an adjudication under Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights. (5) "Petitioner" means an individual requesting an expungement or vacatur under this part. Amended by Chapter 180, 2024 General Session

Utah Code § 80-6-1001.1 Court records -- Abstracts.

80-6-1001.1. Court records -- Abstracts. (1) A court or agency with custody of an individual's record related to an offense that the individual is alleged to have committed, or an offense that the individual committed, before the individual was 18 years old may not disclose the record to a federal agency that is responsible for criminal justice research or proceedings unless the court or the agency is required to share the record under state or federal law. (2) An abstract of a record for a minor's adjudication of a traffic offense shall be submitted to the Department of Public Safety as provided in Section 53-3-218. Renumbered and Amended by Chapter 115, 2023 General Session

Utah Code § 80-6-1001.2 Venue for petition seeking expungement.

80-6-1001.2. Venue for petition seeking expungement. Notwithstanding Section 78A-6-350 and Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition for expungement under this part: (1) in the court that presided over the final proceedings in a case if a petition for delinquency was filed; or (2) if a petition for delinquency was never filed, in the juvenile court in the judicial district in which the last arrest occurred or the citation was resolved. Amended by Chapter 239, 2025 General Session

Utah Code § 80-6-1002 Vacatur of an adjudication.

80-6-1002. Vacatur of an adjudication. (1) (a) An individual who has been adjudicated for an offense by the juvenile court may petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation of: (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human trafficking for labor while subject to force, fraud, or coercion; (ii) Section 76-5d-202, engaging in prostitution; (iii) Section 76-5d-206, aiding prostitution; or (iv) Section 76-5d-209, sexual solicitation by an actor offering to engage in sexual activity for compensation. (b) The petitioner shall include in the petition the relevant juvenile court incident number and any agencies known or alleged to have any records related to the offense for which vacatur is being sought. (c) The petitioner shall include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of Section 53-10-108. (d) The petitioner shall send a copy of the petition to the prosecuting attorney. (2) (a) Upon the filing of a petition, the juvenile court shall: (i) set a date for a hearing; and (ii) at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the juvenile record: (A) that a petition has been filed; and (B) of the date of the hearing. (b) (i) The juvenile court shall provide a victim with the opportunity to request notice of a petition for vacatur. (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the court in the judicial district in which the crime occurred or judgment was entered. (iii) The notice shall include a copy of the petition and statutes and rules applicable to the petition. (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other person who may have relevant information about the petitioner may testify. (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court shall consider whether the petitioner acted subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication. (b) If the juvenile court finds by a preponderance of the evidence that the petitioner was subject to force, fraud, or coercion at the time of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the adjudication. (c) If the juvenile court does not find sufficient evidence, the juvenile court shall deny vacatur of the adjudication. (4) If the petition seeks to vacate an adjudication of an offense described in Subsections (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the adjudication unless the petitioner acted as a purchaser of any sexual activity. (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order expungement of all records in the petitioner's juvenile record pertaining to the incident identified in the petition, including relevant related records contained in the Management Information System and the Licensing Information System. (b) The juvenile court may not order expungement of any record in the petitioner's juvenile record that contains an adjudication for a violation of: (i) Section 76-5-202, aggravated murder; or (ii) Section 76-5-203, murder. (6) (a) The petitioner shall be responsible for service of the vacatur and expungement order to all affected state, county, and local entities, agencies, and officials. (b) To avoid destruction or expungement of the records in whole or in part, the agency or entity receiving the vacatur and expungement order shall only expunge all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. (7) (a) Upon entry of a vacatur and expungement order under this section: (i) the proceedings in the incident identified in the petition are considered never to have occurred; and (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never occurred. (b) Upon petition, any record expunged under this section may only be released to or viewed by: (i) the individual who is the subject of the record; or (ii) a person named in the petition of vacatur. Amended by Chapter 173, 2025 General Session Amended by Chapter 174, 2025 General Session

Utah Code § 80-6-1004.1 Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order.

80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver -- Order. (1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: (a) the individual was adjudicated for an offense in the juvenile court; (b) the individual has reached 18 years old; and (c) at least one year has passed from the day on which: (i) the juvenile court's continuing jurisdiction was terminated; or (ii) if the individual was committed to secure care, the individual was unconditionally released from the custody of the division. (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: (a) the age requirement under Subsection (1)(b) for a petition; or (b) the one-year requirement under Subsection (1)(c) for a petition. (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall: (i) set a date for a hearing; and (ii) at least 30 days before the day on which the hearing on the petition is scheduled, notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile record: (A) that the petition has been filed; and (B) of the date of the hearing. (b) (i) The juvenile court shall provide a victim with the opportunity to request notice of a petition described in Subsection (1). (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice of the petition at least 30 days before the day on which the hearing is scheduled if, before the day on which an expungement order is made, the victim, or the victim's next of kin or authorized representative if the victim is a child or an individual who is incapacitated or deceased, submits a written and signed request for notice to the juvenile court in the judicial district in which the offense occurred or judgment is entered. (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition and any statutes and rules applicable to the petition. (c) At the hearing, the prosecuting attorney, a victim, and any other individual who may have relevant information about the petitioner may testify. (d) The juvenile court may waive the hearing for the petition if: (i) (A) there is no victim; or (B) if there is a victim, the victim agrees to the waiver; and (ii) the prosecuting attorney agrees to the waiver. (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if the juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in accordance with Subsection (5)(b). (b) In deciding whether to grant a petition described in Subsection (1), the juvenile court shall consider: (i) whether expungement of the petitioner's juvenile record is in the best interest of the petitioner; (ii) the petitioner's response to programs and treatment; (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated; (iv) the petitioner's behavior subsequent to adjudication; (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record; and (vi) if the petitioner is a restricted person under Subsection 76-11-302(4) or 76-11-303(4): (A) whether the offense for which the petitioner is a restricted person was committed with a weapon; (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk to public safety; and (C) the amount of time that has passed since the adjudication of the offense for which the petitioner is a restricted person. (6) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if: (a) the petitioner has been convicted of a violent felony within five years before the day on which the petition for expungement is filed; (b) there are delinquency or criminal proceedings pending against the petitioner; (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile court for an adjudication in the petitioner's juvenile record; (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record; or (e) the petitioner's juvenile record contains an adjudication for a violation of: (i) Section 76-5-202, aggravated murder; or (ii) Section 76-5-203, murder. Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 80-6-1004.2 Petition to expunge nonjudicial adjustment -- Order.

80-6-1004.2. Petition to expunge nonjudicial adjustment -- 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 nonjudicial adjustments; (b) the individual's juvenile record is not eligible for automatic expungement under Section 80-6-1004.5; and (c) the individual has reached 18 years old. (2) 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. (3) Except as provided in Subsection (4), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record. (4) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if: (a) there are delinquency or criminal proceedings pending against the petitioner; or (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record. Enacted by Chapter 115, 2023 General Session

Utah Code § 80-6-1004.3 Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.

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. Enacted by Chapter 115, 2023 General Session

Utah Code § 80-6-1004.4 Petition to expunge petition not found to be true -- Order.

80-6-1004.4. Petition to expunge petition not found to be true -- Order. (1) An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual's juvenile record pertaining to an incident where a petition was filed if: (a) the incident was presented to the juvenile court for adjudication based upon an admission, plea, or trial; (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the petition to be true; (c) at least 30 days have passed since the day on which the juvenile court did not find the allegations in the petition to be true; and (d) an appeal has not been filed for the petition within the 30-day period described in Subsection (1)(c). (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) The juvenile court shall grant a petition described in Subsection (1), without a hearing, and order expungement of any record in the petitioner's juvenile record pertaining to the incident. Enacted by Chapter 115, 2023 General Session

Utah Code § 80-6-1004.5 Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.

80-6-1004.5. Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment. (1) Except as provided in Subsection (2), the juvenile court shall issue, without a petition, an order to expunge an individual's juvenile record if: (a) the individual has reached 18 years old; (b) the individual's juvenile record consists solely of nonjudicial adjustments; (c) the individual has successfully completed each nonjudicial adjustment; and (d) all nonjudicial adjustments were completed on or after October 1, 2023. (2) An individual's juvenile record is not eligible for expungement under Subsection (1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of: (a) Section 41-6a-502, driving under the influence; (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (c) Section 76-5-206, negligent homicide; (d) Section 76-5-418, sexual battery; (e) Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school; (f) Section 76-11-206, carrying a dangerous weapon at a daycare; or (g) Section 76-11-211, possession of a dangerous weapon by a minor. (3) If an individual's juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023: (a) any nonjudicial adjustment in the individual's juvenile record is considered to never have occurred if: (i) the individual has reached 18 years old; (ii) the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual's juvenile record; and (iii) the nonjudicial adjustment was for an offense that is not an offense described in Subsection (2); and (b) the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment. Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 80-6-1006.1 Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record.

80-6-1006.1. Exceptions to expungement order -- Distribution of expungement order -- Agency duties -- Effect of expungement -- Access to expunged record. (1) This section applies to an expungement order under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5. (2) The juvenile court may not order: (a) 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. (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject of the record. Amended by Chapter 180, 2024 General Session

Utah Code § 80-6-1007 Fees.

80-6-1007. Fees. (1) Except for a filing fee for a petition under this part, the juvenile court may not charge a fee for: (a) an issuance of an expungement order under this part; or (b) an expungement of a record under this part. (2) An agency may not charge a fee for the expungement of a record under this part. Renumbered and Amended by Chapter 261, 2021 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter6/80-6-P10.html?v=C80-6-P10_2021050520210901Fetched: 10/26/2026