Expungement of Eviction Records

Utah Code tit. 78B, ch. 78B-6, pt. 78B-6-P8a

in effect

Utah Code § 78B-6-850 Definitions.

78B-6-850. Definitions. As used in this part: (1) "Agency" means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. (2) "Eviction" means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer. (3) "Expunge" means to seal or otherwise restrict access to records held by a court or an agency. (4) "Petitioner" means any person petitioning for expungement of an eviction under this part. (5) (a) "Tenant screening agency" means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report. (b) "Tenant screening agency" does not include an owner as defined in Section 78B-6-801. (6) "Tenant screening report" means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing. (7) "Unlawful detainer" means the same as that term is defined in Section 78B-6-801. Amended by Chapter 139, 2023 General Session

Utah Code § 78B-6-851 Stipulation to expungement by parties.

78B-6-851. Stipulation to expungement by parties. All parties to an eviction may stipulate in a settlement agreement to the expungement of an eviction. Enacted by Chapter 372, 2022 General Session

Utah Code § 78B-6-852 Automatic expungement of eviction.

78B-6-852. Automatic expungement of eviction. (1) (a) Without the filing of a petition, a court shall order expungement of all records of an eviction if: (i) the entire case was dismissed; (ii) there is no appeal pending for the case; and (iii) at least three years have passed from the day on which the eviction was filed; or (b) the parties to the eviction stipulated to expungement and have filed a stipulation with the court. (2) The court shall issue an order of expungement when the court determines that an eviction qualifies for automatic expungement under Subsection (1). (3) This section applies to evictions filed on or after July 1, 2022. Enacted by Chapter 372, 2022 General Session

Utah Code § 78B-6-853 Expungement by petition for eviction -- Venue -- Objection.

78B-6-853. Expungement by petition for eviction -- Venue -- Objection. (1) Any party to an eviction may petition the court to expunge all records of the eviction if: (a) the eviction was for: (i) remaining after the end of the lease as described in Subsection 78B-6-802(1)(a); or (ii) the nonpayment of rent as described in Subsection 78B-6-802(1)(c); and (b) any judgment for the eviction has been satisfied and a satisfaction of judgment has been filed for the judgment. (2) (a) A petitioner shall file a petition and provide notice to any other party to the eviction in accordance with the Utah Rules of Civil Procedure. (b) A petitioner shall bring a petition to expunge records of an eviction in the court that issued the order of restitution. (3) (a) Any party to the eviction may file a written objection to the petition with the court. (b) If the court receives a written objection to the petition, the court may not expunge the eviction. (4) Except as provided in Subsection (5), the court shall order expungement of all records of the eviction if the court does not receive a written objection within 60 days from the day on which the petition is filed. (5) A court may not expunge an eviction if the judgment for the eviction has not been satisfied. Amended by Chapter 194, 2024 General Session

Utah Code § 78B-6-854 Notice of expunged eviction -- Tenant screening agency -- Effect of expungement.

78B-6-854. Notice of expunged eviction -- Tenant screening agency -- Effect of expungement. (1) (a) The Administrative Office of the Courts shall publish a list on the Utah Courts' website that provides notice of any eviction expunged under this section. (b) Within 30 days from the day on which an expunged eviction is listed on the Utah Courts' website as described in Subsection (1)(a): (i) an agency shall expunge any record of the expunged eviction in the custody of the agency; and (ii) a tenant screening agency shall remove the expunged eviction from any database used by the tenant screening agency. (2) If an eviction is expunged under this part, a tenant screening agency may not: (a) disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or (b) use the eviction as a factor in determining any score or recommendation in a tenant screening report pertaining to the individual for whom the eviction has been expunged. (3) Upon entry of an expungement order by a court under this part: (a) the eviction is considered to never have occurred; and (b) the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction. (4) (a) Except as provided in Subsection (1)(b), a court, an agency, a tenant screening agency, or an employee of a court, agency, or tenant screening agency, may not disclose any eviction to, or share any information in a record of an eviction with, a person if the eviction has been expunged under this part. (b) An expunged record under this part may be released to, or viewed by, a party to the eviction. Enacted by Chapter 372, 2022 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-P8a.html?v=C78B-6-P8a_2022050420220701Fetched: 10/26/2026