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

232 words·~1 min read·/ut/title-78b/chapter-6/78b-6-853

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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.

(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.

(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