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

298 words·~1 min read·/ut/title-80/chapter-6/80-6-1004-5·

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

Effective 5/7/2025

(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