(1) “AOC” means the Administrative Office of the Court.
(2) “Bureau” means the Bureau of Criminal Identification of the Department of Public Safety.
(3) “Clean slate eligible case” means the same as defined in Utah Code § 77-40a-101.
(4) “Conviction” means a judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere.
(5) “Expunge” means to seal or otherwise restrict access to the individual's record when the record includes a criminal investigation, detention, arrest, or conviction.
(b) Automatic expungement.
(1) Cases eligible for automatic expungement.
(A) Records in the following case types may be expunged automatically:
(i) a case that resulted in an acquittal on all charges;
(ii) a case that is dismissed with prejudice, other than a case dismissed with prejudice as a result of successful completion of a plea in abeyance which shall be processed under (b)(1)(A)(iii); and
(iii) a clean slate eligible case.
(B) Once a month the AOC must identify for each court the cases that are eligible for automatic expungement under (b)(1)(A). Cases that are clean slate eligible under (b)(1)(A)(iii) must be identified separately from those eligible for automatic expungement under (b)(1)(A)(i) and (b)(1)(A)(ii).
(2)Notice to prosecuting entities.
(A) When a list of clean slate eligible cases is created, the AOC must notify each prosecuting agency that the list is available for review on the Utah Courts Xchange website.
(B) Every prosecuting entity in the state must provide the AOC with the email address where notices should be sent. The prosecuting entity must immediately notify the AOC if the entity wants the notices sent to a different email address.
(C) The AOC is not required to send the prosecuting entity notice of cases to be expunged under paragraphs (b)(1)(A)(i) and (b)(1)(A)(ii).
(3) Objection by prosecuting entities.
(A) If the prosecuting entity objects to the expungement of a clean slate eligible case, the prosecuting agency must e-file an appropriate and valid objection within 35 days of the date notice was sent under paragraph (b)(2)(A). To be appropriate, the objection must be for at least one of the statutory bases for objection. To be valid, the objection must be e-filed using the correct document type. If an appropriate and valid objection is timely received, the AOC must remove the case from the list of clean slate eligible cases.
(B) Failure to properly e-file an objection will result in the objection being rejected.
(4) Expungement orders.
(A) After the period for objections has expired, the AOC will compile a list of the remaining clean slate eligible cases and the court will issue an expungement order for each eligible case.
(B) The AOC must provide copies of the expungement orders to the bureau and notify the prosecuting entity.
(c) Expungement by petition.
(1) How commenced. An expungement action is commenced upon the filing of a petition for expungement in the court where the criminal case was filed or if charges were never filed, in the district court of the county in which the arrest occurred or citation was issued. The petition must include the identification number from the Bureau for the certificate of eligibility. A certificate of eligibility is not required if the petitioner is proceeding under Utah Code Section 77-40a-305(3) and (4).
(2) Notice to the prosecutor. The court must provide notice of a filing of a petition to the prosecutorial office that handled the court proceedings within three days after the day on which the petitioner’s filling fee is paid or waived. If a case was never filed, the court must provide notice of a filing of a petition to the district or county attorney’s office in the jurisdiction where the arrest or citation occurred.
(3) Role of the prosecutor.
(A) Upon receipt of a notice of a filing of a petition for expungement of a conviction or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney must make reasonable efforts to provide notice to any victim of the conviction or charge.
(B) Any notice sent by the prosecutor to a victim must include a Judicial Council-approved form victim objection, a copy of the petition, certificate of eligibility, and copies of statutes and rules applicable to the petition.
(C) The prosecutor must file with the court a declaration verifying the date the notice was provided to the victim. If the prosecutor is unable to provide notice to the victim, the declaration must disclose the efforts made to provide notice to the victim. If there was no victim, the prosecutor need not file a declaration.
(D) If a prosecutor is unable to provide notice to a victim, the court must make a finding whether the efforts made to provide the victim notice in the declaration were reasonable.
(4) Role of the victim.
(A) Within 35 days after the court provided notice to the prosecutor, the victim may file with the court an objection or recommendation to the expungement petition. The court will provide any objection or recommendation filed by the victim to the petitioner and the prosecutor.
(B) A victim may appear at any expungement hearing and make a statement regarding the expungement.
(5) Objection by prosecutor.
(A) The prosecutor has 35 days from the date the notice of the petition is provided to the prosecutor to file an objection or recommendation to the petition.
(B) If the prosecutor files an objection with the court within the time frame in paragraph (c)(6)(A), the court must schedule a hearing.
(C) The petitioner, prosecutor, victim, or any other person with relevant information may testify at the hearing.
(6) Response to Objection or Recommendation. The petitioner may respond in writing to any objections or statements filed in response to the petition within 14 days after the day on which the objection or statement was received.
(7) Objection not filed.
(A) If a response from the prosecutor and any victim is received by the court within 35 days after the petition is served on the prosecutor and does not include an objection, the petitioner may file a request to submit for decision and the expungement may be granted without a hearing, though a request to submit is not required for the court to make a decision.
(B) If no objection is received within 60 days from the day on which the petition for expungement is filed with the court, the expungement may be grated without a hearing.
(8) Expungement order. If the court enters an expungement order, the court must provide to the petitioner certified copies of the order in the number requested by the petitioner. When issuing an expungement order, the court will use the forms approved by the Board of District Court Judges. The order of expungement will have a copy of the certificate of eligibility attached. The court will provide notice to the Bureau of the expungement order. The Bureau will notify all criminal justice agencies affected by the expungement order.
(9) Timing. All timeframes must be read consistently with Rule 6 of the Utah Rules of Civil Procedure.