2006 Utah Code - 77-18-11 — Petition -- Expungement of conviction -- Certificate of eligibility -- Fee -- Notice -- Written evaluation -- Objections -- Hearing.

     77-18-11.   Petition -- Expungement of conviction -- Certificate of eligibility -- Fee -- Notice -- Written evaluation -- Objections -- Hearing.
     (1) A person convicted of a crime may petition the convicting court for an expungement of the record of conviction.
     (2) (a) The court shall require receipt of a certificate of eligibility issued by the division under Section 77-18-12.
     (b) The fee for each certificate of eligibility is $25. This fee remains in effect until changed by the division through the process under Section 63-38-3.2.
     (c) Funds generated under Subsection (2)(b) shall be deposited in the General Fund as a dedicated credit by the department to cover the costs incurred in providing the information.
     (3) The petition and certificate of eligibility shall be filed with the court and served upon the prosecuting attorney and the Department of Corrections.
     (4) A victim shall receive notice of a petition for expungement if, prior to the entry of an expungement order, the victim or, in the case of a minor or a person who is incapacitated or deceased, the victim's next of kin or authorized representative, submits a written and signed request for notice to the office of the Department of Corrections in the judicial district in which the crime occurred or judgment was entered.
     (5) The Department of Corrections shall serve notice of the expungement request by first-class mail to the victim at the most recent address of record on file with the department. The notice shall include a copy of the petition, certificate of eligibility, and statutes and rules applicable to the petition.
     (6) The court in its discretion may request a written evaluation by Adult Parole and Probation of the Department of Corrections.
     (a) The evaluation shall include a recommendation concerning the petition for expungement.
     (b) If expungement is recommended, the evaluation shall include certification that the petitioner has completed all requirements of sentencing and probation or parole and state any rationale that would support or refute consideration for expungement.
     (c) The conclusions and recommendations contained in the evaluation shall be provided to the petitioner and the prosecuting attorney.
     (7) If the prosecuting attorney or a victim submits a written objection to the court concerning the petition within 30 days after service of the notice, or if the petitioner objects to the conclusions and recommendations in the evaluation within 15 days after receipt of the conclusions and recommendations, the court shall set a date for a hearing and notify the prosecuting attorney for the jurisdiction, the petitioner, and the victim of the date set for the hearing.
     (8) Any person who has relevant information about the petitioner may testify at the hearing.
     (9) The prosecuting attorney may respond to the court with a recommendation or objection within 30 days.
     (10) If an objection is not received under Subsection (7), the expungement may be granted without a hearing.
     (11) A court may not expunge a conviction of:
     (a) a capital felony;
     (b) a first degree felony;

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     (c) a second degree forcible felony;
     (d) any sexual act against a minor; or
     (e) an offense for which a certificate of eligibility may not be issued under Section 77-18-12.

Amended by Chapter 228, 2004 General Session