2006 Utah Code - 77-18-13 — Hearing -- Standard of proof -- Exception.

     77-18-13.   Hearing -- Standard of proof -- Exception.
     (1) The court shall review the petition, certificate of eligibility, and any written evaluation and receive any testimony or writing submitted by a victim or prosecuting attorney.
     (2) The court shall issue a certificate to the petitioner, stating the court's finding that the petition and certificate of eligibility are sufficient and the statutory requirements for expungement have been satisfied unless there is clear and convincing evidence to persuade the court that it would be contrary to the interest of the public to grant a requested expungement.
     (3) Except as otherwise provided by law, a person receiving expungement of a conviction under this section may respond to any inquiry as though the conviction did not occur.

Amended by Chapter 35, 1996 General Session