Juveniles are adjudicated responsible for delinquencies. Adults are convicted and are guilty of crimes. Adjudications are juvenile versions of adult crimes and are considered civil, not criminal. Delinquencies is another name for juvenile crime.
Adults have more stringent qualifications to even file for an adult criminal expungement. The criteria to file for a Utah juvenile adjudication expungement is:
(1). 18 Years Old. The juvenile is now an adult and has reached 18 years old (This can be waived by the Utah juvenile court); and
(2). One Year Post. At least one year has passed from the day on which either of the two has occurred, whichever is later:
(A). The juvenile court’s continuing jurisdiction was terminated (case closes); or
(B). If the individual was committed to secure care, the individual was unconditionally released from the custody of the division. Secure care is juvenile prison equivelant.
(3). Complete Restitution. If you failed to pay all juvenile restitution you will never be able to expunge your juvenile adjudication. Adult restitution is completely different than juvenile restitution in terms of ability to pay and amount ordered.
(4). Victim. Victim consent is not required, but helpful in obtaining juvenile expungements.
(5). Pending Juvenile Crimes. You can’t have pending juvenile charges or being on juvenile probation and apply for an expungement.
(6). Violent Crime in Last 5 Years. You cannot have been adjudicated of a violent crime in the last five years prior. Adult can never expunge violent crimes.
Just because you filed a juvenile expungement petition doesn’t mean you automatically get one.
The Utah juvenile court must find first:
“The Petitioner has been Rehabilitated.” See Utah Code 80-10-1004.
Utah Code 80-10-1004 (5)(b) states the following criteria shall be evaluated by the juvenile court in granting an expungement.
(i). Best Interests of Petitioner. Whether expungement of the petitioner’s juvenile record is in the best interest of the petitioner;
(ii). Response to Treatment. The petitioner’s response to programs and treatment;
(iii). Seriousness of the Crime. The nature and seriousness of the conduct for which the petitioner was adjudicated;
(iii). Seriousness of the Crime. The nature and seriousness of the conduct for which the petitioner was adjudicated;
(v). Reason for Juvenile Expungement. The petitioner’s reason for seeking expungement of the petitioner’s juvenile record; and
(vi). Gun Rights/Restricted Person. If the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or (b)(iii). Specifically the court should consider whether the offense for which the petitioner is a restricted person was committed with a weapon; And whether expungement of the petitioner’s juvenile record poses an unreasonable risk to public safety; And the amount of time that has passed since the adjudication of the offense for which the petitioner is a restricted person.
Expungement of NonJudicial Adjustment. Utah Code 80-10-1004.2. Non Judicial Adjustments are not handled by the juvenile judge, but by the juvenlie probation officer. Juvenile probation is attached to the juvenile courts in Utah. Less serious deliquencies go to juvenile non judicail adjustment.
Expungement of Arrest, Investigation or Detention Records. Utah Code 80-10-1004.3. Sometimes your child is investigatedand arrested. Like non judicail adjustment records, these investigative records can be expunged also.
Vacatur of Juvenile Adjudication Utah Code 80-10-1002. Vacatur is a special juvenile only type of remedy. Basically undoing the conviction.
