| Entities | Utah (2) |
| Topics and Issues | Expungement (3) |
In 2022, Utah passed a bill that provides for the expungement of eviction records. The bill was H.B. 359. Under Utah law (Sec. 78B-6-850), there are provisions to seal an eviction record with (Sec. 78B-6-851) and without (Sec. 78B-6-852) the consent of all parties. In either case, there must be a petition for sealing (Sec. 78B-6-853)
Without the consent of all parties, “a court shall order expungement of all records of an eviction if: (i) the entire case was dismissed; (ii) there is no appeal pending for the case; and (iii) at least three years have passed from the day on which the eviction was filed; or (b) the parties to the eviction stipulated to expungement and have filed a stipulation with the court.” (Sec. 78B-6-852(1)).
There is a provision in the law (Sec. 78B-6-854) for notice to tenant screening agencies. Here,
“The Administrative Office of the Courts shall publish [within 30 days from the day on which n expunged eviction is listed on the Utah Courts’ website as described in the law,] a [tenant screening] agency shall expunge any record of the expunged eviction in the custody of the agency; [and] remove the expunged eviction from any database used by [that] agency.”
Also, “[i]f an eviction is expunged under this part, a tenant screening agency may not: disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or use the eviction as a factor in determining any score or recommendation in a tenant screening report pertaining to the individual for whom the eviction has been expunged.”
Further for tenant screening agency notice provisions, “[u]pon entry of an expungement order by a court under this part: the eviction is considered to never have occurred; and the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction.”
As far as the timing of not sharing expunged information, “[e]xcept as provided in Subsection (1)(b) [concernign the 30-day notice by the AOC], a court, an agency, a tenant screening agency, or an employee of a court, agency, or tenant screening agency, may not disclose any eviction to, or share any information in a record of an eviction with, a person if the eviction has been expunged under this part.”
Lastly, “[a]n expunged record under this part may be released to, or viewed by, a party to the eviction.”
The bill was sponsored by Rep. Marsha Judkins (R) and Sen. Kirk A. Cullimore (R-Sandy). Cullimore is the Majority Assistant Whip.