Section 1006 – Effect of an expunged record — Agency duties.

• (1) Upon receipt of an expungement order under this part, an agency shall expunge all records described in the expungement order that are under the control of the agency in accordance with Subsection 80-6-1005(4)(b).

• (2) Upon the entry of the expungement order under this part:
  • (a) an adjudication or a nonjudicial adjustment in a petitioner’s case is considered to have never occurred; and
  • (b) the petitioner may reply to an inquiry on the matter as though there never was an adjudication or nonjudicial adjustment.

• (3) The following persons may inspect an expunged record upon a petition by an individual who is the subject of the record:
  • (a) the individual who is the subject of the record; and
  • (b) a person that is named in the petition.

• (4) An agency named in an expungement order under this part shall mail an affidavit to the petitioner verifying the agency has complied with the expungement order.

Renumbered and Amended by Chapter 261, 2021 General Session