Effective 7/1/2022
78B-6-854. Notice of expunged eviction — Tenant screening agency — Effect of expungement.
78B-6-854. Notice of expunged eviction — Tenant screening agency — Effect of expungement.
- (1)
- (a) The Administrative Office of the Courts shall publish a list on the Utah Courts’ website that provides notice of any eviction expunged under this section.
- (b) Within 30 days from the day on which an expunged eviction is listed on the Utah Courts’ website as described in Subsection (1)(a):
- (i) an agency shall expunge any record of the expunged eviction in the custody of the agency; and
- (ii) a tenant screening agency shall remove the expunged eviction from any database used by the tenant screening agency.
- (2) If an eviction is expunged under this part, a tenant screening agency may not:
- (a) disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or
- (b) 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.
- (3) Upon entry of an expungement order by a court under this part:
- (a) the eviction is considered to never have occurred; and
- (b) the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction.
- (4)
- (a) Except as provided in Subsection (1)(b), 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.
- (b) An expunged record under this part may be released to, or viewed by, a party to the eviction.
Enacted by Chapter 372, 2022 General Session