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House amends expungement bill to require evaluations in serious-offense cases, then passes HB 59
Summary
After extended debate about public safety and judges' discretion, the House adopted an amendment requiring written evaluations (adult probation/parole) before judges may expunge certain serious sexual/abuse offenses (Title 76), and passed HB 59 as amended 72–0.
The Utah House spent an extended period on Jan. 18 debating House Bill 59, legislation that changes the expungement process for criminal convictions. Sponsors and opponents framed the dispute as a balance between second chances for rehabilitated individuals and safeguards for children and other vulnerable people.
Representative Guadabs introduced the bill as a measure to refine expungement procedures and address concerns that some convictions can be removed without adequate review. Representative Mel Brown offered a key amendment requiring a written evaluation — typically from adult probation and parole — for petitions that arise from specified serious offenses listed in Title 76. Brown said the amendment was designed to ensure judges had fuller information when considering expungement petitions involving the most serious offenses.
Representative Howard clarified the amendment was not simply a requirement that judges write down their reasons; it would authorize the court to request an investigation by probation and parole so the judge could base a determination on an informed evaluation. Supporters argued the change preserves judicial discretion while adding investigative safeguards. Representative Jack Errington, who participated in the bill task force, said the amendment tightened procedures and would make judges more cautious about granting expungement in serious cases.
Opponents cautioned about weakening categorical restrictions on expunging certain offenses; proponents replied the amendment addresses a practical problem where plea bargaining can result in lesser charges that mask more serious underlying conduct. Representative Birmingham urged care but said the amendment was an improvement over the prior procedure because it creates a process for evaluation.
Following floor debate and clarification exchanges, the House adopted the amendment and later passed HB 59, as amended, by recorded voice noting 72 affirmative votes and 0 negatives. The bill will be forwarded to the Senate for further consideration.
