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House approves expedited expungement for some cases, waives fee in select circumstances
Summary
Substitute HB53 allows immediate expungement in extraordinary circumstances, waives the $50 expungement fee in those instances, requires service on the Department of Corrections for convicted petitioners and exempts certain licensing investigations from expungement; the bill passed the House and will be sent to the Senate.
The Utah House passed substitute House Bill 53 on a 70‑0 recorded vote, advancing provisions to allow immediate expungement and to remove the typical $50 fee in certain circumstances.
Sponsor Representative Jones opened by describing a wrongful arrest case that motivated the measure, noting a man held in jail for about a month lost his job and housing before DNA cleared him. "How do I get rid of my arrest record?" Jones asked, explaining the bill lets individuals who were released without charges, had proceedings dismissed, were discharged without conviction or acquitted petition for immediate expungement when the court finds extraordinary circumstances. Jones said, "under such circumstances, there will be no fee required for the expungement."
The bill also clarifies procedures: petitioners convicted previously must serve documents on the Department of Corrections in addition to the prosecuting attorney, and the bill contains an exemption for the Division of Occupational and Professional Licensing when an active licensing investigation is underway. Representative Howard offered a pink‑sheet amendment to insert the Division of Occupational and Professional Licensing into the notice language; the floor adopted that amendment as a friendly change.
After brief discussion the House recorded 70 affirmative votes and 0 negative votes and referred HB53 to the Senate.
