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House approves revised expungement language clarifying record access, not eligibility

Utah House of Representatives · February 21, 2013
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Summary

The House passed second substitute HB69, which clarifies which government entities may access expunged records and removes earlier eligibility thresholds; Representative Greenwood said the Senate version removed the illustrative eligibility examples; vote: 69–0.

The Utah House on Feb. 21, 2013 passed second substitute House Bill 69, a revision to expungement provisions that clarifies how expunged criminal records are handled and which government entities may access them. Representative Greenwood explained that the illustrative eligibility language he previously circulated (for example, one felony plus two misdemeanors vs. three misdemeanors) was removed on the Senate side and the current bill instead brings an existing code section into this provision to make clear the five government entities that can access expunged records for limited purposes.

Greenwood said an expunged record is not destroyed or made entirely unavailable; it remains accessible to law enforcement, courts under lawful order, and five specified government entities. He said the substitute was intended to reduce confusion among agencies that house records. The House voted to concur and passed the bill 69–0; HB69 will be returned to the Senate for the president's signature.