House approves changes to Utah expungement rules after debate on eligibility

The House passed first substitute House Bill 69 on Feb. 5, a measure that amends sections of Utah’s expungement code to correct drafting errors and clarify which convictions and records are eligible for expungement.

Sponsor Representative Greenwood said the bill fixes complex and inconsistent code language in sections 77-40-105 and 77-40-108 that had produced confusing results in court and administrative practice. He described scenarios from a draft 'picture' of the code to show how combinations of felonies and misdemeanors sometimes produced paradoxical ineligibility for expungement.

Representative Tanner warned the floor that some of the bill’s line changes add new instances in which people would not qualify for expungement, saying "it will make it harder for people to get expungements" in certain cases. Greenwood and supporters, including Representative Layton and Representative Hutchings, responded that the intent is clarification and that the bill would, in some cases, open eligibility for people with only separate misdemeanors.

The measure also clarifies which five governmental agencies may retain access to certain expunged records. Greenwood said the agencies include the Board of Pardons, peace-officer training (the police academy), federal authorities when permitted by law, the Division of Occupational and Professional Licensing, and the State Board of Education.

After debate and summation, the House passed the first substitute 71–1 and will transmit the bill to the Senate.