State v. D.L.H.

2014 UT App 117, 327 P.3d 573, 2014 WL 2131565
CourtCourt of Appeals of Utah
DecidedMay 22, 2014
DocketNo. 20120890-CA
StatusPublished

This text of 2014 UT App 117 (State v. D.L.H.) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. D.L.H., 2014 UT App 117, 327 P.3d 573, 2014 WL 2131565 (Utah Ct. App. 2014).

Opinion

Opinion

ROTH, Judge:

T1 D.L.H. appeals from the juvenile court's denial of his petition for expungement of his juvenile record. We affirm.

BACKGROUND

{ 2 In 2009, D.L.H. admitted to allegations of serious child abuse against three very young children. The juvenile court committed D.LH. to juvenile detention for thirty days but suspended that commitment in favor of probation, which required D.L.H. to, among other things, submit to psychological evaluations and attend counseling. At a review hearing in February 2010, the court set a July completion date for all of D.L.H.'s probation obligations. D.L.H. performed well enough on probation that in May, his probation officer recommended that the court consider terminating probation early: D.L.H. "has completed his therapy and all obligations to the court" and "has demonstrated through his behavior that he is no longer in need of the supervision of the probation department." On that recommendation, the juvenile court released D.L.H. from probation early, terminating its continuing jurisdiction.

| 3 In 2012, after D.L.H. turned eighteen, he petitioned the juvenile court for expungement of his juvenile record. A person who was adjudicated as a minor is eligible for expungement of the juvenile record upon that person's eighteenth birthday and the passage of one year since the termination of the juvenile court's jurisdiction. Utah Code Ann. § 78A-6-1105(1)(a) (LexisNexis 2012). At the expungement hearing, D.L.H. testified that he had successfully completed probation two years before and had not had any subsequent contact with law enforcement. In the meantime, he had completed high school and was attending college. He also held part-time employment. D.LH. submitted a report recently prepared by a licensed clinical social worker (the Report). The Report detailed the conduct for which D.L.H. had been placed on probation three years earlier and, based on D.L.H.'s response to treatment and subsequent good behavior, concluded that, from a clinical perspective, his risk of recidivism was then as low as it would ever be. Though they had been notified, none of the victims or their parents appeared at the ex-pungement hearing or otherwise filed any objection. The county prosecutor confirmed that D.LH. had not had any subsequent contact with law enforcement and that he understood that the Report predicted a low risk of D.L.H. repeating his earlier conduct. Ultimately, however, the prosecutor expressed no opinion and deferred to the juvenile court judge on whether D.L.H's record ought to be expunged, stating, "[WJe'll just submit it to your honor."

T4 The judge denied the petition for ex-pungement. In doing so, the judge orally explained his reasoning:

Well, first of all, you know, I commend you for going through your ... treatment . and doing well in school and those kinds of things; but one of the things that the Court takes into consideration is the nature and seriousness of the offense.
In this particular incident, there were three victims, so we're talking about multiple victims, multiple abuses with at least one of the victims, and we're talking about very young victims as well; a one-year-old infant, a two-year-old boy, and [a third victim] two or three years old.
Given those factors, I'm not going to grant your petition for expungement. I'm denying that based upon the ... serious nature of the offense and the multiplicity of the offense, and the multiplicity of the victims. So that will be the order. Your petition for expungement will be denied.

D.L.H. appeals.

ISSUES AND STANDARDS OF REVIEW

T5 D.LH. argues that the juvenile court misinterpreted the statutory requirements for granting a petition for expunge[575]*575ment. D.L.H. also contends that the juvenile court failed to consider significant evidence that weighed in favor of granting his petition. The juvenile court's "interpretation ... of a statute is a question of law that we review for correctness." In re A.M., 2009 UT App 118, ¶ 6, 208 P.3d 1058 (citation and internal quotation marks omitted). However, when a juvenile court has properly interpreted and applied the statute, we will disturb its denial of an expungement petition only for abuse of discretion. See Utah Code Ann. § 78A-6-1105(2)(b) (explaining that a juvenile court may grant a petition for expungement only if "the rehabilitation of the petitioner has been attained to the satisfaction of the court"); cf. Horgan v. Sandy City, 2012 UT App 210, ¶ 2, 283 P.3d 1079 (per curiam) (explaining that decisions regarding expungement of an adult's record of arrest, investigation, or detention will not be set aside unless the district court abuses its broad discretion).

ANALYSIS

T6 The Juvenile Court Act (the Act) permits "[a] person who has been adjudicated" by the juvenile court to "petition the court for the expungement of the person's juvenile court record" onee he or she "reach[es] 18 years of age" and at least "one year has elapsed from the date of termination of the [Juvenile court's] continuing jurisdiction." Utah Code Ann. § 78A-6-1105(1)(a). Once a petition has been filed, the court must notify the county attorney as well as any victims and provide them an opportunity to testify at a hearing on the petition. Id. § T78A-6- @), (2)(a). The Act then sets out what the court must consider in deciding whether to grant the petition:

In deciding whether to grant a petition for expungement, the court shall consider whether the rehabilitation of the petitioner has been attained to the satisfaction of the court, taking into consideration the petitioner's response to programs and treatment, the petitioner's behavior subsequent to adjudication, and the nature and seriousness of the conduct.

Id. § 78&-6-1105(2)(b).

I. Interpretation of the Statute

17 D.LH. first asserts that the juvenile court misinterpreted the provision of the ex-pungement statute that identifies the factors the court must consider in determining whether an expungement ought to be granted. Specifically, D.LH. contends that the court erred in giving more weight to the third factor-"the nature and seriousness of the conduct"-than the other two because, according to D.L.H., "[the evident intent of the statute is that the juvenile court ... consider each of these specifically stated elements or factors ... [without giving] any one element or factor ... greater weight than any of the other elements or factors."

T8 When interpreting a statute, our first goal is to give effect to the statute's plain language. Baird v. Baird, 2014 UT 08, ¶ 36, 322 P.3d 728. In doing so, we "presume that the legislature used each word advisedly and read each term according to its ordinary and accepted meaning." In re J.M.S., 2011 UT 75, ¶ 13, 280 P.3d 410.

T9 The language of the expungement statute suggests that a juvenile court has considerable discretion: "[Iln deciding whether to grant a petition for expungement, the court shall consider whether the rehabilitation of the petitioner has been attained to the satisfaction of the court...." Utah Code Ann.

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Related

State v. Newland
2010 UT App 380 (Court of Appeals of Utah, 2010)
Baird v. Baird
2014 UT 8 (Utah Supreme Court, 2014)
Horgan v. Sandy City
2012 UT App 210 (Court of Appeals of Utah, 2012)
D.M. v. S.H.
2009 UT App 118 (Court of Appeals of Utah, 2009)
State v. J.M.S.
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Cite This Page — Counsel Stack

Bluebook (online)
2014 UT App 117, 327 P.3d 573, 2014 WL 2131565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dlh-utahctapp-2014.