§ 78B-6-854 — Notice of expunged eviction -- Tenant screening agency -- Effect of expungement.

Utah § 78B-6-854

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-6: Particular Proceedings
• Part 78B-6-8a: Expungement of Eviction Records

Text

(1) (1)(a) The Administrative Office of the Courts shall publish a list on the Utah Courts' website that provides notice of any eviction expunged under this section.
(1)(b) Within 30 days from the day on which an expunged eviction is listed on the Utah Courts' website as described in Subsection (1)(a):
(1)(b)(i) an agency shall expunge any record of the expunged eviction in the custody of the agency; and
(1)(b)(ii) a tenant screening agency shall remove the expunged eviction from any database used by the tenant screening agency.
(2) If an eviction is expunged under this part, a tenant screening agency may not:

(2)(a) disclose the eviction in a tenant screening report pertaining to an individual for whom the eviction has been expunged; or
(2)(b) use the eviction as a factor in determining any score or recommendation in a tenant screening report pertaining to the individual for whom the eviction has been expunged.
(3) Upon entry of an expungement order by a court under this part:

(3)(a) the eviction is considered to never have occurred; and
(3)(b) the individual for whom the eviction is expunged may reply to an inquiry on the matter as though there was never an eviction.
(4) (4)(a) Except as provided in Subsection (1)(b), a court, an agency, a tenant screening agency, or an employee of a court, agency, or tenant screening agency, may not disclose any eviction to, or share any information in a record of an eviction with, a person if the eviction has been expunged under this part.
(4)(b) An expunged record under this part may be released to, or viewed by, a party to the eviction.

Legislative History

Enacted by Chapter 372, 2022 General Session