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Senate approves bill allowing petition to expunge certain civil protective orders, 26–0

January 28, 2022 | 2022 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate approves bill allowing petition to expunge certain civil protective orders, 26–0
SALT LAKE CITY — The Utah Senate on Friday approved the fourth substitute of Senate Bill 85, creating a statutory process by which a person subject to a previously entered civil protective order or stalking injunction may petition a court to expunge that civil order once it has expired, under specified circumstances.

Sponsor Senator Weiler described the bill as a way for people to “hit the reset button,” allowing them to seek relief after a protective order or injunction has expired so they can seek employment and move on. “It's not automatic,” Weiler said on the floor, adding that the protected person may appear in court to explain why expungement should not be granted and that a subsequent protective order may rely on the prior, expunged order in a later proceeding.

The Senate adopted the fourth substitute and passed the bill by roll call; the chair announced the vote tally as 26 yeas, 0 nays, and 3 absent. The bill will be transmitted to the House for consideration.

Supporters described the change as restorative in limited circumstances; opponents did not press floor opposition during the presentation. The bill preserves a role for victims to contest expungement petitions and provides judges discretion in weighing requests.

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