Fill and Sign the I Am Thepetitionerattorney for Utah State Courts Form

Findings of Fact, Conclusions of Law, and Order Approved Board of District Court Judges July 16, 2010 Page 1 of 5 My NameAddressCity, State, ZipPhoneE-mailI am the Petitioner Attorney for the Petitioner and my Utah Bar number is _________ Prosecuting Attorney and my Utah Bar number is _________ In the District Justice Court of Utah __________ Judicial District ________________ County Court Address ______________________________________________________ In Re Petition to Expunge the Records of _____________________________________Petitioner Findings of Fact, Conclusions of Law, and Order on Petition to Expunge RecordsCase Number ___________________Judge _________________________The matter before the court is a Petition to Expunge Records. This matter is being resolved by: (Choose all that apply.) The default of Petitioner Prosecuting Attorney Victim. The stipulation of the parties. The pleadings and other papers of the parties. A hearing held on __________________________ (date) notice of which was served on all parties. Petitioner was present Findings of Fact, Conclusions of Law, and Order Approved Board of District Court Judges July 16, 2010 Page 2 of 5  was not present  was represented by _______________________ (name) was not represented.The Prosecuting Attorney, _________________________ (name)was present was not present The Victim, _________________________ (name) was present was not present  was represented by _______________________ (name) was not represented.Having considered the documents filed with the court, the evidence and the arguments, and now being fully informed,The Court Finds by Clear and Convincing Evidence That:(1)the petition and certificate of eligibility are are not sufficient; (2) the statutory requirements have have not been met; and (3) expunging the Petitioner’s records is not is contrary to public interest. The Court Concludes That:(4)(A) The records of petitioner’s arrest, investigation, detention and conviction relating to the following court case(s): _____________________; _____________________; _____________________ (case numbers) should be expunged.OR(B) The records of petitioner’s arrest, investigation, and detention relating to the following incident(s): _____________________; Findings of Fact, Conclusions of Law, and Order Approved Board of District Court Judges July 16, 2010 Page 3 of 5 _____________________; _____________________ (LEA file numbers) of ___________________________ (LEA Name) should be expunged.(C) The records of petitioner’s arrest, investigation, detention and conviction should not expunged.The Court Orders That:(5)(A) Court case was filed. Records are expunged.The records of petitioner’s arrest, investigation, detention and conviction relating to the following court case(s): _____________________; _____________________; _____________________ (case numbers) shall be expunged. Petitioner shall deliver a copy of this order to any government agency or official that may have such records.The Bureau of Criminal Identification shall provide clear written directions to the petitioner along with a list of agencies known to be affected by this order.  The clerk of the court shall expunge all related court records as provided by Rule 4-205. Any other government agency or official receiving this order shall expunge related records as provided by Section 77-40-102 and Section 77-40-108. Any government agency or official receiving this order shall not divulge information identifying the petitioner. Any government agency or official receiving this order shall respond to any inquiry as though the arrest or conviction did not occur.(B) Court case was not filed. Records are expunged.The records of petitioner’s arrest, investigation, detention relating to the following incidents: _____________________; _____________________; _____________________ (LEA file numbers) of ___________________________ (LEA Name) shall be expunged. Findings of Fact, Conclusions of Law, and Order Approved Board of District Court Judges July 16, 2010 Page 4 of 5  Petitioner shall deliver a copy of this order to any government agency or official that may have such records.The Bureau of Criminal Identification shall provide clear written directions to the petitioner along with a list of agencies known to be affected by this order. The clerk of the court shall expunge all related court records as provided by Rule 4-205. Any other government agency or official receiving this order shall expunge related records as provided by Section 77-40-102 and Section 77-40-108.Any government agency or official receiving this order shall not divulge information identifying the petitioner.Any government agency or official receiving this order shall respond to any inquiry as though the arrest did not occur.(C) The records of petitioner’s arrest, investigation, detention and conviction are not expunged. Sign here @ Date Judge Findings of Fact, Conclusions of Law, and Order Approved Board of District Court Judges July 16, 2010 Page 5 of 5 Certificate of Service I certify that I served a copy of this Findings of Fact, Conclusions of Law, and Order on the following people. Person’s Name Method of Service Served at this Address Served on this Date (Petitioner or Attorney) Mail Hand Delivery Fax (Person agreed to service by fax.) Email (Person agreed to service by email.) Left at business (With person in charge or in receptacle for deliveries.) Left at home (With person of suitable age and discretion residing there.) (Prosecuting Attorney) Mail Hand Delivery Fax (Person agreed to service by fax.) Email (Person agreed to service by email.) Left at business (With person in charge or in receptacle for deliveries.) Left at home (With person of suitable age and discretion residing there.) (Victim or Attorney) Mail Hand Delivery Fax (Person agreed to service by fax.) Email (Person agreed to service by email.) Left at business (With person in charge or in receptacle for deliveries.) Left at home (With person of suitable age and discretion residing there.) (Clerk of Court) Mail Hand Delivery Electronic File Sign here @ Date Typed or Printed Name