41-3-902. Expungement from central registry -- report to legislature. (1) An individual listed in the central registry may request to have the individual's name expunged from the central registry by submitting a written request to the department accompanied by an affidavit sworn to by a person with personal knowledge stating facts sufficient to show that there is good cause for expungement. Good cause includes but is not limited to:

(a) newly discovered evidence that a substantiated report of child abuse or neglect is inaccurate;

(b) evidence that the requester no longer poses a risk and that no significant public purpose is served by continued listing of the requester in the state's central registry;

(c) evidence that the underlying case on which the substantiated determination was based was closed or dismissed, resulting in reunification, and the requester no longer poses a risk to children;

(d) evidence that circumstances that contributed to the finding of abuse or neglect no longer exist; or

(e) evidence that actions taken by the requester since the incident of abuse or neglect prevent the reoccurrence of abuse or neglect.

(2) (a) An administrator of the department shall review the request within 30 days of receiving the request and determine whether to grant the request.

(b) If the request is granted, the department shall expunge the requester's name from the central registry within 30 days and shall:

(i) destroy any written electronic or hard-copy records of the department related to the requester's substantiation determination; and

(ii) notify the requester and other entities, if appropriate, that the expungement process has been completed.

(c) If the request is denied, the department shall notify the requester in writing within 30 days and shall notify the requester of the right to petition the district court for expungement under subsection (3).

(3) (a) An individual whose written request for expungement has been denied by the department pursuant to subsection (2) may petition the district court in the county in which the individual resides, requesting that the court expunge the individual's name from the central registry. The petition must name the department as a respondent and must be accompanied by an affidavit sworn to by a person with personal knowledge stating facts sufficient to show that there is good cause for expungement as provided in subsection (1).

(b) The court shall hold a hearing on the petition and any response provided by the department unless a hearing is waived by agreement of the parties. At the hearing, the petitioner must be afforded an opportunity to present evidence supporting the petitioner's request for expungement.

(c) If the court finds that the petitioner has established good cause for expunging the petitioner's name from the central registry, the court shall grant the petition and shall order the department to:

(i) expunge the petitioner's name from the central registry within 30 days:

(ii) destroy any written, electronic, or hard-copy records of the department related to the petitioner's substantiation determination; and

(iii) notify the petitioner, the court, and other entities, if appropriate, that the expungement process has been completed.

(4) An individual who is listed in the central registry shall wait 2 years from the date of the original substantiation determination before requesting expungement.

(5) If an individual's request for expungement under this section is denied, the individual shall wait 2 years before submitting another request for expungement.

(6) (a) An individual listed in the state's central registry prior to July 1, 2025, may request to have the individual's name expunged from the central registry by following the procedures described in this section.

(b) The department shall notify all individuals listed in the central registry on July 1, 2025, of the right to request expungement under this section.

(7) Procedures for the expungement of central registry records, as well as updated phone numbers, addresses, and other contact information for the district court and other relevant parties, must be accessible to the public online and posted in a place that is open for public viewing in child and family services offices.

(8) Nothing in this section constitutes a waiver of any right or remedy otherwise available to an individual seeking expungement under this section.

(9) By September 1 of each year, the department shall report to the children, families, health, and human services interim committee in accordance with 5-11-210 on the following:

(a) the total number of individuals listed in the registry;

(b) the number of individuals added to the registry in the past calendar year;

(c) the number of individuals who requested expungement from the registry in the past calendar year, including the number of:

(i) first-time expungement requests submitted pursuant to subsection (4); and

(ii) second or subsequent requests submitted pursuant to subsection (5);

(d) the number of expungement requests granted in the past calendar year, including the number of granted expungement requests that are:

(i) first-time requests pursuant to subsection (4); and

(ii) second or subsequent requests submitted pursuant to subsection (5); and

(e) the number of expungement requests denied in the past calendar year, including:

(i) the number of denied expungement requests that are:

(A) first-time requests pursuant to subsection (4); and

(B) second or subsequent requests pursuant to subsection (5); and

(ii) the reason for each denied expungement request.