Utah Code 77-40a-302 v2. Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 77-40a-302 v2
- Agency: means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. See Utah Code 77-40a-101
- Arrest: Taking physical custody of a person by lawful authority.
- Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section
53-10-201 . See Utah Code 77-40a-101 - Certificate of eligibility: means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. See Utah Code 77-40a-101
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere. See Utah Code 77-40a-101
- Criminal protective order: means the same as that term is defined in Section
78B-7-102 . See Utah Code 77-40a-101 - Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Minor regulatory offense: includes an offense under Section
76-9-701 or76-10-105 . See Utah Code 77-40a-101 - Petitioner: means an individual applying for expungement under this chapter. See Utah Code 77-40a-101
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea in abeyance: means the same as that term is defined in Section
77-2a-1 . See Utah Code 77-40a-101 - Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Traffic offense: means , except as provided in Subsection (21)(b):(21)(a)(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;(21)(a)(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;(21)(a)(iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and(21)(a)(iv) all local ordinances that are substantially similar to an offense listed in Subsections (21)(a)(i) through (iii). See Utah Code 77-40a-101
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) the following time periods have passed:(1)(a)(i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;(1)(a)(ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and(1)(a)(iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and(1)(b) one of the following occurs:(1)(b)(i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;(1)(b)(ii) all charges in the case are dismissed with prejudice;(1)(b)(iii) if a charge in the case is dismissed without prejudice or without condition:(1)(b)(iii)(A) the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or(1)(b)(iii)(B) at least 180 days have passed after the day on which the charge is dismissed;(1)(b)(iv) the petitioner is acquitted at trial on all of the charges in the case; or(1)(b)(v) the statute of limitations expires on all of the charges in the case.(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:(2)(a) there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;(2)(b) there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;(2)(c) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; or(2)(d) there is a criminal protective order or a criminal stalking injunction in effect for the case.