Utah Code 77-40a-101. Definitions

As used in this chapter:

(1) “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.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500
class B misdemeanor	up to 6 months	up to $1,000
class C misdemeanor	up to 90 days	up to $750

For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 77-40a-101

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
Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. 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
Court: means a district court or a justice court. See Utah Code 77-40a-101
Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-40a-101
Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
Drug possession offense: means an offense under:
     (14)(a) Subsection 58-37-8(2), except:
          (14)(a)(i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana;
          (14)(a)(ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility; or
          (14)(a)(iii) driving with a controlled substance illegally in the person's body and negligently causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
     (14)(b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
     (14)(c) Section 58-37b-6, possession or use of an imitation controlled substance; or
     (14)(d) any local ordinance which is substantially similar to any of the offenses described in this Subsection (14). See Utah Code 77-40a-101
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
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.
Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material, regardless of physical form or characteristics, that:
(21)(a) is contained in the agency's file regarding the arrest, detention, investigation, conviction, sentence, incarceration, probation, or parole of an individual; and
(21)(b) is prepared, owned, received, or retained by an agency, including a court. See Utah Code 77-40a-101 v2
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Verdict: The decision of a petit jury or a judge.

(2) “Automatic expungement” means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition.

(3) “Bureau” means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201.

(4) “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.

(5) “Civil accounts receivable” means the same as that term is defined in Section 77-32b-102.

(6) “Civil judgment of restitution” means the same as that term is defined in Section 77-32b-102.

(7)

(7)(a) “Clean slate eligible case” means, except as provided in Subsection (7)(c) a case:

(7)(a)(i) where each conviction within the case is:

(7)(a)(i)(A) a misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);

(7)(a)(i)(B) a class B or class C misdemeanor conviction; or

(7)(a)(i)(C) an infraction conviction;

(7)(a)(ii) that involves an individual:

(7)(a)(ii)(A) whose total number of convictions in Utah state courts, not including infractions, traffic offenses, or minor regulatory offenses, does not exceed the limits described in Subsections 77-40a-303(4) and (5) without taking into consideration the exception in Subsection 77-40a-303(7); and

(7)(a)(ii)(B) against whom no criminal proceedings are pending in the state; and

(7)(a)(iii) for which the following time periods have elapsed from the day on which the case is adjudicated:

(7)(a)(iii)(A) at least five years for a class C misdemeanor or an infraction;

(7)(a)(iii)(B) at least six years for a class B misdemeanor; and

(7)(a)(iii)(C) at least seven years for a class A conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).

(7)(b) “Clean slate eligible case” includes a case:

(7)(b)(i) that is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) if:

(7)(b)(i)(A) except as provided in Subsection (7)(c), each charge within the case is a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;

(7)(b)(i)(B) the individual involved meets the requirements of Subsection (7)(a)(ii); and

(7)(b)(i)(C) the time periods described in Subsections (7)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed; or

(7)(b)(ii) where charges are dismissed without prejudice if each conviction, or charge that was dismissed, in the case would otherwise meet the requirements under Subsection (7)(a) or (b)(i).

(7)(c) “Clean slate eligible case” does not include a case:

(7)(c)(i) where the individual is found not guilty by reason of insanity;

(7)(c)(ii) where the case establishes a criminal accounts receivable, as defined in Section 77-32b-102, that:

(7)(c)(ii)(A) has been entered as a civil accounts receivable or a civil judgment of restitution, as those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt Collection under Section 77-18-114; or

(7)(c)(ii)(B) has not been satisfied according to court records; or

(7)(c)(iii) that resulted in one or more pleas held in abeyance or convictions for the following offenses:

(7)(c)(iii)(A) any of the offenses listed in Subsection 77-40a-303(2)(a);

(7)(c)(iii)(B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against the Individual;

(7)(c)(iii)(C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;

(7)(c)(iii)(D) sexual battery in violation of Section 76-9-702.1;

(7)(c)(iii)(E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;

(7)(c)(iii)(F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(7)(c)(iii)(G) damage to or interruption of a communication device in violation of Section 76-6-108;

(7)(c)(iii)(H) a domestic violence offense as defined in Section 77-36-1; or

(7)(c)(iii)(I) any other offense classified in the Utah Code as a felony or a class A misdemeanor other than a class A misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).

(8) “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.

(9) “Court” means a district court or a justice court.

(10) “Criminal accounts receivable” means the same as that term is defined in Section 77-32b-102.

(11) “Criminal protective order” means the same as that term is defined in Section 78B-7-102.

(12) “Criminal stalking injunction” means the same as that term is defined in Section 78B-7-102.

(13) “Department” means the Department of Public Safety established in Section 53-1-103.

(14) “Drug possession offense” means an offense under:

(14)(a) Subsection 58-37-8(2), except:

(14)(a)(i) any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana;

(14)(a)(ii) any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility; or

(14)(a)(iii) driving with a controlled substance illegally in the person’s body and negligently causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

(14)(b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;

(14)(c) Section 58-37b-6, possession or use of an imitation controlled substance; or

(14)(d) any local ordinance which is substantially similar to any of the offenses described in this Subsection (14).

(15) “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.

(16) “Jurisdiction” means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.

(17)

(17)(a) “Minor regulatory offense” means, except as provided in Subsection (17)(c), a class B or C misdemeanor offense or a local ordinance.

(17)(b) “Minor regulatory offense” includes an offense under Section 76-9-701 or 76-10-105.

(17)(c) “Minor regulatory offense” does not include:

(17)(c)(i) any drug possession offense;

(17)(c)(ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(17)(c)(iii) an offense under Sections 73-18-13 through 73-18-13.6;

(17)(c)(iv) except as provided in Subsection (17)(b), an offense under Title 76, Utah Criminal Code; or

(17)(c)(v) any local ordinance that is substantially similar to an offense listed in Subsections (17)(c)(i) through (iv).

(18) “Petitioner” means an individual applying for expungement under this chapter.

(19) “Plea in abeyance” means the same as that term is defined in Section 77-2a-1.

(20) “Special certificate” means a document issued as described in Subsection 77-40a-304(1)(c) 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.

(21)

(21)(a) “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).

(21)(b) “Traffic offense” does not mean:

(21)(b)(i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(21)(b)(ii) an offense under Sections 73-18-13 through 73-18-13.6; or

(21)(b)(iii) any local ordinance that is substantially similar to an offense listed in Subsection (21)(b)(i) or (ii).

(22) “Traffic offense case” means that each offense in the case is a traffic offense.

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