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:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 77-40a-101 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.
  • Automatic expungement: means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition. See Utah Code 77-40a-101
  • 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
  • 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
  • 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
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • 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
  • 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) “Clean slate eligible case” means a case that is eligible for automatic expungement under Section 77-40a-205.
(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:

     (14)(a) an offense described in Subsection 58-37-8(2), except for:

          (14)(a)(i) an offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana;
          (14)(a)(ii) an offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility; or
          (14)(a)(iii) an offense for 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) an offense described in Subsection 58-37a-5(1), use or possession of drug paraphernalia;
     (14)(c) an offense described in 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)

     (15)(a) “Expunge” means to remove a record from public inspection by:

          (15)(a)(i) sealing the record; or
          (15)(a)(ii) restricting or denying access to the record.
     (15)(b) “Expunge” does not include the destruction of a record.
(16) “Indigent” means a financial status that results from a court finding that a petitioner is financially unable to pay the fee to file a petition for expungement under Section 78A-2-302.
(17) “Jurisdiction” means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.
(18)

     (18)(a) “Minor regulatory offense” means, except as provided in Subsection (18)(c), a class B or C misdemeanor offense or a local ordinance.
     (18)(b) “Minor regulatory offense” includes an offense under Section 76-9-701 or 76-10-105.
     (18)(c) “Minor regulatory offense” does not include:

          (18)(c)(i) any drug possession offense;
          (18)(c)(ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
          (18)(c)(iii) an offense under Sections 73-18-13 through 73-18-13.6;
          (18)(c)(iv) except as provided in Subsection (18)(b), an offense under Title 76, Utah Criminal Code; or
          (18)(c)(v) any local ordinance that is substantially similar to an offense listed in Subsections (18)(c)(i) through (iv).
(19) “Petitioner” means an individual applying for expungement under this chapter.
(20) “Plea in abeyance” means the same as that term is defined in Section 77-2a-1.
(21) “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.
(22) “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 the case that is the subject of a petition for expungement is eligible for expungment.
(23)

     (23)(a) “Traffic offense” means, except as provided in Subsection (23)(b):

          (23)(a)(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;
          (23)(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;
          (23)(a)(iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and
          (23)(a)(iv) all local ordinances that are substantially similar to an offense listed in Subsections (23)(a)(i) through (iii).
     (23)(b) “Traffic offense” does not mean:

          (23)(b)(i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
          (23)(b)(ii) an offense under Sections 73-18-13 through 73-18-13.6; or
          (23)(b)(iii) any local ordinance that is substantially similar to an offense listed in Subsection (23)(b)(i) or (ii).
(24) “Traffic offense case” means that each offense in the case is a traffic offense.

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