Utah Code 77-40a-301. Requirements for expunging a criminal record — Penalty for false or misleading information on application
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(1) If an individual seeks to expunge the individual’s criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall:
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 |
Terms Used In Utah Code 77-40a-301
- 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
- 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
- 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
- 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. See Utah Code 77-40a-101(1)(a) except as provided in Subsection77-40a-305 (3) or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section77-40a-304 ;(1)(b) except as provided in Subsection77-40a-304 (2), pay the issuance fee for the certificate of eligibility or special certificate as described in Section77-40a-304 if the individual is eligible to receive a certificate of eligibility or special certificate; and(1)(c) file a petition for expungement in accordance with Section77-40a-305 . - Special certificate: means a document issued as described in Subsection
(2)
(2)(a) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6 .
(2)(b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.