Terms Used In Utah Code > Title 77 > Chapter 40a > Part 1 - General Provisions

• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• 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
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• 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.