Terms Used In Utah Code > Title 77 > Chapter 40a > Part 2 - Automatic Expungement and Deletion

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• 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
• Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-40a-101
• 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). 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Minor regulatory offense: includes an offense under Section 76-9-701 or 76-10-105. See Utah Code 77-40a-101
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Traffic offense case: means that each offense in the case is a traffic offense. See Utah Code 77-40a-101
• 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