State Law Summary

Utah

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Section 77-40-105 (2019) / Section 77-40-104 (2019) / 77-40-114 (2020) / 77-40-102

Secondary Sources: CCRC State Profile (7/8/2020) /

Summary of the Law

CONVICTIONS

  1. Misdemeanors:
    1. Expungement for Misdemeanor DUI if no pending charges (77-40-105(2)(b)) after 10 year wait-period starting from completion of sentence (77-40-105(3)(c)(i)). Section 77-40-105.
    2. Expungement for Class A and B Misdemeanors if no pending charges (77-40-105(2)(b)) after 5 and 4 year wait-periods, respectively, starting from completion of sentence (77-40-105(3)(c)(iii-iv)). Section 77-40-105.
    3. Expungement for Class C and lower Misdemeanors and Infractions if no pending charges (77-40-105(2)(b)) after a 3 year wait-period, starting from completion of sentence (77-40-105(3)(c)(v)). Section 77-40-105.
    4. Automatic expungement for misdemeanor convictions for possession of a controlled substance (58-37-8(2)(a)(i)), a class B or C misdemeanor, or an infraction (77-40-102(5)(a)), for a person whose total convictions do not exceed the number allowed in Subsections 77-40-105(5) and (6)(explained below in “Lifetime” section), and against whom no proceedings are pending, after the following waiting-periods (all from day of adjudication):
      1. at least five years for a class C misdemeanor or an infraction
      2. at least six years for a class B misdemeanor
      3. at least seven years for a class A conviction for possession of a controlled substance 77-40-102(5).
  2. Felonies:
    1. Expungement for Felonies if no pending charges (77-40-105(2)(b)) after a 7 year wait-period starting from completion of sentence (77-40-105(3)(c)(ii)). Section 77-40-105.
    2. Expungement for Drug Possession and Drug Trafficking Felonies if no pending charges (77-40-105(2)(b)) after 5 and 10 year wait-periods, respectively, starting from completion of sentence (77-40-105(3)(c)(ii)). Section 77-40-105.
  3. Not eligible:
    1. Listed in statue. Capital felonies, first degree felonies, violent felonies, felony automobile homicide, Felony DUI, registerable sex offenses, registerable child abuse offenses. Section 77-40-105(2)(a)(i-vii).
    2. Automatic expungement not available where acquittal is based on finding of not guilty by reason of mental insanity, or where dismissal with prejudice is based on plea in abeyance agreement. 77-40-114(2)-(3).
    3. Automatic expungement not available for convictions listed under 77-40-102(5)(c)(iii)(A)-(I).
    4. Automatic expungement not available for individuals with certain combinations of Utah state convictions. § 77-40-102(5)(a)(ii)(A) (referencing §§ 77-40-105(5), (6)):
      1. Expungement not allowed if recorded has two or more felony convictions, other than for drug possession offenses, each from a separate criminal episode 77-40-105(5)(a).
      2. Not allowed if a person has any combination of three non-drug-possession convictions if two are Class A Misdemeanors, each from separate criminal episodes. 77-40-105(5)(b).
      3. Not allowed if a person has any combination of four non-drug-possession convictions if three are Class B Misdemeanors, each from separate criminal episodes. 77-40-105(5)(c).
      4. Not allowed if a person has any combination of five non-drug-possession convictions, misdemeanors or felonies, each from separate criminal episodes. 77-40-105(5)(d).
      5. Not allowed if a person has 3 or more felony drug convictions each from different criminal episodes, or 5 or more drug convictions (misd or felony) each from different criminal episodes, including expunged convictions for both. 77-40-105(6)
    5. Not allowed if person has a drug conviction, and a non-drug conviction amounting to a felony or class A misdemeanor, arising from the same criminal episode, including expunged convictions, and the conviction renders the person ineligible under sections 77-40-105(5)(a).(b), or (c). 77-40-105(7)(a)
    6. Not allowed if person has a drug conviction, and a non-drug conviction amounting to a felony or class A misdemeanor, arising from the same criminal episode, including expunged convictions, and the non-drug possession offense has the same or a longer waiting-period than any drug-offense listed under 77-40-105(3). 77-40-105(7)(b).
    7. However, if 10 years have passed since the last conviction/release/parole/probation, whichever latest, then the limits stated may all be increased by one. Section 77-40-105(8).
  4. Lifetime or Other Limits: De facto limits established by eligibility requirements listed under “not eligible” section, but no express/stand-alone limit in the statutes.
  5. LFO Payment Required for Sentence Completion:
    1. Yes, for all restitution/fines/interest related to charges. 77-40-105(3)
    2. Yes, for all automatic expungements 77-40-102(5)(c)(ii).
  6. Other Unmodeled Criteria or Details: Juvenile Offenses § 78A-6-1501.

NON-CONVICTIONS:

  1. Expungement available for misdemeanor and felony arrests and charges if charges never filed, dropped, or the statute of limitations runs, after a waiting-period of 30 days from the arrest. Section 77-40-104.
  2. Expungement available for misdemeanor and felony arrests and charges if acquitted with no waiting-period. Section 77-40-104(3)(d).
  3. Expungement available for misdemeanor and felony arrests and charges dismissed without prejudice after 180 day waiting-period from date of dismissal. Section 77-40-104(3)(c)(ii).
  4. Automatic Expungement for misdemeanor and felony charges resulting in acquittal for all charges, or dismissal with prejudice, without a waiting-period or clean requirement. 77-40-114(2)-(3).
  5. Not Eligible
    1. Automatic expungement not available for any charges where a person was found not guilty by reason of insanity. 77-40-102(5)(c)(i).
    2. Automatic expungement not available for certain charges where a person entered a plea in abeyance. 77-40-102(5)(c)(iii)(A)-(I).

Partners

The Second Chance Gap Initiative is a project of Santa Clara University that is made possible through the support of our collaborators and partners

Contact Us

If you wish to contact us, please fill out the entire form below and press the "Send Message" button. If you wish to sign up for email updates from us, please only fill out your name and email in the form below and press the "Sign Up for Updates" button.

info@paperprisons.org

A project of
Santa Clara University

© 2021 Santa Clara University

Privacy Policy | Terms and Conditions | Cookie Policy