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2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 40 - Utah Expungement Act
Section 102 - Definitions.
Universal Citation: UT Code § 77-40-102 (2018)
Effective 5/9/2017
77-40-102. Definitions.
As used in this chapter:
Amended by Chapter 356, 2017 General Session
77-40-102. Definitions.
As used in this chapter:
- (1) "Administrative finding" means a decision upon a question of fact reached by an administrative agency following an administrative hearing or other procedure satisfying the requirements of due process.
- (2) "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.
- (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) "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.
- (6) "Department" means the Department of Public Safety established in Section 53-1-103.
- (7) "Drug possession offense" means an offense under:
- (a) Subsection 58-37-8(2), except any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana, any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility or Subsection 58-37-8(2)(g), driving with a controlled substance illegally in the person's body and negligently causing serious bodily injury or death of another;
- (b) Subsection 58-37a-5(1), use or possession of drug paraphernalia;
- (c) Section 58-37b-6, possession or use of an imitation controlled substance; or
- (d) any local ordinance which is substantially similar to any of the offenses described in this Subsection (7).
- (8) "Expunge" means to seal or otherwise restrict access to the petitioner's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
- (9) "Jurisdiction" means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.
- (10) "Minor regulatory offense" means any class B or C misdemeanor offense, as well as any local ordinance, except:
- (a) any drug possession offense;
- (b)Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
- (c) Sections 73-18-13 through 73-18-13.6;
- (d) those defined in Title 76, Utah Criminal Code; or
- (e) any local ordinance that is substantially similar to those offenses listed in Subsections (10)(a) through (d).
- (11) "Petitioner" means a person seeking expungement under this chapter.
- (12)
- (a) "Traffic offense" means:
- (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41, Chapter 6a, Traffic Code;
- (ii)Title 53, Chapter 3, Part 2, Driver Licensing Act;
- (iii)Title 73, Chapter 18, State Boating Act; and
- (iv) all local ordinances that are substantially similar to those offenses.
- (b) "Traffic offense" does not mean:
- (i)Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
- (ii) Sections 73-18-13 through 73-18-13.6; or
- (iii) any local ordinance that is substantially similar to the offenses listed in Subsections (12)(b)(i) and (ii).
- (a) "Traffic offense" means:
Amended by Chapter 356, 2017 General Session
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