Definitions.

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  • (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)
    • (a) "Clean slate eligible case" means a case:
      • (i) where, except as provided in Subsection (5)(c), each conviction within the case is:
        • (A) a misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);
        • (B) a class B or class C misdemeanor conviction; or
        • (C) an infraction conviction;
      • (ii) that involves an individual:
        • (A) whose total number of convictions in Utah state courts, not including infractions, traffic offenses, or minor regulatory offenses, does not exceed the limits described in Subsections 77-40-105(6) and (7) without taking into consideration the exception in Subsection 77-40-105(9); and
        • (B) against whom no criminal proceedings are pending in the state; and
      • (iii) for which the following time periods have elapsed from the day on which the case is adjudicated:
        • (A) at least five years for a class C misdemeanor or an infraction;
        • (B) at least six years for a class B misdemeanor; and
        • (C) at least seven years for a class A conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
    • (b) "Clean slate eligible case" includes a case 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:
      • (i) except as provided in Subsection (5)(c), each charge within the case is:
        • (A) a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);
        • (B) a class B or class C misdemeanor; or
        • (C) an infraction;
      • (ii) the individual involved meets the requirements of Subsection (5)(a)(ii); and
      • (iii) the time periods described in Subsections (5)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed.
    • (c) "Clean slate eligible case" does not include a case:
      • (i) where the individual is found not guilty by reason of insanity;
      • (ii) where the case establishes a criminal accounts receivable, as defined in Section 77-32b-102, that:
        • (A) has been entered as a civil accounts receivable or a civil judgment of restitution, as those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt Collection under Section 77-18-114; or
        • (B) has not been satisfied according to court records; or
      • (iii) that resulted in one or more pleas held in abeyance or convictions for the following offenses:
        • (A) any of the offenses listed in Subsection 77-40-105(2)(a);
        • (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against the Person;
        • (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
        • (D) sexual battery in violation of Section 76-9-702.1;
        • (E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
        • (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
        • (G) damage to or interruption of a communication device in violation of Section 76-6-108;
        • (H) a domestic violence offense as defined in Section 77-36-1; or
        • (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor other than a class A misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
  • (6) "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.
  • (7) "Department" means the Department of Public Safety established in Section 53-1-103.
  • (8) "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 (8).
  • (9) "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.
  • (10) "Jurisdiction" means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.
  • (11) "Minor regulatory offense" means any class B or C misdemeanor offense, and 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 offenses defined in Title 76, Utah Criminal Code; or
    • (e) any local ordinance that is substantially similar to those offenses listed in Subsections (11)(a) through (d).
  • (12) "Petitioner" means an individual applying for expungement under this chapter.
  • (13)
    • (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 (13)(b)(i) and (ii).





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