State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-40 > 77-40-105

77-40-105. Eligibility for expungement of conviction -- Requirements.
(1) A person convicted of a crime may apply to the bureau for a certificate of eligibilityto expunge the record of conviction as provided in this section.
(2) A petitioner is not eligible to receive a certificate of eligibility from the bureau if:
(a) the conviction for which expungement is sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a violent felony as defined in Subsection 76-3-203.5(1)(c)(i);
(iv) automobile homicide;
(v) a felony violation of Subsection 41-6a-501(2); or
(vi) a registerable sex offense as defined in Subsection 77-27-21.5(1)(n);
(b) a proceeding involving a crime is pending or being investigated in any jurisdictionagainst the petitioner; or
(c) the petitioner intentionally or knowingly provides false or misleading information onthe application for a certificate of eligibility.
(3) A petitioner seeking to obtain expungement for a criminal record is not eligible toreceive a certificate of eligibility from the bureau until all of the following have occurred:
(a) all fines and interest ordered by the court have been paid in full;
(b) all restitution ordered by the court pursuant to Section 77-38a-302, or by the Board ofPardons and Parole pursuant to Section 77-27-6, has been paid in full; and
(c) the following time periods have elapsed from the date the petitioner was convicted orreleased from incarceration, parole, or probation, whichever occurred last, for each conviction thepetitioner seeks to expunge:
(i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or afelony violation of Subsection 58-37-8(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of a class A misdemeanor;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.
(4) The bureau may not issue a certificate of eligibility if, at the time the petitioner seeksa certificate of eligibility, the bureau determines that the petitioner's criminal history, includingpreviously expunged convictions, contains any of the following:
(a) two or more felony convictions, each of which is contained in a separate criminalepisode;
(b) any combination of three or more convictions that include two class A misdemeanorconvictions, each of which is contained in a separate criminal episode;
(c) any combination of four or more convictions that include three class B misdemeanorconvictions, each of which is contained in a separate criminal episode; or
(d) five or more convictions of any degree whether misdemeanor or felony, excludinginfractions, each of which is contained in a separate criminal episode.
(5) If the petitioner has received a pardon from the Utah Board of Pardons and Parole,the petitioner is entitled to a certificate of eligibility for all pardoned crimes.

Enacted by Chapter 283, 2010 General Session