UT Code § 77-40-102 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 40 - Utah Expungement Act|Section 102 - Definitions.

 Effective 7/1/2021  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)   (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).        Amended by Chapter 206, 2021 General SessionAmended by Chapter 260, 2021 General Session