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H.B. 250 Enrolled

                 

EXPUNGEMENT OF CONVICTIONS AMENDMENTS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Katherine M. Bryson

                  AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; MAKING A
                  TECHNICAL CORRECTION TO A CROSS-REFERENCE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      77-18-12, as last amended by Chapter 170, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 77-18-12 is amended to read:
                       77-18-12. Grounds for denial of certificate of eligibility -- Effect of prior convictions.
                      (1) The division shall issue a certificate of eligibility to a petitioner seeking to obtain
                  expungement for a criminal record unless prior to issuing a certificate of eligibility the division finds,
                  through records of a governmental agency, including national criminal data bases that:
                      (a) the conviction for which expungement is sought is a capital felony, first degree felony,
                  second degree forcible felony, a conviction involving a sexual act against a minor, any registerable
                  sex offense as defined in Section 77-27-21.5 (1)[(e)] (d), or an attempt, solicitation, or conspiracy
                  to commit any offense listed in that subsection;
                      (b) the petitioner's record includes two or more convictions for any type of offense which
                  would be classified as a felony under Utah law, not arising out of a single criminal episode,
                  regardless of the jurisdiction in which the convictions occurred;
                      (c) the petitioner has previously obtained expungement in any jurisdiction of a crime which
                  would be classified as a felony in Utah;
                      (d) the petitioner has previously obtained expungement in any jurisdiction of two or more
                  convictions which would be classified as misdemeanors in Utah unless the convictions would be
                  classified as class B or class C misdemeanors in Utah and 15 years have passed since these
                  misdemeanor convictions;
                      (e) the petitioner was convicted in any jurisdiction, subsequent to the conviction for which


                  expungement is sought and within the time periods as provided in Subsection (2), of a crime which
                  would be classified in Utah as a felony, misdemeanor, or infraction;
                      (f) the person has a combination of three or more convictions not arising out of a single
                  criminal episode including any conviction for an offense which would be classified under Utah law
                  as a class B or class A misdemeanor or as a felony, including any misdemeanor and felony convictions
                  previously expunged, regardless of the jurisdiction in which the conviction or expungement occurred;
                  or
                      (g) a proceeding involving a crime is pending or being instituted in any jurisdiction against
                  the petitioner.
                      (2) A conviction may not be included for purposes of Subsection (1)(e), and a conviction may
                  not be considered for expungement until, after the petitioner's release from incarceration, parole, or
                  probation, whichever occurs last and all fines ordered by the court have been satisfied, at least the
                  following period of time has elapsed:
                      (a) seven years in the case of a felony;
                      (b) six years in the case of an alcohol-related traffic offense under Title 41, Motor Vehicles;
                      (c) five years in the case of a class A misdemeanor;
                      (d) three years in the case of any other misdemeanor or infraction under Title 76, Utah
                  Criminal Code; or
                      (e) 15 years in the case of multiple class B or class C misdemeanors.
                      (3) A petitioner who would not be eligible to receive a certificate of eligibility under
                  Subsection (1) (d) or (f) may receive a certificate of eligibility for one additional expungement if at
                  least 15 years have elapsed since the last of any of the following:
                      (a) release from incarceration, parole, or probation relating to the most recent conviction; and
                      (b) any other conviction which would have prevented issuance of a certificate of eligibility
                  under Subsection (1)(e).
                      (4) If, after reasonable research, a disposition for an arrest on the criminal history file is
                  unobtainable, the division may issue a special certificate giving discretion of eligibility to the court.

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