H.B.
21
EXPUNGEMENT REVISIONS
Senate Floor
Amendments
Amendment 3 February 22, 2010 10:06 AM
Senator Benjamin M. McAdams proposes the following amendments:
1. Page 33, Lines 1009 through 1019 :
1009 [
"Criminal event" means all convictions entered in a single information or indictment as
defined in Section 77-1-3, or all convictions pertaining to a larger single criminal episode.
["Division"
means the Criminal Investigations and Technical Services
1010
(7)
"Department" means the Department of Public Safety established in Section
1011 [
1012 [
1013
1014
{
(7)
}
(8)
"Expunge" means to seal or otherwise restrict access to the petitioner's record of
1015 arrest, investigation, detention, or conviction held by an agency.
1016 [
{
(8)
}
(9)
"Jurisdiction" means [an area of authority] a state, district, province, political
1017 subdivision, territory, or possession of the United States or any foreign country.
1018 [
{
(9)
}
(10)
"Petitioner" means a person seeking expungement under this chapter.
1019 [
2. Page 36, Line 1104 through Page 37, Line 1114
House Committee Amendments
1-28-2010 :
1104 (4)
{
(a)
}
H. [A petitioner may expunge one felony conviction.
1105 (b) A petitioner may expunge three misdemeanor convictions, not arising out of a
1106 single criminal episode.
1107 (c) A petitioner may not expunge more than four convictions, not arising out of a single
1108 criminal episode. This restriction applies regardless of the jurisdiction in which the
1109 expungement was obtained.]
{
A petitioner is not eligible to receive a certificate of eligibility from
1109a the bureau for any record of conviction if the petitioner's criminal history contains:
1109b (i) more than one criminal episode which contains a conviction for a crime that would
1109c be a felony under Utah law;
1109d (ii) more than two criminal episodes which contain a conviction for a crime that would
1109e be a class A misdemeanor or felony under Utah law; or
1109f (iii) more than three criminal episodes which contain a conviction for a crime that
1109g would be a class B or A misdemeanor or felony under Utah law. 1109h (b) A petitioner may not
expunge more than four criminal episodes which contain a
1109i conviction for a crime that would be any type of misdemeanor or felony under Utah law.
1110 [(d)] (c) .H Infractions are not included in determining the total number of
1110a H. [ convictions] criminal episodes .H a person
1111 may expunge.
1111a H. (d) The restrictions in this Subsection (4) apply regardless of whether the petitioner
1111b has expunged any convictions or any criminal episodes and regardless of the jurisdiction in
1111c which the expungement occurred. .H }
The bureau may not issue a certificate of eligibility if, at the
time the petitioner seeks a certificate of eligibility, the bureau determines that the petitioner's criminal
history, including previously expunged convictions, contains any of the following:
(a) two or more felony convictions, each of which is contained in a separate criminal event;
(b) any combination of three or more convictions that include two class A misdemeanor convictions, each of which is contained in a separate criminal event;
(c) any combination of four or more convictions that include three class B misdemeanor convictions, each of which is contained in a separate criminal event; or
(d) five or more convictions of any degree whether misdemeanor or felony, excluding infractions, each of which is contained in a separate criminal event.
1112 (5)
{
Notwithstanding Subsection (2), if a person
}
If the petitioner
has received a pardon
from the Utah
1113 Board of Pardons and Parole, the
{
person
}
petitioner
is entitled to a certificate of eligibility for all
pardoned
1114 crimes.
3. Page 37, Lines 1126a through 1126c
House Committee Amendments
1-28-2010 :
1126a H. (b) For purposes of determining eligibility under this chapter, the bureau may
1126b review records of arrest, investigation, detention and conviction that have been previously
1126c expunged
, regardless of the jurisdiction in which the expungement occurred
.
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