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:
     (i) a capital felony;
     (ii) a first degree felony;
     (iii) a second degree forcible felony;
     (iv) automobile homicide;
     (v) a felony violation of Section 41-6a-502;
     (vi) a conviction involving a sexual act against a minor;
     (vii) any registerable sex offense as defined in Subsection 77-27-21.5(1)(n); or
     (viii) an attempt, solicitation, or conspiracy to commit any offense listed in Subsection 77-27-21.5(1)(n);
     (b) the petitioner's record includes two or more convictions for any type of offense that would be a felony under Utah law and that do not arise out of a single criminal episode, regardless of the jurisdiction in which the convictions occurred, unless the petitioner has received a pardon from the Board of Pardons and Parole for either or both of the convictions;
     (c) the petitioner has previously obtained expungement in any jurisdiction of a crime which would be a felony under Utah law;
     (d) the petitioner has previously obtained expungement in any jurisdiction of two or more convictions which would be misdemeanors under Utah law unless the convictions would be class B or class C misdemeanors under Utah law 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 provided in Subsection (2), of a crime that would be a felony, misdemeanor, or infraction under Utah law;
     (f) the petitioner 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 a class B or class A misdemeanor or a felony under Utah law, and including any misdemeanor and felony convictions previously expunged, regardless of the jurisdiction in which the conviction or expungement occurred, unless the petitioner has received a pardon from the Board of Pardons and Parole for one or more of the convictions;
     (g) a proceeding involving a crime is pending or being instituted in any jurisdiction against the petitioner; or
     (h) the petitioner has not paid the full amount of court ordered restitution pursuant to Section 77-38a-302, or by the Board of Pardons and Parole pursuant to Section 77-27-6 on the conviction for which the person is seeking an expungement.
     (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) ten years in the case of:

     (i) a misdemeanor conviction or the equivalent of a misdemeanor conviction as defined in Subsection 41-6a-501(2); or
     (ii) a felony violation of Subsection 58-37-8(2)(g);
     (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;
     (e) six years in the case of multiple class C misdemeanors;
     (f) 12 years in the case of multiple class B misdemeanors; or
     (g) 15 years in the case of multiple class A 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:
     (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.

Amended by Chapter 303, 2008 General Session
Amended by Chapter 306, 2008 General Session
Amended by Chapter 355, 2008 General Session
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Last revised: Thursday, May 28, 2009