H.B. 250

1

EXPUNGEMENT OF CONVICTIONS
2 AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Katherine M. Bryson
6 AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; MAKING A
7 TECHNICAL CORRECTION TO A CROSS-REFERENCE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 77-18-12, as last amended by Chapter 170, Laws of Utah 1998
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 77-18-12 is amended to read:
13 77-18-12. Grounds for denial of certificate of eligibility -- Effect of prior convictions.
14 (1) The division shall issue a certificate of eligibility to a petitioner seeking to obtain
15 expungement for a criminal record unless prior to issuing a certificate of eligibility the division
16 finds, through records of a governmental agency, including national criminal data bases that:
17 (a) the conviction for which expungement is sought is a capital felony, first degree felony,
18 second degree forcible felony, a conviction involving a sexual act against a minor, any registerable
19 sex offense as defined in Section 77-27-21.5 (1)[(e)] (d), or an attempt, solicitation, or conspiracy
20 to commit any offense listed in that subsection;
21 (b) the petitioner's record includes two or more convictions for any type of offense which
22 would be classified as a felony under Utah law, not arising out of a single criminal episode,
23 regardless of the jurisdiction in which the convictions occurred;
24 (c) the petitioner has previously obtained expungement in any jurisdiction of a crime
25 which would be classified as a felony in Utah;
26 (d) the petitioner has previously obtained expungement in any jurisdiction of two or more
27 convictions which would be classified as misdemeanors in Utah unless the convictions would be

28 classified as class B or class C misdemeanors in Utah and 15 years have passed since these
29 misdemeanor convictions;
30 (e) the petitioner was convicted in any jurisdiction, subsequent to the conviction for which
31 expungement is sought and within the time periods as provided in Subsection (2), of a crime which
32 would be classified in Utah as a felony, misdemeanor, or infraction;
33 (f) the person has a combination of three or more convictions not arising out of a single
34 criminal episode including any conviction for an offense which would be classified under Utah law
35 as a class B or class A misdemeanor or as a felony, including any misdemeanor and felony
36 convictions previously expunged, regardless of the jurisdiction in which the conviction or
37 expungement occurred; or
38 (g) a proceeding involving a crime is pending or being instituted in any jurisdiction against
39 the petitioner.
40 (2) A conviction may not be included for purposes of Subsection (1)(e), and a conviction
41 may not be considered for expungement until, after the petitioner's release from incarceration,
42 parole, or probation, whichever occurs last and all fines ordered by the court have been satisfied,
43 at least the following period of time has elapsed:
44 (a) seven years in the case of a felony;
45 (b) six years in the case of an alcohol-related traffic offense under Title 41, Motor
46 Vehicles;
47 (c) five years in the case of a class A misdemeanor;
48 (d) three years in the case of any other misdemeanor or infraction under Title 76, Utah
49 Criminal Code; or
50 (e) 15 years in the case of multiple class B or class C misdemeanors.
51 (3) A petitioner who would not be eligible to receive a certificate of eligibility under
52 Subsection (1) (d) or (f) may receive a certificate of eligibility for one additional expungement if
53 at least 15 years have elapsed since the last of any of the following:
54 (a) release from incarceration, parole, or probation relating to the most recent conviction;
55 and
56 (b) any other conviction which would have prevented issuance of a certificate of eligibility
57 under Subsection (1)(e).
58 (4) If, after reasonable research, a disposition for an arrest on the criminal history file is

59 unobtainable, the division may issue a special certificate giving discretion of eligibility to the court.




Legislative Review Note
as of 1-18-00 11:08 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel