Expungement Amendments

5
77-40a-101
77-40a-303
0
Expungement Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jake Sawyer
LONG TITLE
General Description:
This bill addresses expungement of criminal records.
Highlighted Provisions:
This bill:
modifies a term related to the expungement of criminal records;
addresses eligibility for expungement when there is a criminal protective order, a criminal
stalking injunction, or a civil protective order; and
addresses the numerical limits that make a petitioner ineligible to receive a certificate of
eligibility for an expungement.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-40a-101
, as last amended by Laws of Utah 2025, Chapters 173, 239
77-40a-303
, as last amended by Laws of Utah 2025, Chapters 239, 277 and 291
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
77-40a-101
is amended to read:
77-40a-101
. Definitions.
As used in this chapter:
(1)
"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.
(2)
"Automatic expungement" means the expungement of records of an investigation,
arrest, detention, or conviction of an offense without the filing of a petition.
(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)
"Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(6)
"Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
(7)
"Civil protective order" means the same as that term is defined in Section
78B-7-102
.
(8)
"Clean slate eligible case" means a case that is eligible for automatic expungement
under Section
77-40a-205
.
(9)
"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.
(10)
"Court" means a district court or a justice court.
(11)
"Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(12)
"Criminal protective order" means the same as that term is defined in Section
78B-7-102
.
(13)
"Criminal stalking injunction" means the same as that term is defined in Section
78B-7-102
.
(14)
"Department" means the Department of Public Safety established in Section
53-1-103
.
(15)
"Drug possession offense" means:
(a)
an offense described in Subsection
58-37-8(2)
, except for:
(i)
an offense under Subsection
58-37-8(2)(b)(i)
, possession of 100 pounds or more
of marijuana;
(ii)
an offense enhanced under Subsection
58-37-8(2)(e)
, violation in a correctional
facility; or
(iii)
an offense for driving with a controlled substance illegally in the person's body
and negligently causing serious bodily injury or death of another, as codified
before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(b)
an offense described in Subsection
58-37a-5(1)
, use or possession of drug
paraphernalia;
(c)
an offense described in 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
(15)
.
(16)
(a)
"Expunge" means to remove a record from public inspection by:
(i)
sealing the record; or
(ii)
restricting or denying access to the record.
(b)
"Expunge" does not include the destruction of a record.
(17)
"Indigent" means a financial status that results from a court finding that a petitioner is
financially unable to pay the fee to file a petition for expungement under Section
78A-2-302
.
(18)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(19)
(a)
"Minor regulatory offense" means a class B or C misdemeanor offense or a local
ordinance.
(b)
"Minor regulatory offense" includes an offense
under Section
76-9-110
or
76-9-1106
.
for:
(i)
unsanctioned camping on state property as described in Section
76-2-208
;
(ii)
public intoxication as described in Section
76-9-110
;
(iii)
buying or possessing a tobacco product or an electronic cigarette product as a
minor as described in Section
76-9-1106
; or
(iv)
allowing a vicious animal to go at large as described in Section
76-13-212
.
(c)
"Minor regulatory offense" does not include:
(i)
any drug possession offense;
(ii)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(iii)
an offense under Sections
73-18-13
through
73-18-13.6
;
(iv)
except as provided in Subsection
(19)(b)
, an offense under Title 76, Utah
Criminal Code; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsections
(19)(c)(i)
through
(iv)
.
(20)
"Petitioner" means an individual applying for expungement under this chapter.
(21)
"Plea in abeyance" means the same as that term is defined in Section
77-2a-1
.
(22)
"Record" means a book, letter, document, paper, map, plan, photograph, film, card,
tape, recording, electronic data, or other documentary material, regardless of physical
form or characteristics, that:
(a)
is contained in the agency's file regarding the arrest, detention, investigation,
conviction, sentence, incarceration, probation, or parole of an individual; and
(b)
is prepared, owned, received, or retained by an agency, including a court.
(23)
"Special certificate" means a document issued as described in Subsection
77-40a-304(1)(c)
by the bureau stating that the criminal record and all records of arrest,
investigation, and detention associated with the case do not clearly demonstrate whether
the case is eligible for expungement.
(24)
(a)
"Traffic offense" means:
(i)
an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor
Vehicle Act;
(ii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 41, Chapter 6a, Traffic Code;
(iii)
an infraction or a class C misdemeanor offense under Title 41, Chapter 12a,
Financial Responsibility of Motor Vehicle Owners and Operators Act;
(iv)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(v)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 73, Chapter 18, State Boating Act; and
(vi)
all local ordinances that are substantially similar to an offense listed in
Subsections
(24)(a)(i)
through
(iii)
.
(b)
"Traffic offense" does not include:
(i)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(ii)
an offense under Section
41-12a-302
for operating a motor vehicle without
owner's or operator's security;
(iii)
an offense under Section
41-12a-303.3
for providing false evidence of owner's or
operator's security;
(iv)
an offense under Sections
73-18-13
through
73-18-13.6
; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsection
(24)(b)(i)
or
(ii)
.
(25)
"Traffic offense case" means that each offense in the case is a traffic offense.
Section 2. Section
77-40a-303
is amended to read:
77-40a-303
. Requirements for a certificate of eligibility to expunge records of a
conviction.
(1)
Except as otherwise provided by this section, a petitioner is eligible to receive a
certificate of eligibility from the bureau to expunge the records of a conviction if:
(a)
the petitioner has paid in full all fines and interest ordered by the court related to the
conviction for which expungement is sought;
(b)
the petitioner has paid in full all restitution ordered by the court under Section
77-38b-205
; and
(c)
the following time periods have passed after the day on which the petitioner was
convicted or released from incarceration, parole, or probation, whichever occurred
last, for the conviction that the petitioner seeks to expunge:
(i)
10 years for the conviction of a misdemeanor under Subsection
41-6a-501(2)
;
(ii)
10 years for the conviction of a felony for operating a motor vehicle with any
amount of a controlled substance in an individual's body and causing serious
bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021,

Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(iii)
seven years for the conviction of a felony;
(iv)
five years for the conviction of a drug possession offense that is a felony;
(v)
five years for the conviction of a class A misdemeanor;
(vi)
four years for the conviction of a class B misdemeanor; or
(vii)
three years for the conviction of a class C misdemeanor or infraction.
(2)
A petitioner is not eligible to receive a certificate of eligibility from the bureau to
expunge the records of a conviction under Subsection
(1)
if:
(a)
except as provided in Subsection
(3)
, the conviction for which expungement is
sought is:
(i)
a capital felony;
(ii)
a first degree felony;
(iii)
a felony conviction of a violent felony as defined in Subsection
76-3-203.5(1)(c)(i)
;
(iv)
a felony conviction described in Subsection
41-6a-501(2)
; or
(v)
an offense, or a combination of offenses, that require registration as a sex
offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex,
Kidnap, and Child Abuse Registry, at the time of the application for the certificate
of eligibility;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending against
the petitioner, unless the criminal proceeding is for a traffic offense;
(c)
there is a plea in abeyance for a misdemeanor or felony offense pending against the
petitioner, unless the plea in abeyance is for a traffic offense;
(d)
the petitioner is currently incarcerated, on parole, or on probation, unless the
petitioner is on probation or parole for an infraction, a traffic offense, or a minor
regulatory offense;
(e)
the petitioner intentionally or knowingly provides false or misleading information on
the application for a certificate of eligibility;
(f)
there is a civil protective order, a criminal protective order, or a criminal stalking
injunction against the petitioner that is in effect; or
(f)
there is a criminal protective order or a criminal stalking injunction against the
petitioner that is in effect;
(g)
there is a civil protective order in effect for the petitioner and the civil protective
order was issued after July 1, 2020; or
(g)
(h)
the bureau determines that the petitioner's criminal history makes the petitioner
ineligible for a certificate of eligibility under Subsection
(4)
or
(5)
.
(3)
Subsection
(2)(a)
does not apply to a conviction for a qualifying sexual offense, as
defined in Section
76-3-209
, if, at the time of the offense, a petitioner who committed
the offense was at least 14 years old but under 18 years old, unless the petitioner was
convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5,
Minor Tried as an Adult.
(4)
Subject to Subsections
(6)
, (7), and (8), a petitioner is not eligible to receive a certificate
of eligibility if, at the time the petitioner seeks the 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 other than for drug possession offenses, each of
which is contained in a separate criminal episode;
(b)
any combination of three or more convictions other than for drug possession offenses
that include two class A misdemeanor convictions, each of which is contained in a
separate criminal episode;
(c)
any combination of four or more convictions other than for drug possession offenses
that include three class B misdemeanor convictions, each of which is contained in a
separate criminal episode; or
(d)
five or more convictions other than for drug possession offenses of any degree
whether misdemeanor or felony, each of which is contained in a separate criminal
episode.
(5)
Subject to Subsections
(7)
and
(8)
, a petitioner is not eligible to receive a certificate of
eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
determines that the petitioner's criminal history, including previously expunged
convictions, contains any of the following:
(a)
three or more felony convictions for drug possession offenses, each of which is
contained in a separate criminal episode; or
(b)
any combination of five or more convictions for drug possession offenses, each of
which is contained in a separate criminal episode.
(6)
If the petitioner's criminal history contains convictions for both a drug possession
offense and a non-drug possession offense arising from the same criminal episode, the
bureau shall count that criminal episode as a conviction under Subsection
(4)
if any
non-drug possession offense in that episode:
(a)
is a felony or class A misdemeanor; or
(b)
has the same or a longer waiting period under Subsection
(1)(c)
than any drug
possession offense in that episode.
(7)
Except as provided in Subsection
(8)
, if at least 10 years have passed after the day on
which the petitioner was convicted or released from incarceration, parole, or probation,
whichever occurred last, for all convictions:
(a)
each numerical eligibility limit under Subsections
(4)(a)
and
(b)
shall be increased by
one; and
(b)
each numerical eligibility limit under Subsections
(4)(c)
and
(d)
, (4)(d), and (5)
is
not applicable if the highest level of convicted offense in the criminal episode is:
(i)
a class B misdemeanor;
(ii)
a class C misdemeanor;
(iii)
a drug possession offense if none of the non-drug possession offenses in the
criminal episode are a felony or a class A misdemeanor; or
(iv)
an infraction.
(8)
When determining whether a petitioner is eligible for a certificate of eligibility under
Subsection
(4)
,
(5)
, or
(7)
, the bureau may not consider a petitioner's pending case or
prior conviction for:
(a)
an infraction;
(b)
a traffic offense;
(c)
a minor regulatory offense; or
(d)
a clean slate eligible case that was automatically expunged.
(9)
If the petitioner received a pardon before May 14, 2013, from the Board of Pardons and
Parole, the petitioner is entitled to an expungement order for all pardoned crimes in
accordance with Section
77-27-5.1
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-24-26 5:01 PM