77-40a-202.  Automatic deletion for traffic offense.

(1)  Subject to Section 77-40a-203, records for the following traffic offenses shall be deleted without a court order or notice to the prosecuting agency:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 77-40a-202

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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. See Utah Code 77-40a-101
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Traffic offense: means , except as provided in Subsection (15)(b):
    (i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;
    (ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under 2;
    (iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and
    (iv) all local ordinances that are substantially similar to an offense listed in Subsections (15)(a)(i) through (iii). See Utah Code 77-40a-101
  • Traffic offense case: means that each offense in the case is a traffic offense. See Utah Code 77-40a-101
  • (a)  a traffic offense case that resulted in an acquittal on all charges;

    (b)  a traffic offense case that is dismissed with prejudice, except for a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b); or

    (c)  a traffic offense case for which the following time periods have elapsed from the day on which the case is adjudicated:

    (i)  at least five years for a class C misdemeanor or an infraction; or

    (ii)  at least six years for a class B misdemeanor.

(2)  The Judicial Council shall make rules to provide an ongoing process for identifying and deleting records on all traffic offenses described in Subsection (1).

Renumbered and Amended by Chapter 250, 2022 General Session