Terms Used In Utah Code 77-40a-302

• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-40a-101
• 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. See Utah Code 77-40a-101
• 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. See Utah Code 77-40a-101
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal protective order: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-40a-101
• Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Minor regulatory offense: includes an offense under Section 76-9-701 or 76-10-105. See Utah Code 77-40a-101
• Petitioner: means an individual applying for expungement under this chapter. 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.
• Plea in abeyance: means the same as that term is defined in Section 77-2a-1. See Utah Code 77-40a-101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Writing: includes :Utah Code 68-3-12.5
  (a)	at least 30 days have passed after the day on which the individual is arrested or charged for the offense;

  (b)

  one of the following occurs: (i)  an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner; (ii)  all charges in the case are dismissed with prejudice; (iii)  if a charge in the case is dismissed without prejudice or without condition: (A)  the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; or (B)  at least 180 days have passed after the day on which the charge is dismissed; (iv)  the petitioner is acquitted at trial on all of the charges in the case; or (v)  the statute of limitations expires on all of the charges in the case; and

  (c)

  (i)  there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction, at least three years have passed after the day on which the petitioner was convicted of the traffic offense; or (ii)  there is a conviction in the case for a traffic offense that is a class B misdemeanor, at least four years have passed after the day on which the petitioner was convicted of the traffic offense.