(1)  As used in this section, “misdemeanant” means a person convicted of a misdemeanor for an offense under this title.

Terms Used In Utah Code 20A-2-101.3

  • Conviction: A judgement of guilt against a criminal defendant.
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2)  A misdemeanant’s right to register to vote and to vote in an election is restored when the misdemeanant:

(a)  is sentenced to probation; or

(b)  has successfully completed the term of incarceration to which the misdemeanant was sentenced.

(3)  A misdemeanant’s right to hold elective office is restored when:

(a)  the misdemeanor for an offense under this title is expunged as provided in Title 77, Chapter 40a, Expungement; or

(b) 

(i)  five years have passed since the date of the misdemeanant’s most recent misdemeanor conviction of an offense under this title;

(ii)  the misdemeanant has paid all court-ordered restitution and fines; and

(iii)  for each misdemeanor conviction that has not been expunged, the misdemeanant has:

(A)  completed probation in relation to the misdemeanor; or

(B)  successfully completed the term of incarceration associated with the misdemeanor.

Enacted by Chapter 395, 2011 General Session