Terms Used In Utah Code > Title 41 > Chapter 1a > Part 12 - Fee and Tax Requirements

• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney general: means the Utah attorney general or a deputy attorney general. See Utah Code 77-42-102
• 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
• Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-42-102
• Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in section 53-10-201. See Utah Code 77-41-102
• Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
• carries on a vocation: includes employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit. See Utah Code 77-41-102
• 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
• Certificate of eligibility: means a document issued by the Bureau of Criminal Identification showing that the offender has met the requirements of Section 77-41-112. See Utah Code 77-41-102
• Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clean slate eligible case: includes a case:

  (i)

  that is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) if: (A)  except as provided in Subsection (4)(c), each charge within the case is a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction; (B)  the individual involved meets the requirements of Subsection (4)(a)(ii); and (C)  the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed; or

  (ii)

  where charges are dismissed without prejudice if each conviction, or charge that was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or (b)(i). See Utah Code 77-40a-101 Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates: (a)  as a carrier for hire, compensation, or profit; or (b)  as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102 Commission: means the State Tax Commission. See Utah Code 41-1a-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumer price index: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Contract: A legal written agreement that becomes binding when signed. Convicted: includes , unless otherwise specified, the period a plea is held in abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1. See Utah Code 77-41-102 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. County legislative body: means :Utah Code 68-3-12.5 Criminal protective order: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-40a-101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102 Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101 Department: means the Department of Corrections. See Utah Code 77-41-102 Department: means the Department of Corrections. See Utah Code 77-38b-102 Dependent: A person dependent for support upon another. Diesel fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102 Division: means the Division of Juvenile Justice Services. See Utah Code 77-41-102 Docket: A log containing brief entries of court proceedings. Drug possession offense: means an offense under: (a)  Subsection 58-37-8(2), except: (i)  any offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more of marijuana; (ii)  any offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional facility; or (iii)  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)  Subsection 58-37a-5(1), use or possession of drug paraphernalia; (c)  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 (9). See Utah Code 77-40a-101 Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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 Farm truck: means a truck used by the owner or operator of a farm solely for the owner's or operator's own use in the transportation of: (i)  farm products, including livestock and its products, poultry and its products, floricultural and horticultural products; (ii)  farm supplies, including tile, fence, and any other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production; and (iii)  livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of a farm. See Utah Code 41-1a-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102 Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: includes :Utah Code 68-3-12.5 Hybrid electric motor vehicle: means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both: (a)  an internal combustion engine or heat engine using consumable fuel; and (b)  a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle. See Utah Code 41-1a-102 Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102 Indian Country: means : (a)  all land within the limits of any Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation; (b)  all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether or not within the limits of a state; and (c)  all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments. See Utah Code 77-41-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 77-40a-101 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Jurisdiction: means any state, Indian Country, United States Territory, or any property under the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand. See Utah Code 77-41-102 Kidnap offender: means any individual, other than a natural parent of the victim: (a)  who has been convicted in this state of a violation of: (i)  Subsection 76-5-301(2)(c) or (d), kidnapping; (ii)  Section 76-5-301. See Utah Code 77-41-102 Land: includes :Utah Code 68-3-12.5 Minor regulatory offense: includes an offense under Section 76-9-701 or 76-10-105. See Utah Code 77-40a-101 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Motor fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102 Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102 Motorcycle: means : (a)  a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or (b)  an autocycle. See Utah Code 41-1a-102 Natural gas: means a fuel of which the primary constituent is methane. See Utah Code 41-1a-102 Natural parent: means a minor's biological or adoptive parent, and includes the minor's noncustodial parent. See Utah Code 77-41-102 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102 Offender: means a kidnap offender as defined in Subsection (10) or a sex offender as defined in Subsection (18). See Utah Code 77-41-102 Offender: means an individual required to register as provided in Section 77-42-105. See Utah Code 77-42-102 Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102 Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102 Park model recreational vehicle: means a unit that: (a)  is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (b)  is not permanently affixed to real property for use as a permanent dwelling; (c)  requires a special highway movement permit for transit; and (d)  is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102 Person: means :Utah Code 68-3-12.5 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 Plug-in hybrid electric motor vehicle: means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion. See Utah Code 41-1a-102 Primary residence: means the location where the offender regularly resides, even if the offender intends to move to another location or return to another location at any future date. See Utah Code 77-41-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Register: means to comply with the requirements of this chapter and administrative rules of the department made under this chapter. See Utah Code 77-41-102 Register: means to comply with the requirements of this chapter and rules of the Office of the Attorney General made under this chapter. See Utah Code 77-42-102 Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102 Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102 v2 Registration website: means the Sex and Kidnap Offender Notification and Registration website described in Section 77-41-110 and the information on the website. See Utah Code 77-41-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Restitution: means the payment of pecuniary damages to a victim. See Utah Code 77-38b-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102 Sex offender: means any individual: (a)  convicted in this state of: (i)  a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor; (ii)  Section 76-5b-202, sexual exploitation of a vulnerable adult; (iii)  Section 76-5-308. See Utah Code 77-41-102 Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418. See Utah Code 41-1a-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102 v2 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102 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 Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Vehicle: means any motor vehicle, aircraft, or watercraft subject to registration in any jurisdiction. See Utah Code 77-41-102 Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102 Victim: includes : (i)  the Utah Office for Victims of Crime if the Utah Office for Victims of Crime makes a payment to, or on behalf of, a victim under Section 63M-7-519; (ii)  the estate of a deceased victim; and (iii)  a parent, spouse, intimate partner as defined in 18 U. See Utah Code 77-38b-102 Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102 Writing: includes :Utah Code 68-3-12.5