Utah Criminal Records
Utah Criminal Records refer to documents that contain information on a person's criminal history within the state. Various law enforcement agencies in the state maintain these records and allow public access under certain circumstances.
Criminal records in Utah contain various information about a person's criminal history. It includes details such as the person's name, date of birth, physical description, and any aliases they may have used. The records also contain information on the charges the person has faced, the outcome of any court proceedings, and any sentences or fines imposed.
The Utah Open and Public Meetings Act (OPMA) and Government Records Access and Management Act (GRAMA) are the laws that make criminal records in the state publicly accessible. According to the OPMA and GRAMA, any public member can access government records unless laws specifically exempt them.
State criminal records are essential due to their usefulness in various contexts. For example, employers often request criminal background checks before hiring someone, and landlords may ask them before renting a property.
Law enforcement agencies also use these records when investigating crimes, and courts refer to them when making decisions about sentencing or parole.
Furthermore, criminal records in Utah can provide important information to individuals seeking to protect themselves or their families. By checking a person's criminal history, they can make more informed decisions about who to trust or allow into their lives.
What Are the Types of Crimes in Utah?
The crimes included in Utah Criminal Records typically vary by jurisdiction and country. However, the following offenses are generally found in these records:
Felonies
Similar to many other states, a felony in Utah can result in imprisonment or even capital punishment. In Utah, lawmakers classify felony records into four categories: capital felonies, first-degree felonies, second-degree felonies, and third-degree felonies.
Capital Felonies
A capital felony is the most severe type of felony in Utah, encompassing crimes such as murder that can result in severe punishment. Convictions of this type of felony can lead to sentences of 25 years to life in prison, life imprisonment without the possibility of parole, or death.
First-degree Felonies
Perpetrators of this crime may be subject to a $10,000 fine and a prison sentence of up to five years or life. First-degree felonies in Utah include offenses such as child kidnapping, rape, and aggravated arson.
Second-degree Felonies
Individuals who commit second-degree felonies in Utah may face a prison sentence of up to 1 to 15 years and a fine of $10,000. Examples of second-degree felonies in the state include mayhem, aggravated assault, and burglary of a dwelling.
Third-degree Felonies
In Utah, a third-degree felony is the least severe type of felony that carries a penalty of up to five years of an indeterminate prison term and a fine of $5,000. Offenses such as theft of a catalytic converter, promoting or exploiting prostitution, and shooting at a vehicle are some examples of this crime category.
When a statute defines a crime as a felony but fails to categorize it, the offense is punishable as a third-degree felony in Utah.
Misdemeanors
Like felonies, misdemeanors in Utah adopt a numerical system to classify the severity of the alleged offense. In Utah, a misdemeanor record can result in up to one year of imprisonment in a local or county jail and is categorized as follows:
Class A Misdemeanors
Class A misdemeanors are the most severe type of misdemeanor in Utah, and those convicted may face a maximum fine of $2,500 and 344 days of jail time. Class A misdemeanors in the state include sexual battery, violation of a protective order, stalking, and criminal mischief.
Class B Misdemeanors
An adult who commits Class B misdemeanors, such as criminal trespass, petty theft, assault, and cyber harassment, may face a $1,000 fine and a maximum jail sentence of six months if convicted.
Class C Misdemeanors
Class C misdemeanors in Utah have a maximum $750 fine and up to 90 days in jail for those found guilty. It includes offenses like driving with a suspended license, failure to disperse, and giving false information to the police.
Unclassified Misdemeanors or Infractions
When a statute designates an offense as a misdemeanor in Utah but does not specify a punishment or classify it, the crime is punishable as an unclassified misdemeanor or infraction.
Punishments for these offenses typically include a fine of up to $750 and compensatory service, which involves performing unpaid work for a nonprofit organization, government agency, or court-approved entity.
How Does Probation Work in Utah?
Probation in Utah is a form of criminal sentencing that allows an offender to remain in the community while supervised by a probation officer. The Utah Department of Corrections (UDOC) oversees probation in the state.
Within the UDOC, the Division of Adult Probation and Parole (APP) is specifically responsible for supervising adults placed on probation.
In Utah, there are two types of probation: informal and formal.
Informal probation is also known as unsupervised probation. This type of probation does not require the probationer to report to a probation officer. Instead, the probationer must comply with the terms and conditions of their probation under the supervision of the court.
Typically, authorities grant informal probation for minor offenses and may require the probationer to pay fines or perform community service.
On the other hand, formal probation, also known as supervised probation, requires the probationer to report to a probation officer regularly. The probation officer oversees the probationer's compliance with the conditions of probation and monitors their behavior to ensure they do not violate the terms of their probation.
Authorities typically grant formal probation for more serious offenses, such as felony convictions.
The duration of probation in Utah varies depending on the severity of the offense. For felonies, probation can last up to 36 months. For misdemeanors, probation can last from 6 to 24 months. However, the court may extend the probationary period if the probationer violates the terms of their probation.
Standard Conditions of Probation in Utah
The standard conditions of probation in Utah include reporting to a probation officer, not committing any additional crimes, submitting to drug and alcohol testing, attending counseling or treatment programs, and maintaining employment. The nature of the offense and the probationer's needs may determine the addition of other conditions to their sentence.
If a probationer completes the term of their probation without violating any of the conditions, they are considered to have completed their probation. The court may then discharge the probationer and close the case.
However, suppose a probationer violates their probation terms. In that case, the probation officer may file a report with the court, which may lead to the revocation of the probationer's probation and the reinstatement of their original sentence.
How Does Parole Work in Utah?
The granting of parole is a form of early departure from incarceration for eligible inmates. It lets them finish their sentence in the community under supervision. The Board of Pardons and Parole (BPP) oversees the state's parole system in Utah.
To be eligible for parole, an individual must first serve a minimum amount of time in prison as determined by the sentencing judge. Utah's parole eligibility requirements are outlined in section 77-27-5 of the Utah Code.
The process of obtaining parole in Utah begins with the inmate's application for parole. A hearing officer typically reviews this application and will then recommend whether or not to grant parole. If the hearing officer recommends parole, the BPP reviews the case.
The board is responsible for determining whether an inmate is eligible for parole and setting the conditions of their release. These conditions may include mandatory counseling, drug testing, or regular check-ins with a parole officer.
The authorities in Utah typically require inmates granted parole to serve a period of parole. The parole period varies depending on the offense committed and the individual's behavior while on parole. Generally, individuals released on parole must complete a term that extends through the expiration of their maximum sentence unless the BPP early terminates the parole.
During this time, they must comply with the conditions of their release or risk being returned to prison. The BPP also has the authority to revoke an inmate's parole if they violate the conditions of their release. This revocation may result in the inmate being sent back to prison for the remaining sentence period.
How Does Expungement Work in Utah?
Expungement is a legal procedure that allows individuals to have their Utah Criminal records cleared or sealed from public view. Expunging a record means removing it from official government records, including law enforcement and court databases, and making it no longer publicly accessible.
Individuals arrested or convicted of a crime but have afterward fulfilled all the legal requirements and demonstrated rehabilitation can opt for this legal process. The process may vary depending on the circumstances, including the severity of the offense and the time that has elapsed since the arrest or conviction.
Eligibility Requirements for Expungement in Utah
Expungement in Utah has specific eligibility requirements and is not an automatic process. If someone was not convicted of a crime, had no charges filed, was acquitted, or had their case dismissed, they can have their arrest record expunged. However, they must have passed at least 30 days since their arrest and not face any other criminal charges.
On the other hand, an individual with a criminal conviction can have their records expunged after a certain number of years. The waiting period for expungement depends on the severity of the crime.
Misdemeanors under the Utah Traffic Code and felonies under the Utah Controlled Substance Act have a ten-year waiting period. Other felonies have a waiting period of seven years, while Class A misdemeanors require five years. Class B misdemeanors have a waiting period of four years, and other misdemeanors or infractions have a waiting period of three years.
Notably, in Utah, certain criminal records are not eligible for expungement. If an individual has a felony DUI or vehicular homicide record, or their conviction requires registering as a sex offender, their record is impossible for this legal proceeding.
Repeat offenses, particularly for harmful crimes like violent crimes, first-degree or capital felonies, etc., can also be grounds for denying expungement petitions.
However, if an individual's criminal record is not eligible, the best alternative is to petition for a pardon in Utah.
Utah Expungement Process
It is essential to understand that expungement is not automatic and requires an application process. To expunge a criminal record in Utah, the individual seeking expungement must follow several steps.
The first step is to request a Certificate of Eligibility (COE) from the Utah Bureau of Criminal Identification (BCI). The COE will determine if the individual meets the eligibility requirements for expungement.
After receiving the COE, the individual must file an expungement petition with the appropriate court. This petition will include details about the individual's case, including the charges and the conviction or arrest information. The court will review the petition and determine whether or not to grant an expungement.
The individual must also serve the petition and the eligibility certificate to the prosecutor, who has the opportunity to object to the expungement request. If the prosecutor objects, the court may hold a hearing to further evaluate the case.
If the individual is eligible for expungement and no one objects, the court will grant expungement and issue a certificate.
How To Obtain a Criminal Record in Utah
The first step in obtaining a criminal record in Utah is identifying the appropriate agency. In Utah, the BCI of the Utah Department of Public Safety is the primary custodian of criminal history information. The Bureau maintains the state's central repository of criminal history information and disseminates records to interested parties.
The second step is to determine the type of Utah Criminal Records needed. The BCI may offer three types of criminal records: a Utah conviction record, a Utah arrest record, and a national criminal history record (with assistance from the Federal Bureau of Investigation or FBI).
A Utah conviction record will show all convictions in Utah, while a Utah arrest record will show all arrests and the disposition of those arrests. A national criminal history record will show all criminal history information, including arrests and convictions, from across the U.S.
After identifying the appropriate agency and record type, the requester must complete a correct criminal record request form. One can obtain the proper form from the BCI website or at their office. Generally, the requester must provide their name, address, other identifying information, and the reason for the request.
Then, submit the completed form and the required fee in person or through mail. A valid government-issued photo ID must accompany the request for in-person requests. It's important to note that Driving Privilege Cards in Utah aren't acceptable IDs.
For mail-in requests, the seeking party must typically follow the instructions provided in the particular form to obtain a Utah Criminal Record.
After submitting the request and paying the fee, the BCI will process the request and provide the requested record. The time required to receive the record can vary depending on the volume of requests and the type of record requested.
What Are the Criminal Background Check Laws in Utah?
Utah is among the many states that require employers to follow specific pre-employment background check laws and regulations. To avoid penalties and maintain compliance, employers must be aware of federal, state, and local rules and regulations regarding pre-employment background checks that apply to Utah.
Below are the primary criminal background check laws in Utah:
Fair Credit Reporting Act (FCRA)
In Utah, the FCRA is a federal law that governs how employers can access and use personal information on job candidates during the hiring process. Under this law, employers must notify the candidate and obtain their authorization before conducting a background investigation on them.
Criminal Investigations and Technical Services Act
Section 53-10-101 to 53-10-606 of the Utah Code specifies that only specific types of qualified employers can request state criminal history information for applicants. Most private companies may only request FBI background checks for criminal histories.
Employers can require workers to seek their criminal records checks or sign waivers permitting the state to transfer this information directly to the employer or a third party.
Ban-the-Box Law
In 2017, the governor of Utah signed a ban-the-box law for public-sector employers. This regulation prohibits government employers from questioning candidates about their Utah Criminal Records before the interview. If candidates are not interviewed, employers cannot ask about their criminal histories until they make conditional offers of employment.
Utah employers must note that these regulations may change and be updated frequently, and there is an interplay between federal, state, and local background check restrictions and requirements.
Therefore, partnering with an experienced background check provider can help Utah employers stay informed and compliant with all the latest legal requirements.
Counties in Utah
- Beaver
- Box Elder
- Cache
- Carbon
- Daggett
- Davis
- Duchesne
- Emery
- Garfield
- Grand
- Iron
- Juab
- Kane
- Millard
- Morgan
- Piute
- Rich
- Salt Lake
- San Juan
- Sanpete
- Sevier
- Summit
- Tooele
- Uintah
- Utah
- Wasatch
- Washington
- Wayne
- Weber