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Utah Arrest Records
An arrest usually occurs when an individual commits a crime or is suspected of committing a crime in Utah. Sometimes, the arrest may come after the crime or only after a grand jury indictment. After an arrest, the law enforcement agency's booking process involves creating a document stating the arrestee and crime information. This document is known as an arrest record.
A Utah Arrest Record provides information on an individual's arrest following a criminal offense in the state. It primarily states the suspect's name, the criminal activity, and some basic details on the arrest. The document also includes the individual's date of birth, physical description, mugshots, fingerprints, and other personal identification information. They are typically contained within Utah criminal court records and disseminated to interested and eligible members of the public.
The Utah Bureau of Criminal Identification (BCI) and Summary Reporting System (SRS) provide information on arrest statistics in the state. According to BCI's dashboard, crime data comes in two sections, which include crimes against persons, society, and property (Group A). The other section contains offenses reported under arrests (Group B), such as disorderly conduct and driving under the effect of alcohol. The general crime report records 75,821 adult arrests and 8,042 juvenile arrests.
Are Arrest Records Public in Utah?
Yes. Arrest Records are public in Utah. The Government Records Access and Management Act (GRAMA) under the Utah State Legislature protects the public's right to view and access arrest records in Utah. This state law ensures that members of the public can view or access arrest records upon submitting a request to the proper authority.
However, certain information is not open to the public, including juvenile records, sealed or expunged records, or records ongoing investigations. Note that the exemptions to arrest record disclosure may vary depending on the agency in charge of the record.
What is Included in Utah Arrest Records?
A typical Utah Arrest Record primarily contains information on the individual's identity, criminal activity, and details of the suspect. This information includes the following:
- The Individual's Physical Description: Such description may include the person's skin color, height, eye, race, and unique features such as tattoos, piercings, and body markings.
- Full Name and Other Personal Information: The complete name and personal details of the individual are important and included in the record. Other information may include the individual's birthplace, home address, and job location.
- Arrest information of the Suspect: The suspect's booking date, time, and number/code. Other details on the arrest include arrest type, location, fingerprints, mugshots, bail amount, or outstanding warrants.
- The Individual's Crime Details: This may include the type of crime involved and the person's crime occurrence rate based on statements.
- The record also contains a description of the interrogation process under any of the law enforcement agencies responsible for the arrest.
- Case disposition
- Attorney of record.
Find Public Arrest Records in Utah
There are various ways and agencies an individual can obtain arrest records in Utah. One can submit an arrest record request in person or through mail at the Bureau of Criminal Identification under the Utah Department of Public Safety.
- In-person: An interested individual may visit the office for a copy of a Utah criminal history. The applicable fee is $15.00 and may be payable in cash, personal check, MasterCard, or money order. However, the individual must provide a valid government-issued picture ID upon request.
- Through Mail: The individual must download and complete the Criminal History Record Application. Follow the instructions on the form and mail the filled application and required fee to the office.
The local sheriff departments across Utah also provide online search databases for individuals to view public arrest records. To search for these records requires no fee but may offer less information on the suspect in question. Sometimes, individuals searching for information on the investigation process of a suspect may not be able to access specific details.
Alternatively, interested persons may obtain arrest records from the courts or the law enforcement agency that performed the arrest. These law enforcement agencies across Utah must be approved criminal records providers.
How to Get Restricted Arrest Records
Individuals interested in getting restricted or non-public arrest records in the State may access such records through a subpoena. A subpoena is a written order that requires an individual to testify at a court trial or provide documents related to a court hearing. Regarding criminal activities, subpoenas are governed by the Utah Rules of Civil Procedure 14.
Per the Rules of Criminal Procedure, any person above 18 and not a party to the matter may serve the subpoena. If the subpoena requires a person to appear before the court, the party issuing a subpoena must include the fees for a day's attendance and the lawful mileage. Otherwise, a person can produce the necessary documents electronically or through mail to the court issuing the subpoena.
How to Lookup Arrest Records Online in Utah
The official websites of various local sheriff departments across the state may provide databases that allow interested persons to search for arrest records online. However, it may be difficult for individuals to obtain arrest records through official search databases in Utah. In such cases, an individual may search for arrest records through third-party resources.
There are several third-party sites online that allow an individual to search for an arrest record. However, the requester must provide relevant information about the suspect, such as the person's full name. Depending on the site, the requester may also make a one-time payment fee or actively subscribe weekly, monthly, or yearly to obtain the record. Note that with third-party resources, the requester may not be able to confirm the accuracy of the information provided.
Counties may have an inmate search tool that allows individuals to search for persons in jail using the person's name. Some county search tools provide advanced searches where requesters can enter other details such as birth date or state identification number.
Alternatively, the Department of Corrections in Utah primarily allows individuals to conduct these searches online. However, this method contains only the details of current inmates open to the public's view through the offender search tool. The requester must provide the offender's name or unique ID to conduct an arrest record search.
How Long Do Arrests Stay on Your Record in Utah
In Utah, an arrest can stay on a person's record for 30 days after the arrest, of which the person must have no pending criminal cases. However, the record will show that a person is arrested regardless of whether they were convicted of the offense. The law supporting this rule is available in Chapter 40, Title 77 of the Utah Expungement Act.
When there are no outstanding charges, and the arrest record is expunged after 30 days, the following situations may apply:
- The case was dismissed with prejudice
- The petitioner was found not guilty at a trial
- After an authorized agency screens the case and the prosecutor declines to press any charges
- The statute of limitations has expired.
Expunge an Arrest Record in Utah
It is possible to delete arrest records in Utah if the individual is not under conviction and obeys the following criteria:
- If the suspect is found not guilty during the trial or the criminal trial's statute of limitations has expired.
- If the law enforcement agency does not file charges, the suspect may file an expungement petition.
However, an individual may still request an expungement if any charge is filed. Under such circumstances, the charges must have been dismissed.
Eligibility Requirements for Utah Arrest Record Expungement
Expungement eligibility depends on the petitioner's criminal history status and not just what is reported to the BCI. The criminal history includes all incidents and previous expungements in the state. According to Utah Code 77-40a-201 through 77-40a-203, a certificate of eligibility from BCI may not be required for an Auto/Clean Slate Expungement. Clean slate expungements are initiated and completed automatically by the courts and BCI. One may not conduct an application process to get a Clean slate eligible expungement in Utah.
Utah Arrest Record Expungement Process
To start the expungement process in Utah, the petitioner must also obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). After BCI provides the petitioner with a certificate, it must be filed within 90 days with the 'Petition to Expunge Records.' However, anyone unable to meet this deadline may request a petition again.
Per the New Utah Rule of Criminal Procedure 42, the Court is responsible for presenting the prosecutor in charge of the case with a copy of the petition. Afterward, the prosecutor will review the petition and respond within 35 days. According to U.C.A. 77-40a-401(2), the petitioner may respond to any inquiry as though the arrest did not occur.
A prosecutor may reject the expungement petition if the petitioner does not meet the probation requirements or is deemed to endanger the public. If there is a rejection from the prosecutor, the court must have a hearing. Once the judge signs the petition order, a notification will be sent to the individual to pick up a certified copy of the order through phone or email. The Court may inform the BCI of the Expungement Order, but the petitioner must get a copy of the records should any issue arise.
The Bureau of Criminal Identification (BCI) may delete all information about the charge at which the office cannot release an expunged arrest record. The data is stored in an expungement, where some law enforcement agencies listed under U.C.A. 77-40a-403(b) can have access. These agencies may include the Division of Occupational and Professional Licensing, the Board of Pardons and Parole, Peace Officer Standards and Training, the State Office of Education, and federal authorities.
How Do I Find Recent Arrests in Utah?
Public members can find recent arrests in Utah via inmate search tools and jail rosters under various law enforcement agencies in the state. The Utah County Sheriff's Office has an inmate search tool that allows individuals to search for recent arrests using the subject’s name or arrest date.
Inquirers who do not have the arrested person's name can request the jail roster, which is a list of persons detained recently in Utah. The roster may provide the arrestee’s name, age, sex, race/ethnicity, location, charges, booking, booking date, and booking time. The office also provides information on all inmates currently tracked under the Utah County Sheriff's Office on the website.
Individuals can also visit the Utah Sherrif's Office during business hours to find arrest records. However, the requester must provide the suspect's name or booking number to complete the search. In cases where the requester may not remember the suspect's name, the individual can request the roster to search for the necessary arrest information. Requesting to view arrest records through the Sheriff's office may be free, but making copies may require payment.
Alternatively, the Utah Department of Corrections provides an online search tool that allows individuals to find recent arrests in the state. This search may be conducted using the offender's full name and number.
Are Utah Arrest Records Free?
It depends. Viewing and inspecting arrest records using official enforcement agency search tools are usually free. However, a nominal fee may be required to make copies of arrest records; additional charges may apply if individuals request certified copies.
Individuals can obtain arrest records for free through a direct search online. The various law enforcement agencies, including local sheriffs and government authorities, provide search tools on each website. Interested persons may be able to retrieve recent arrest information recorded in Utah.