Utah Class B Misdemeanors

In Utah, criminal offenses are categorised into felonies, misdemeanors, and infractions. Within misdemeanors, Utah law employs the classifications of Class A, Class B, and Class C misdemeanors. A Class B misdemeanor under Utah law is a mid-level misdemeanor, more serious than a Class C misdemeanor but less severe than a Class A misdemeanor. Understanding these classifications is vital because the legal consequences vary, and they can affect collateral aspects such as a criminal record, employment, housing, and professional licensing.

Common Examples of Class B Misdemeanors in Utah

Class B misdemeanors in Utah cover a wide range of lower-level criminal offenses. The examples below are typical classifications under Utah law. However, charges can vary depending on the circumstances and the specific jurisdiction. Typical Class B misdemeanor offenses in Utah are:

• Simple assault (Utah Code § 76-5-102)
• Criminal mischief (property damage) (Utah Code § 76-6-106)
• Theft where the value of the property stolen is less than $500 (Utah Code § 76-6-404 (3)(d))
• Minor domestic violence in the presence of a child (Utah Code § 76-5-114)
• Driving under the influence (first offense) (Utah Code § 41-6a-502)
• Disorderly conduct (not first-time offense) (Utah Code § 76-9-102)
• Reckless driving (Utah Code § 41-6a-528)
• Criminal trespass (Utah Code § 76-6-206)
• Possession of drugs (Utah Code § 58-37-8)

Statute of Limitations for Class B Misdemeanors in Utah

A statute of limitations in Utah is the time allowed to file a court case. The time for Class B misdemeanors is 2 years (Utah Code § 76-1-302). When this time elapses, the defendant cannot be prosecuted for the Class B misdemeanor offense. The statute of limitations for a Class B misdemeanor can be tolled if the defendant leaves the state after the offense or if a conviction based on a plea agreement is later overturned (Utah Code §76-1-304). In the latter case, the clock is paused from the time the plea was entered until the invalidation becomes final.

Legal Penalties for Class B Misdemeanors

The legal penalties for Class B misdemeanors in Utah include a maximum jail term of six months (Utah Code § 76-3-204) and a fine of up to $1,000 (Utah Code §76-3-301). The judge may allow the defendant to perform compensatory service instead of paying the fine. Each hour of compensatory service is worth $10.00 (Utah Code § 76-3-301.7)

Court Process for Class B Misdemeanors

Below is a general walk-through of how a case for a Class B misdemeanor typically proceeds in Justice Courts, as described by the Utah State Courts:

• Arrest/Citation: The court process for Class B misdemeanors typically begins when a person is either arrested or issued a citation/ticket for a Class B misdemeanor offense. The arresting officer may hold the person in custody or cite and release them, depending on the severity of the offense, the person's criminal history, and bail options, among other factors.
• Arraignment: The arrested person will be taken to an arraignment, where the judge will inform them of the charges against them, explain their rights, and ask them to enter a plea. If the arrestee pleads guilty or no contest, the court will set a sentencing date. However, if they plead not guilty, the court schedules further proceedings such as a pre-trial conference, motion hearings, or a trial.
• Pre-trial phase: If the defendant pleads not guilty or the case has been set to move to trial, the defendant’s lawyer and the prosecutor may file motions. The motion must be filed in writing at least 7 days before trial. The defense lawyer, prosecutor, and judge may hold a pre-trial conference to discuss the case. The defense attorney and the prosecutor can also engage in plea bargaining to negotiate a sentencing agreement. The defendant may be asked to agree to plead guilty in return for a lesser charge or reduced sentence.
• Trial: Refusing to plead guilty may result in a bench or jury trial. The prosecutor has the duty to prove the defendant’s guilt beyond a reasonable doubt. The trial process entails presenting evidence, witness testimony, cross-examination, rebuttal witnesses, jury deliberation (if a jury trial is held), and a verdict.
• Sentencing: If the defendant is found guilty at trial, they can choose to be sentenced between 2 and 45 days after their conviction or sooner. They may also choose to be sentenced on the day they were convicted or pleaded guilty, or they may be sentenced after 45 days if they need more time to prepare. For Class B misdemeanors, the punishment is a maximum of six months in jail or a fine of up to $1,000, or both.

How Class B Misdemeanors Affect Your Criminal Record

Utah criminal justice agencies will include a person’s Class B misdemeanor convictions in their criminal history records. These convictions will appear during background checks. The appearances of such convictions on criminal history records do not automatically prevent employment or other opportunities. However, it could influence hiring, housing, or professional licensing decisions. The impact of Class B misdemeanor convictions often depends on the nature of the offense, the statute of limitations, and whether there are subsequent offenses. Utah law permits residents to expunge their Class B misdemeanor convictions if they are eligible, so their records do not appear during background checks.

Differences Between Class B Misdemeanors and Other Offenses

The Utah Code § 76-3-104 classifies misdemeanors into Class A, Class B, and Class C. A Class B misdemeanor falls in the middle of this classification system, with a maximum penalty of six months in jail and a fine of up to $1,000. This offense is more serious than a Class C misdemeanor, which has a maximum penalty of 90 days in jail and a fine of up to $750. It is, however, less severe than a Class A misdemeanor, which can result in up to 364 days in jail and a fine of up to $2,500.

In contrast, felonies are categorized by degree (first, second, and third), and their penalties are significantly greater than those of misdemeanors. First-degree felonies carry a prison term of five years to life, while second-degree felonies result in a prison term of one to 15 years (Utah Code § 76-3-203). Both first- and second-degree felonies are also punishable by a maximum fine of $10,000. Third-degree felonies result in a maximum imprisonment of 5 years or a fine of $5,000.

How to Check for Class B Misdemeanors in Court Records

Case parties can view their Class B misdemeanor case history or access filed papers online without charges through the MyCourtCase portal. Users must create a new MyCase account and log in to the portal using their email addresses and passwords. Members of the public can access Class B misdemeanors by visiting the Justice Court where the case was handled. In-person applications should be made during business hours. The clerk will need a name or case number to process the request.

Can a Class B Misdemeanor Be Expunged or Sealed in Utah?

According to U.C.A. 77-40a-101(16), expungement refers to sealing, restricting, or denying access to a person’s Class B misdemeanor conviction held by a law enforcement agency. Individuals can commence their expungement process by completing the Application for Certificate of Eligibility Form. They should send the completed form alongside an application fee of $65, fingerprints, and a valid photo ID by email (bciexpungements@utah.gov) or mail to the Utah Bureau of Criminal Identification (BCI) at the address below:

Utah Bureau of Criminal Identification
4315 South 2700 West,
Suite 1300
Taylorsville, UT 84129

After receiving the application, the BCI will send a letter of eligibility for expungement to the petitioner, instructing them to file a petition with the court for an expungement order. The petition must be made within 180 days of receiving the letter. File a Cover Letter, Petition to Expunge Records, and Order on Petition to Expunge Records with the appropriate Court. Also, serve copies of these forms by mail or email to the prosecutor. The petitioner should address any potential objections and attend court hearings as needed. If the court agrees to the expungement, it will send BCI an electronic order to expunge the petitioner’s records.