Felonies, Misdemeanors And Infractions in Utah

According to the Utah legislature, the Criminal Code generally classifies crimes into the following types:

• Felonies.
• Misdemeanor
• Infraction.

These crime types are further divided based on severity and corresponding penalties. For instance, felonies are generally more severe than misdemeanors and may carry harsher penalties. For instance, felony convicts may receive the maximum life imprisonment, while misdemeanors attract up to one year in jail. Infractions are the least severe crime type and may not carry specific penalties.

Note: Title 76 of the Utah Code provides full information on each category of crime and its punishments. Utah crimes are tried based on these categories. Beyond record classifications, Utah law sets statutes of limitations that restrict the period for prosecution in the state.

What is a felony in Utah?

In Utah, felonies are severe crimes that are punishable by more than one year in jail. Most felony convictions carry a minimum sentence and may require offenders to pay specific fines. Felonies in Utah are divided based on severity and penalties into the following:

• Third-Degree Felony: Third-degree felonies are the least serious felonies and carry relatively light penalties. For instance, offenders may spend up to 5 years in jail or pay fines up to $5,000. Examples of third-degree felonies may include theft of properties valued between $1,500 and $5,000.
• Second-Degree Felony: Persons convicted of second-degree felonies may spend between 1 and 15 years in jail. Offenders may also pay fines up to $10,000.
• First-Degree Felony: Generally, first-degree felony convictions are punishable by a minimum of five years in jail with a maximum of life imprisonment. Fines could also be as high as $10,000 and sometimes above.
• Capital Offense: Capital offenses are the most severe felony crimes. These felonies also attract the most severe punishments, which may include the following:
  • Death sentence.
  • Life imprisonment, without the possibility of parole,
  • Minimum of 25 years in jail.

What are some examples of felonies in Utah?

The different classes of felonies have felonious crimes classified under them. Some of these crimes include:

• Capital Felony:
  • Aggravated murder.
• First Degree Felony:
  • Rape,
  • Child kidnapping, and
  • Sexual assault.
• Second-Degree Felony:
  • Assault with a harmful weapon, and
  • Theft of property worth $5000 or more.
• Third-Degree Felony
  • Theft of property between $1000 and $5000.

Can an Individual get a Felony Expunged from a Court Record in Utah?

Offenders can seal most felony conviction records from publicly accessible domains in Utah. However, not all felony records are considered for expungement, and waiting periods are compulsory for eligible records.

Certain felony records are ineligible for expungement. Felony records are ineligible for expungement if one is convicted in separate criminal episodes of:

• Two or more felonies (other than possession of drugs).
• Five or more offenses of any type (other than possession of drugs).
• Three or more felony drug possession crimes.
• Five or more drug possession offenses of any degree.

Furthermore, the court may not consider an expungement request if:

• Such persons provides false or misleading information in their expungement paperwork, or
• The offender has a pending criminal case.

Note that certain offenses cannot be removed from court records without pardon.

The offenses listed below are not considered for expungement unless the felon is pardoned by the Utah Board of Pardons and Parole:

• Felony classified as capital, first-degree, or violent crime,
• Felony offense involving a DUI,
• Felony offense involving vehicular homicide, or
• Any crime for which it is required that one register as a sex offender or child abuse offender.

A pending infraction charge cannot render an individual ineligible in Utah. And if after ten years from the date of being convicted or the completion of all terms of one’s sentence, whichever is later, then the number of convictions in the above list may be increased by one.

What are the Waiting Periods for Expunging a Felony from Court Records in Utah?

To expunge eligible records, the offender is typically required to wait after the specified waiting period. This waiting period runs from the date the person was convicted or released from jail or a court-imposed diversion program.

• Felonies that are subject to the Utah Controlled Substance Act: 10 years,
• Other felonies: 7 years.

Section 77–40–105 of the Utah Code clearly states that an offender may obtain a certificate of eligibility before filing a petition for criminal record expungement. The Utah Bureau of Criminal Investigations provides the certificate to interested persons.

The individual may then file their petition for expungement in the court where their case was heard. To expunge arrest records, interested persons may file a petition with the county district court where the event occurred.

Is Expungement the Same as Sealing Court Records in Utah?

Yes, expungement is the same as sealing court records in Utah. The former completely destroys the record and renders it inaccessible to the public. However, this is not the case for sealed records, as they are still accessible to legally authorized parties.

How Long Does a Felony Stay on an Individual’s Record in Utah?

It all depends on certain scenarios. In Utah, a felony may stay on an individual’s record for life provided that the records are not expunged. However, record holders may file for felony expungement after fulfilling the legal requirements. For example, you are typically required to wait between 7 and 10 years to expunge felony records in Utah.

What is a Misdemeanor in Utah?

In Utah, misdemeanors are considered less severe crimes. They attract up to two years in a county or local jail. Although they are less severe crimes, they may negatively impact your criminal records. are not good for people’s criminal records. For instance, these convictions may prevent offenders from accessing certain rights and privileges in the future.

In Utah, people convicted of misdemeanors may be required to spend up to 364 days in a county or local jail. In addition to a jail term, misdemeanors may attract a fine.

Misdemeanors are classified into three by the state’s criminal law:

• Class C Misdemeanors: The state’s criminal laws regard this misdemeanor class as the least serious. Charged individuals face up to ninety days in jail plus an additional fine of about $750. (Utah Code Ann. §§ 76–3–204, 76–3–301 (2019).)
• Class B Misdemeanors: The law in Utah classifies Class B misdemeanors as less severe than Class A misdemeanors. They attract a prison sentence of up to six months and a fine of as much as $1000. (Utah Code Ann. §§ 76–3–204, 76–3–301 (2019).)
• Class A Misdemeanors: In Utah legislation, these types of misdemeanors are regarded as the most serious misdemeanors. Anyone found guilty may serve up to 364 days in jail and be fined up to $2,500. (Utah Code Ann. §§ 76–3–204, 76–3–301 (2019).)
• Unclassified Misdemeanors: Unclassified misdemeanors are sometimes labeled as infractions in the state. They do not usually attract severe punishments but are very much punishable under the law. Individuals convicted of unclassified misdemeanors may be required to serve all or some of the following:
  • Payment of fine, up to $750,
  • Community service
  • Suspension or forfeiture of licenses and properties by the state and local governments
  • Loss of job or disqualification from a workplace (be it a private or a public organization)

(Utah Code Ann. §§ 76–3–104, 76–3–205, 76–3–301 (2019).)

As stated in section 76–1–302 of the Utah Code, the statute of limitations is two years for most misdemeanors. After the timeframe elapses, prosecutors may be deprived of the right to continue pressing charges.

In Utah, misdemeanor crimes may damage an individual's rights and freedoms for a long time. An individual charged with a misdemeanor may get help from a good lawyer who may defend their case and have them acquitted of all charges.

What Are Some Examples Of Misdemeanors In Utah?

Examples of misdemeanors in Utah include the following:

• Class A Misdemeanor:
  • The theft of services or property worth around $500 to $1,500.
• Class B Misdemeanor
  • Deliberate supply of alcohol to a minor.
• Class C Misdemeanor:
  • Driving on a revoked or suspended driver’s license.

Can an Individual get a Misdemeanor Removed from a Court Record in Utah?

No, not all misdemeanor charges or convictions are eligible for expungement. The state may reduce petitions for expungement if:Yes, but it all depends on certain circumstances, as stated in the state’s criminal laws.

• They have been sentenced for three or more offenses, of which two are Class A misdemeanors (other than possession of drugs).
• They have been sentenced for four or more offenses, of which three were Class A misdemeanors (other than possession of drugs).

Pending infraction charges may not hinder any individual from applying for misdemeanor expungement.

Eligible individuals may have to wait for a designated period before applying for expungement. The waiting period depends on the type and nature of the misdemeanor crime(s). The waiting period for:

• A misdemeanor under the Utah Traffic Code is ten years.
• A Class A misdemeanor is five years.
• Class B misdemeanor is four years, and
• Other misdemeanors: three years.

Can a DUI Be Expunged in Utah?

The state typically allows the expungement of DUI from an individual’s records. In getting DUI records expunged, individuals need to file the right petition with the court that passed the conviction.

If a request to expunge a DUI record is granted, individuals may have all their DUI court records sealed and cleared off all public records.

As earlier stated, persons seeking to expunge records may first obtain a Certificate of Eligibility from the Utah State BCI (Bureau of Criminal Identification).

DUI is a criminal offense in which an individual is caught driving while intoxicated with alcohol. In Utah, the Breath Alcohol Concentration (BAC) while driving is 0.08. Any individual whose BAC reaches or exceeds 0.08 while driving may be charged with DUI if apprehended by a law enforcement officer. The individual, if convicted, may serve the necessary punishment in adherence to the state’s law.

The waiting period for expungement of a DUI is not the same as with other misdemeanor charges. An individual cannot file for expungement until after ten years of completing a jail sentence or probation.

What Constitutes An Infraction In Utah?

Infractions are considered the least serious offenses. As in most states, infractions do not attract a jail sentence in Utah. Any individual found guilty of an infraction may be required to pay a fine of no more than $750.

A court may order the defendant to perform community service in lieu of or in addition to paying a fine.

In Utah, most infractions are traffic violations.

What Are Some Examples Of Infractions In Utah?

There are many examples of infractions, some of which include the following:

• Resisting an arrest without a firearm,
• Obstructing police officers from discharging their duties,
• Violating traffic laws,
• Littering the floor,
• Illegal parking of an automobile,
• Engaging in disorderly conduct such as spray painting, noise-making, and
• Breaking other county or city rules and regulations.

Infractions are sometimes called “unclassified misdemeanors”.

Can Infractions be Expunged from a Utah Criminal Court Record?

Yes, infractions may be expunged from a Utah criminal court record. As with the other two classes of crime, eligibility and waiting period are critical factors.

What is Deferred Adjudication in Utah?

Unlike other US states, Utah used the term “diversion agreement” to describe the process of deferring sentencing for criminal offenses. Utah’s diversion agreement comes into play when a defendant enters an agreement with a prosecuting attorney to replace criminal convictions with an alternative program. The program may include acts of public service or attending a court-recommended program. In some cases, defendants may be required to pay certain fees to victims of the criminal incident.

The court may erase all criminal information concerning the case if the defendant completes the program. However, the court might resume the conviction if the defendant fails to adhere to the condition.

Note that not all defendants are eligible for diversion agreements in Utah. Per Section 77-2-9 of Utah Code, a defendant is not eligible for a diversion agreement if he or she is on trial for:

• A capital felony
• A first-degree felony.
• Sexual crimes against a victim who is under 14 years old.
• Manslaughter pursuant to Section 76-5-205
• Negligent homicide in accordance with Section 76-5-206
• Domestic violence is defined in Section 77-36-1
• Driving while under the influence of alcohol or drugs.

Types of Crimes Eligible for Deferred Adjudication in Utah

Utah statutes generally exempt violent and sex-related felony offenses from diversion agreements. For example, persons convicted of a first-degree felony are not eligible for the program. That being said, most misdemeanor offenses are eligible for a diversion program, provided the offense did not lead to loss of life or severe injuries.