Misdemeanor Levels in Utah
A misdemeanor is a crime that carries a sentence of less than 365 days in a county jail. If the crime necessitates more time in prison, it will be classified as a felony rather than a misdemeanor. Misdemeanors range from minor offenses to felonies reduced to misdemeanors by juries, judges, or plea bargains.
Misdemeanors in Utah are classified into three types: Class A misdemeanors, Class B misdemeanors, and Class C misdemeanors. A misdemeanor is defined by the maximum penalty allowed by law if convicted of the associated crime.
Misdemeanor (Class A)
A Class A misdemeanor is punishable by up to one year in county jail and a fine of up to $2,500. Furthermore, the defendant may be ordered by the court to pay restitution to the victim.
Misdemeanor (Class B)
A Class B misdemeanor is punishable by no more than six months in county jail and a $1,000 fine. Furthermore, the defendant may be ordered by the court to pay restitution to the victim.
Misdemeanor (Class C)
A Class C misdemeanor is punishable by no more than ninety days in county jail and a fine of up to $750. Furthermore, the defendant may be ordered by the court to pay restitution to the victim.
Getting a Criminal Record Expunged in Utah
An expungement of a criminal record occurs when a judge seals a person’s criminal record. As a result, the record is no longer public. An expungement will not be granted by a judge until the case has been resolved. Record expungement often makes it easier to find work because future employers can no longer search the expungee’s past criminal record and the expungee does not have to disclose to future employers that he or she was convicted of a crime. In essence, an expungement clears a person’s record, allowing him or her to start over without the burden of a previous record.
After a certain amount of time has passed since the sentencing date, a person may apply to have his record expunged. The time required in accordance with the crime committed is listed below. The sentencing date is the day the defendant was sentenced for his or her crime; it is not the date the defendant was arrested, charged, or convicted. An expungement is more likely to be granted if the person requesting it has completed the required sentence, probation period, has no more than one felony or two class A or B misdemeanor convictions, and has paid all associated fines. The completion of these items is strictly enforced by the courts.
Many jurisdictions will allow a defendant to file for probation modification if his or her probation period has not been completed but the sentence has been completed and all fines have been paid. A probation modification allows a judge to determine whether the defendant has demonstrated exceptional performance while on probation and thus merits a reduction to a shorter probation period.
Any records associated with a criminal file are usually expunged by the court. This would include police reports, investigation reports, and other documents related to the conviction. All records of the detention or correctional facility, as well as court documents related to the case, can also be expunged.
Eligibility for Expungement in Utah by Crime
- Never – Capital felony; Felony 1; Forcible felony 2; any sexual offense against a minor
- 7 years – 2nd and 3rd degree felonies
- 10 years – Alcohol related traffic offenses (Title 41)
- 5 years – Class A misdemeanors
- 15 years – Multiple Class A misdemeanors
- 12 years – Multiple Class B misdemeanors
- 6 years – Multiple Class C misdemeanors
- 3 years – All other misdemeanors and infractions under Title 76, Utah Criminal Code
- 30 days – Arrests without filing of charges
- 30 days – Proceedings Commenced & Dismissed 30 days
- 30 days – Acquittals
Utah Crimes that Cannot be Expunged
In Utah, the following crimes cannot be expunged: any conviction involving a minor, any felony sexual offense against a minor, any capital felony, and convictions for Felony 1 or Felony 2.