SB 303

03-03 11:20  1st Sub. (Green) S.B. 303
                        Stephanie Pitcher proposes the following substitute bill:
1Expungement Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                    Chief Sponsor: Stephanie Pitcher
                                       House Sponsor: Jake Sawyer
2
3   LONG TITLE
4   General Description:
5This bill addresses expungement of criminal records.
6   Highlighted Provisions:
7This bill:
8▸ modifies a term related to the expungement of criminal records;
9▸ addresses eligibility for expungement when there is a criminal protective order, a criminal
10   stalking injunction, or a civil protective order; and
11▸ addresses the numerical limits that make a petitioner ineligible to receive a certificate of
12   eligibility for an expungement.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
                                                                                                       1st Sub. S.B. 303
1977-40a-101, as last amended by Laws of Utah 2025, Chapters 173, 239
2077-40a-303, as last amended by Laws of Utah 2025, Chapters 239, 277 and 291
21
22   Be it enacted by the Legislature of the state of Utah:
23Section 1. Section 77-40a-101 is amended to read:
2477-40a-101 . Definitions.
25      As used in this chapter:
26   (1) "Agency" means a state, county, or local government entity that generates or maintains
27records relating to an investigation, arrest, detention, or conviction for an offense for
28which expungement may be ordered.
29   (2) "Automatic expungement" means the expungement of records of an investigation,
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30arrest, detention, or conviction of an offense without the filing of a petition.
31   (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
32Safety established in Section 53-10-201.
33   (4) "Certificate of eligibility" means a document issued by the bureau stating that the
34criminal record and all records of arrest, investigation, and detention associated with a
35case that is the subject of a petition for expungement is eligible for expungement.
36   (5) "Civil accounts receivable" means the same as that term is defined in Section
3777-32b-102.
38   (6) "Civil judgment of restitution" means the same as that term is defined in Section
3977-32b-102.
40   (7) "Civil protective order" means the same as that term is defined in Section 78B-7-102.
41   (8) "Clean slate eligible case" means a case that is eligible for automatic expungement
42under Section 77-40a-205.
43   (9) "Conviction" means judgment by a criminal court on a verdict or finding of guilty after
44trial, a plea of guilty, or a plea of nolo contendere.
45   (10) "Court" means a district court or a justice court.
46   (11) "Criminal accounts receivable" means the same as that term is defined in Section
4777-32b-102.
48   (12) "Criminal protective order" means the same as that term is defined in Section
4978B-7-102.
50   (13) "Criminal stalking injunction" means the same as that term is defined in Section
5178B-7-102.
52   (14) "Department" means the Department of Public Safety established in Section 53-1-103.
53   (15) "Drug possession offense" means:
54(a) an offense described in Subsection 58-37-8(2), except for:
55(i) an offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more
56of marijuana;
57(ii) an offense enhanced under Subsection 58-37-8(2)(e), violation in a correctional
58facility; or
59(iii) an offense for driving with a controlled substance illegally in the person's body
60and negligently causing serious bodily injury or death of another, as codified
61before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
6258-37-8(2)(g);
63(b) an offense described in Subsection 58-37a-5(1), use or possession of drug
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64paraphernalia;
65(c) an offense described in Section 58-37b-6, possession or use of an imitation
66controlled substance; or
67(d) any local ordinance which is substantially similar to any of the offenses described in
68this Subsection (15).
69   (16)(a) "Expunge" means to remove a record from public inspection by:
70(i) sealing the record; or
71(ii) restricting or denying access to the record.
72(b) "Expunge" does not include the destruction of a record.
73   (17) "Indigent" means a financial status that results from a court finding that a petitioner is
74financially unable to pay the fee to file a petition for expungement under Section
7578A-2-302.
76   (18) "Jurisdiction" means a state, district, province, political subdivision, territory, or
77possession of the United States or any foreign country.
78   (19)(a) "Minor regulatory offense" means a class B or C misdemeanor offense or a local
79ordinance.
80(b) "Minor regulatory offense" includes an offense [under Section 76-9-110 or 76-9-1106.]
81for:
82(i) unsanctioned camping on state property as described in Section 76-2-208;
83(ii) public intoxication as described in Section 76-9-110;
84(iii) buying or possessing a tobacco product or an electronic cigarette product as a
85minor as described in Section 76-9-1106; or
86(iv) allowing a vicious animal to go at large as described in Section 76-13-212.
87(c) "Minor regulatory offense" does not include:
88(i) any drug possession offense;
89(ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
90Reckless Driving;
91(iii) an offense under Sections 73-18-13 through 73-18-13.6;
92(iv) except as provided in Subsection (19)(b), an offense under Title 76, Utah
93Criminal Code; or
94(v) any local ordinance that is substantially similar to an offense listed in Subsections
95(19)(c)(i) through (iv).
96   (20) "Petitioner" means an individual applying for expungement under this chapter.
97   (21) "Plea in abeyance" means the same as that term is defined in Section 77-2a-1.
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98   (22) "Record" means a book, letter, document, paper, map, plan, photograph, film, card,
99tape, recording, electronic data, or other documentary material, regardless of physical
100form or characteristics, that:
101(a) is contained in the agency's file regarding the arrest, detention, investigation,
102conviction, sentence, incarceration, probation, or parole of an individual; and
103(b) is prepared, owned, received, or retained by an agency, including a court.
104   (23) "Special certificate" means a document issued as described in Subsection
10577-40a-304(1)(c) by the bureau stating that the criminal record and all records of arrest,
106investigation, and detention associated with the case do not clearly demonstrate whether
107the case is eligible for expungement.
108   (24)(a) "Traffic offense" means:
109(i) an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor
110Vehicle Act;
111(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
112under Title 41, Chapter 6a, Traffic Code;
113(iii) an infraction or a class C misdemeanor offense under Title 41, Chapter 12a,
114Financial Responsibility of Motor Vehicle Owners and Operators Act;
115(iv) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
116under Title 53, Chapter 3, Part 2, Driver Licensing Act;
117(v) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
118under Title 73, Chapter 18, State Boating Act; and
119(vi) all local ordinances that are substantially similar to an offense listed in
120Subsections (24)(a)(i) through (iii).
121(b) "Traffic offense" does not include:
122(i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
123Reckless Driving;
124(ii) an offense under Section 41-12a-302 for operating a motor vehicle without
125owner's or operator's security;
126(iii) an offense under Section 41-12a-303.3 for providing false evidence of owner's or
127operator's security;
128(iv) an offense under Sections 73-18-13 through 73-18-13.6; or
129(v) any local ordinance that is substantially similar to an offense listed in Subsection
130(24)(b)(i) or (ii).
131   (25) "Traffic offense case" means that each offense in the case is a traffic offense.
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132Section 2. Section 77-40a-303 is amended to read:
13377-40a-303 . Requirements for a certificate of eligibility to expunge records of a
134   conviction.
135   (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
136certificate of eligibility from the bureau to expunge the records of a conviction if:
137(a) the petitioner has paid in full all fines and interest ordered by the court related to the
138conviction for which expungement is sought;
139(b) the petitioner has paid in full all restitution ordered by the court under Section
14077-38b-205; and
141(c) the following time periods have passed after the day on which the petitioner was
142convicted or released from incarceration, parole, or probation, whichever occurred
143last, for the conviction that the petitioner seeks to expunge:
144(i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
145(ii) 10 years for the conviction of a felony for operating a motor vehicle with any
146amount of a controlled substance in an individual's body and causing serious
147bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, [
148]Chapter 236, Section 1, Subsection 58-37-8(2)(g);
149(iii) seven years for the conviction of a felony;
150(iv) five years for the conviction of a drug possession offense that is a felony;
151(v) five years for the conviction of a class A misdemeanor;
152(vi) four years for the conviction of a class B misdemeanor; or
153(vii) three years for the conviction of a class C misdemeanor or infraction.
154   (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
155expunge the records of a conviction under Subsection (1) if:
156(a) except as provided in Subsection (3), the conviction for which expungement is
157sought is:
158(i) a capital felony;
159(ii) a first degree felony;
160(iii) a felony conviction of a violent felony as defined in Subsection
16176-3-203.5(1)(c)(i);
162(iv) a felony conviction described in Subsection 41-6a-501(2); or
163(v) an offense, or a combination of offenses, that require registration as a sex
164offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex,
165Kidnap, and Child Abuse Registry, at the time of the application for the certificate
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166of eligibility;
167(b) there is a criminal proceeding for a misdemeanor or felony offense pending against
168the petitioner, unless the criminal proceeding is for a traffic offense;
169(c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
170petitioner, unless the plea in abeyance is for a traffic offense;
171(d) the petitioner is currently incarcerated, on parole, or on probation, unless the
172petitioner is on probation or parole for an infraction, a traffic offense, or a minor
173regulatory offense;
174(e) the petitioner intentionally or knowingly provides false or misleading information on
175the application for a certificate of eligibility;
176[(f) there is a civil protective order, a criminal protective order, or a criminal stalking
177injunction against the petitioner that is in effect; or]
178(f) there is a criminal protective order or a criminal stalking injunction against the
179petitioner that is in effect;
180(g) there is a civil protective order in effect for the petitioner and the civil protective
181order was issued after July 1, 2020; or
182[(g)] (h) the bureau determines that the petitioner's criminal history makes the petitioner
183ineligible for a certificate of eligibility under Subsection (4) or (5).
184   (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
185defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed
186the offense was at least 14 years old but under 18 years old, unless the petitioner was
187convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5,
188Minor Tried as an Adult.
189   (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a certificate
190of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
191determines that the petitioner's criminal history, including previously expunged
192convictions, contains any of the following:
193(a) two or more felony convictions other than for drug possession offenses, each of
194which is contained in a separate criminal episode;
195(b) any combination of three or more convictions other than for drug possession offenses
196that include two class A misdemeanor convictions, each of which is contained in a
197separate criminal episode;
198(c) any combination of four or more convictions other than for drug possession offenses
199that include three class B misdemeanor convictions, each of which is contained in a
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200separate criminal episode; or
201(d) five or more convictions other than for drug possession offenses of any degree
202whether misdemeanor or felony, each of which is contained in a separate criminal
203episode.
204   (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate of
205eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
206determines that the petitioner's criminal history, including previously expunged
207convictions, contains any of the following:
208(a) three or more felony convictions for drug possession offenses, each of which is
209contained in a separate criminal episode; or
210(b) any combination of five or more convictions for drug possession offenses, each of
211which is contained in a separate criminal episode.
212   (6) If the petitioner's criminal history contains convictions for both a drug possession
213offense and a non-drug possession offense arising from the same criminal episode, the
214bureau shall count that criminal episode as a conviction under Subsection (4) if any
215non-drug possession offense in that episode:
216(a) is a felony or class A misdemeanor; or
217(b) has the same or a longer waiting period under Subsection (1)(c) than any drug
218possession offense in that episode.
219   (7) Except as provided in Subsection (8), if at least 10 years have passed after the day on
220which the petitioner was convicted or released from incarceration, parole, or probation,
221whichever occurred last, for all convictions:
222(a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased by
223one; and
224(b) each numerical eligibility limit under Subsections (4)(c)[ and (d)] , (4)(d), and (5) is
225not applicable if the highest level of convicted offense in the criminal episode is:
226(i) a class B misdemeanor;
227(ii) a class C misdemeanor;
228(iii) a drug possession offense if none of the non-drug possession offenses in the
229criminal episode are a felony or a class A misdemeanor; or
230(iv) an infraction.
231   (8) When determining whether a petitioner is eligible for a certificate of eligibility under
232Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
233prior conviction for:
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234(a) an infraction;
235(b) a traffic offense;
236(c) a minor regulatory offense; or
237(d) a clean slate eligible case that was automatically expunged.
238   (9) If the petitioner received a pardon before May 14, 2013, from the Board of Pardons and
239Parole, the petitioner is entitled to an expungement order for all pardoned crimes in
240accordance with Section 77-27-5.1.
241Section 3. Effective Date.
242   This bill takes effect on May 6, 2026.
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