Utah Misdemeanor Classifications

Utah Misdemeanor Classifications
A misdemeanor is a crime that is punishable by less than 365 days imprisonment in a county jail. Should the crime require more time in a prison then it will be classified as a felony, not a misdemeanor. Misdemeanors range from petty crimes to felonies that have reduced to misdemeanors by juries, judges, or plea agreements.

In Utah, misdemeanors are divided into three categories; Class A misdemeanors, Class B misdemeanors and Class C misdemeanors. A misdemeanor is classified based on the maximum penalty slowed by law should one be found guilty of the associated crime.

Class A Misdemeanor
A Class A misdemeanor is punishable by no more than one year imprisonment in a county jail and a fine of up to $2,500. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Class B Misdemeanor
A Class B misdemeanor is punishable by no more than six months imprisonment in a county jail and a fine of up to one thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Class C Misdemeanor
A Class C misdemeanor is punishable by no more than ninety days imprisonment in a county jail and a fine of up to seven hundred and fifty dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Expungement of a Criminal Record in Utah
An expungement of a criminal record takes place when a judge seals one's criminal record. This makes the record no longer public. A judge will not grant an expungement until the case has been resolved. Record expungement will often make obtaining a job easier because future employers can no longer search the expungee's past criminal record and the expungee does not have to report to future employers that he or she was convicted of a past crime. In essence, an expungement wipes a person's slate clean, allowing him or her to start over without the looming pervious record.

A person may apply to have his record expunged after a specific period of time has passed since the sentencing date. The necessary period of time in accordance with the crime committed is listed below. The sentencing date is the day the defendant was sentenced for his or her crime; this is not the date he or she was arrested, the charges were issued or the conviction date. An expungement is likely to be granted if the person requesting it has fully completed the required sentence, the probation period, does not have more than one felony or two class A or B misdemeanor convictions, and has paid all associated fines. Courts are very strict on the completion of these items.

If a person's probation period is not completed but the sentence has been completed and all fines have been paid, many jurisdictions will allow for the defendant to file for a probation modification. A probation modification will allow a judge to determine if the defendant has displayed outstanding performance while on probation and thus merits a modification to a lesser probation period.

The court will usually allow for any records associated with criminal file to be expunged. This would include police reports, investigation reports, and other reports leading up to the conviction. The expungement will not end here, all records of the detention or correctional facility and court documents related to the case can also be expunged.

Crimes and Their Associated Time Eligibility for Expungement in Utah

Capital felony; Felony 1; Forcible felony 2; any sexual offense against a minor	Never
2nd and 3rd degree felonies	7 years
Alcohol related traffic offenses (Title 41)	10 years
Class A misdemeanors	5 years
Multiple Class A misdemeanors	15 years
Multiple Class B misdemeanors	12 years
Multiple Class C misdemeanors	6 years
All other misdemeanors and infractions under Title 76, Utah Criminal Code	3 years
Arrests without filing of charges	30 days
Proceedings Commenced & Dismissed	30 days
Acquittals	30 days

Crimes that Cannot be Expunged in Utah
The following crimes cannot be expunged in Utah:

1. any conviction involving a minor,
2. any conviction involving felony sexual offense against a minor,
3. any capital felony,
4. and convictions for Felony 1 or Felony 2
   

See also:
Utah Expungement External link (opens in new window)
Utah Felony Laws External link (opens in new window)
Utah Gun Laws External link (opens in new window)