Utah Arrest Records

Arrest records are documents detailing instances of individuals being apprehended by law enforcement authorities for suspected crimes. Utah arrest records are systematically generated by law enforcement agencies, notably local police departments or county sheriff's offices. The record provides key information about the “who, why, when, and how of each arrest,” detailing vital information that may be required for legal proceedings and law enforcement purposes.

In Utah, the arresting agency, whether a local police department or county sheriff's office, creates the arrest record when an arrest occurs. At the state level, the Utah Department of Public Safety oversees the creation, maintenance, and dissemination of these records.

Key information found in Utah arrest records include:

• Personal details like full name and date of birth
• Physical characteristics, such as height, weight, hair color, eye color
• Distinguishing features like tattoos or scars
• Arrest specifics, such as date, time, and location
• Booking information
• Custody status
• Relevant court details (case numbers, charges, bail amounts, and the next court date).

Are Arrest Records Public in Utah?

Yes, arrest records in Utah are publicly accessible per Utah Code Title 63G, Chapter 2, Part 3. According to Utah Code § 63G-2-301, government records, including arrest records, are considered public unless expressly classified as private, controlled, or protected by law.

Access to arrest records is generally provided to those in the legal process, law enforcement, and authorized entities. Utah Code § 63G-2-202 affirms an individual's right to their records unless restricted by law. Law enforcement typically shares arrest records with involved parties, legal representatives, and authorized entities.

Utah Code § 63G-2-305 specifies cases where access to records may be restricted. For example, records that might interfere with an ongoing investigation, jeopardize safety, or expose a protected source's identity are exempt from public disclosure.

Additionally, Utah Code § 63G-2-302 safeguards individuals' privacy during arrests, designating specific personal details, like Social Security numbers, financial information, and medical records, as private.

How Do I Look Up Arrest Records in Utah State?

The Utah Department of Corrections operates transparently under the Utah Government Records Access and Management Act (GRAMA). The GRAMA allows public access to the following records without a formal, written request:

• Date of birth
• Custody status (inmate, parolee, probationer)
• Offender number
• Sentencing details
• Court case number
• Mugshot
• Housing location
• Board hearing date
• Parole date (Note: In Utah, sentencing is indeterminate, with time ranges rather than specific durations. For example, a 3rd-degree felony convict might receive a sentence ranging from 0 to 5 years.)

For additional information contained in other documents or records, the requestor must submit a GRAMA request at the record custodian’s office.

Utah Sheriff Offices

• Visit the Utah County Sheriff’s Office Inmate Search website.
• Enter the name or arrest date of the offender.
• Review the search results to find the offender’s arrest record.
• Alternatively, interested parties could visit the Utah County Arrest Warrants website to search arrest warrants by name, mugshot, DOB, warrant number, and charges. Both of these materials are available at no cost.

Utah Department of Corrections

• Visit the Utah Department of Corrections offender search website.
• Input the offender's first and last name or their offender number
• Run the search
• Examine the results to locate the offender's arrest record.

Note that nominal costs may apply depending on the type of records requested.

Federal Resources

• Visit the Federal Bureau of Prisons Inmate Locator website.
• Enter the name or registration number of the offender.
• Review the search results to find the offender’s arrest record.
• Alternatively, visit the United States Courts website to access court records.

Free Arrest Record Search in Utah

Arrest records in Utah can be accessed for free through various channels. The following avenues offer no-cost options for obtaining arrest records:

• Online Portals: MyCase, a free Utah Courts service offers a free online system that allows parties to check case status and expungement details. Once expunged, the case will appear as “Case Expunged” in official records.
• Direct, physical requests: Government agencies facilitate in-person requests where individuals can inquire about arrest records at the agency's office without incurring any charges. Interested persons can look for the "Contact Us" or "Locations" section on the website. This section often includes the physical addresses of the agency's offices.
• County Sheriff's Websites/Online Databases: Many county sheriff's offices maintain online databases, allowing the public access to arrest records. These databases are user-friendly and often require minimal information, such as the individual's name.
• Public Access Terminals: Public access terminals are available at the sheriff's office, enabling access to arrest records without any associated fees.

How Long Do Arrests Stay on Your Record in Utah?

In Utah, according to Utah State Courts, there is no standard period for retaining arrest records. Arrests typically remain indefinitely on a record unless action is taken to expunge it. However, on March 28, 2019, former Governor Gary Herbert endorsed HB 431, establishing the "Clean Slate" law. This law mandates technology-based automatic identification and expungement of minor criminal records for eligible individuals with a clean record for a specified time. Under the clean slate law, all eligible records will be expunged, removing visibility from the public and the Utah State Court Xchange database.

Not all records qualify for expungement under HB 431. To be eligible for consideration through the clean slate law, waiting periods are usually considered. The "waiting period" denotes the duration one must stay conviction-free for Clean Slate eligibility. For example, someone with a Class A drug possession conviction on July 1, 2018, may qualify for expungement by July 1, 2025, provided no new convictions occur in Utah during that time.

The criteria for applying for an expungement under the Utah Clean Slate in Utah are listed below.

• Class A misdemeanor drug possession offenses (usually limited to 2) have a 7-year waiting period from adjudication.
• Class B misdemeanors (usually capped at 3) carry a 6-year waiting period.
• Class C misdemeanors, minor offenses, and infractions have a 5-year waiting period.
• Acquittals require a 60-day wait from the order, and dismissals with prejudice demand a 180-day wait from the dismissal order.
• Dismissals from a plea in abeyance align with conviction waiting periods.

In essence, the waiting period specified under the clean slate law determines how long arrests will be visible on an offender’s record.

How to Seal an Arrest Record in Utah.

In Utah, due to H.B. 431 Expungement Act Amendments, qualifying arrest records are automatically sealed. For manual expungement, the qualifying conditions must be met:

• For a cannabis conviction, a petition under Utah Code 77-40a-305(3) has to be filed with the court that rendered the judgment.
• For a traffic offense conviction, a petition under Utah Code 77-40a-101 has to be filed with the court that rendered the judgment.

For appellate records:

• Applicants are required by law to meet specific requirements.
• Once this is done, they can proceed to submit a petition to the Utah Supreme Court under Supreme Court Standing Order No. 12.

To seal other case types, applicants should:

• Apply for and get the Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI)
• Proceed to file a petition with the court that rendered the judgment.

Sealing arrest records can help enhance offender's prospects, with employment and housing opportunities, as it provides a fresh start, minimizing the impact of past arrests.