Utah: Adult Diversion/Deferral Program (UT-D-1)

Records relating to traffic citations that are dismissed upon the successful completion of a diversion agreement, can be expunged by the court. Utah Code Ann. § 77-2-4.2.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Utah Code Ann. § 77-2-9 and Utah Code Ann. § 77-2-4.2(5)(b) for ineligible offenses.

Procedure General

An individual who applies for deferred prosecution shall: (i) apply through an online application process developed by the Administrative Office of the Courts; (ii) pay the relevant fine, as provided by the uniform fine schedule described in Section 76-3-301.5, associated with each traffic infraction for which the individual was charged; (iii) pay an administrative fee as established by the judicial council; and (iv) enter a deferred plea of no contest as described in Subsection (5)(e).

Fees

The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-2-4.2 (c), Utah Code Ann. § 76-3-301.5.

Effect

Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed. Utah Code Ann. § 77-2-7.

Forms

For more information on the auto expungement of adult conviction records in Utah, see here.

Waiting Periods

There is no statutory language reagarding a waiting period.

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