Utah Arrest Records

As reported by the Utah Department of Public Safety's (DPS) Bureau of Criminal Identification (BCI), about 83,000 arrests are made annually for various offenses in the state. Reports submitted by local law enforcement agencies throughout the state indicate that at least 10,000 larceny-theft arrests and about 1,900 assault arrests are made yearly. Some other prevalent crimes with their number of arrests each year in Utah are listed below:

• Marijuana possession - About 6,500 arrests
• Vandalism - About 2,800 arrests
• Robbery - About 320 arrests
• Other types of assaults - Around 7,900 arrests
• Driving under the influence (DUI) - about 8,500 arrests
• Arson - About 70 arrests
• Burglary - About 780 arrests
• Motor vehicle theft - Around 420 arrests

With 2,923.15 arrests per 100,000 residents, Utah ranks one of the states with the highest number of arrests in the United States. According to reports, it ranks as the 11th highest in terms of arrest rate. Utah's arrest rate is higher than the national average of 2,181.7 per 100,000 people and those of three of its five neighboring states. Colorado, Arizona, and Idaho's arrest rates are lower compared to Utah's. However, Nevada and Wyoming, whose arrest rates stand at 3,354.56 and 3,165.61, respectively, per 100,000 total population, are ahead of Utah in terms of arrest rate.

What Is an Arrest Under Utah Law?

Per Section 77-7-1 of the Utah Code, an arrest is the act of restraining a person accused of committing a crime to custody or their actual submission to custody. Generally, a law enforcement officer may make an arrest with or without a warrant in the state for any offense committed or those attempted to be committed in their presence. Under Utah law, presence goes beyond physical presence. It also includes any device that records the observations of any physical senses or enhances the understanding, range, or sensitivity of any physical presence.

As required by Section 77-7-6 of the state's Code, anyone performing an arrest in Utah must generally inform the individual being arrested of their intention, reason, and authority to make the arrest. However, such notice is not required under the following circumstances:

• The individual being arrested is committing or attempting to commit an offense at the time of the arrest
• The person making the arrest has reason to believe that notifying the suspect of the arrest will do any of the following:
  • Jeopardize their safety or life or that of any other person around
  • Will facilitate or enable the escape of the suspect
• The subject of the arrest is pursued immediately after committing an offense or an escape

In Utah, if a person being arrested forcibly resists the arrest or escapes after being notified of the intention to arrest them, the person making that arrest may resort to using reasonable force to execute the arrest. However, if they must use deadly force, it must comply with state law as provided in Section 76-2-404 of the Utah Code.

Type of Arrests in Utah

An arrest is usually made because someone is suspected of committing a crime, not just because a law enforcement officer has a hunch about something or because someone looks suspicious. Typically, a Utah law enforcement officer may make an arrest in any of the following situations:

• The offense was committed right in the officer's presence
• The officer has obtained a warrant of arrest from a judge
• The arresting officer has probable cause or grounds to believe that someone has committed a crime or is about to commit one

Under Utah's law, probable cause to make an arrest means that genuine information exists, making a law enforcement officer believe that someone has committed or is about to commit a criminal offense. In such a situation, the officer holds more than sheer suspicion but not sufficiently enough to demonstrate beyond a reasonable doubt that the suspect indeed committed or is about to commit a crime.

Regardless of the type of arrest executed, an arrest may be made in Utah under the following conditions if probable cause exists:

• A law enforcement officer has reasonable cause to believe a suspect has committed the offense of failure to disclose identity
• An officer has reasonable cause to believe a person has committed a public offense, and there are reasonable grounds to believe the suspect may do any of the following:
• Conceal or destroy evidence of committing the offense
• Hide or escape to avoid arrest
• Damage somebody else's property or injure someone else
• A law enforcement officer to believe a Class A misdemeanor or a felony has been committed and has reasonable grounds to believe that the individual arrested is the one who committed the offense

The two major types of arrests in Utah are discussed below:

Warrantless Arrests

A warrantless arrest is an arrest executed without getting a warrant from a judge. It mostly happens when a law enforcement officer has a cause to believe that the person being arrested has committed a crime or if an offense is committed in their presence. Per Section 77-7-13 of the Utah Code, a law enforcement agent in the state can make an arrest without a warrant if they have reasonable cause to believe a person has committed a theft of goods displayed or held for sale or theft of library materials.

When a warrantless arrest is made in Utah, state law generally requires the person who made the arrest, either an officer or a private individual, to take the arrested person without unnecessary delay to any the magistrate in the precinct of the county, the District Court, or the municipality where the offense occurred. Also, information specifying the charge against the suspect must be laid before the magistrate. Anyone (law enforcement office or a private person) who fails to do this is guilty of a Class B misdemeanor.

Warrant Arrest

When a law enforcement officer obtains a warrant of arrest before executing the arrest, it is called a warrant arrest. An arrest warrant is a document issued by a judge to enable law enforcement to arrest and take into custody a person suspected of committing a crime. It is typically issued upon law enforcement's presentation of evidence that someone has committed a criminal offense to the court. The judge will charge the individual suspected to have committed a crime with that crime and issue an arrest warrant once they (the judge) find probable cause.

A valid arrest warrant in Utah typically will have the following information:

• The name of the suspect
• Definite description of the suspect, including hair color, eye color, race, weight, and height
• The jurisdiction of the alleged crime
• The details of the issuing court, including the name of the issuing judge
• The date and time of warrant issuance
• The description of the crime charged

Per Section 77-7-5 of the Utah Code, if the offense charged is a felony, a warrant arrest in the state may be made at any time of the day or night. For a misdemeanor charge, law enforcement may only execute a warrant arrest during nighttime hours (after 10:00 p.m. and before 6:00 a.m.) under any of the following conditions:

• The suspect is in a public place, on a public highway, or in a place accessible to the public
• The magistrate/judge authorized law enforcement to make such an arrest at night
• The suspect comes in contact with a law enforcement officer who is investigating a criminal offense unrelated to the misdemeanor that necessitated the arrest warrant

In Utah, any law enforcement officer who knows of an active warrant of arrest may execute a warrant arrest without having a physical copy of the warrant. However, they must reasonably believe that the individual being arrested is the same person described in the arrest warrant.

What Are Utah Arrests Records?

Utah arrest records are records of individuals' arrest and detention over alleged criminal offenses. They generally provide pertinent information about arrests made within the state. Records of arrests in Utah are primarily created by law enforcement following the arrest of persons suspected to have committed an offense. During the booking process after the arrest, they make a document containing the details of all information gathered during and after the arrest, which then becomes an arrest record.

Common details provided by a typical Utah arrest record include the following:

• The full names of the arrestee and other personal details, including their gender, address, date of birth, place of birth, and office address
• The arrestee's physical descriptors, such as height, weight, eye color, skin color, hair color, tattoos, any body markings, piercings, and race
• Details of the arrest, including the time of arrest, date of arrest, location of arrest, booking date, arrest type (warrant or warrantless), and bail amount
• Fingerprints
• Mugshots
• Details of interrogations by law enforcement officers
• The alleged crime charges, typically based on victims' or witnesses' statements
• Convictions (if any) resulting from the arrest

Generally, Utah arrest records help to document criminal incidents, identify persons suspected to have committed an offense, and provide clear information about such incidents. The importance of arrest records cannot be overstated, as they generally are a means of checking people's backgrounds, particularly in making informed decisions regarding employment processes and rental contracts. Interested persons may obtain Utah arrest records locally by contacting the law enforcement agencies that made such arrests and created the records. Some local law enforcement agencies also maintain details of recent arrests made on jail rosters and inmate search databases maintained by their offices. For instance, interested persons may access information about recent arrests made by the Salt Lake County Sheriff's Office from the Jail Dockets and Roasters and Current Inmate Lookup Portal managed by the sheriff's office.

While often confused with each other, an arrest record and a criminal record are not the same, even though an arrest record typically forms a part of a criminal record. An arrest record is a documentation of a person's arrest history maintained by law enforcement. On the other hand, a criminal record in Utah is generally a comprehensive documentation of an individual's contact with the state's criminal justice system. It typically includes records of arrests and incident reports. The principal difference between an arrest record and a criminal record is in the outcome of the arrest. While an arrest record is proof that a person was suspected of committing an offense, a criminal record indicates that an individual has gone through a criminal justice system, whether found guilty or not, for the alleged crime.

How Can Arrest Records Be Accessed in Utah?

Members of the public have the right to access Uta arrest records under the state's Government Records Access and Management Act (GRAMA). The Act authorizes government agencies in the custody of public records, including arrest records, to make them available to interested persons upon request. However, such agencies may withhold certain information in arrest records, particularly those marked confidential, sealed, and those whose public disclosure is prohibited by state law. For example, juveniles' arrest records are not publicly accessible. Similarly, arrest records of cases with ongoing investigations are usually not disclosed to the public.

In Utah, only authorized individuals may access arrest records that are not publicly available. They include the subjects of the records, their legal representatives, law enforcement agencies, and individuals who have obtained court orders to inspect or obtain copies of such records. Utah arrest records are available from several sources. Interested persons may access or obtain them from any of the following sources:

Bureau of Criminal Identification

Individuals seeking to obtain copies of their criminal history records in the state may request them from the Utah Department of Public Safety (DPS), through its Bureau of Criminal Identification (BCI). Once obtained, they can fetch their arrest records, which are typically a part of criminal records. Anyone requesting their criminal history record in Utah is generally required to complete the Application for Criminal History Record Form and mail it alongside the necessary documents and fee to the BCI at:

Utah Bureau of Criminal Identification

4315 South 2700 West

Suite 1300

Taylorsville, UT 84129

Phone: (801) 965-4445

If an applicant wants their criminal history record (hence arrest records) released to a third party, they should complete the Third Party Release Form and submit it with their request to the BCI.

Right of Access Agencies

Anyone intending to access their own criminal records history, which typically includes arrest records, may contact any of the Right of Access Agencies (ROA). It is often recommended to contact the agency by telephone to learn about their process, as each agency's policies and procedures are different.

Courts

Contacting the courts is a great way to obtain arrest records in Utah for arrests that resulted in trials. Criminal records are mostly held by the County and District Courts within the state. Hence, interested members of the public may contact the clerks of courts in the counties where such cases were heard to obtain the required arrest records. Most county court clerks allow applicants to submit their requests in person and by mail. Parties to a criminal case may also obtain criminal records online using the My Court Case System maintained by the Utah State Courts to view the history of such a case, including arrest reports.

Local Law Enforcement Agencies

Not all local police departments and county sheriff's offices are approved to provide Utah Criminal History Right of Access. In any case, interested persons may obtain arrest records from local law enforcement agencies that executed such arrests. These agencies should typically be the first place to look when finding an arrest record in Utah. Some of them run online resources where anyone can view information about recent arrests made by their officers.

How Long Will an Arrest Report Stay on Your Utah Records?

In Utah, an arrest record may remain on a person's file or record with certain government agencies for a lifetime unless it is expunged in line with state law. Generally, records of arrests of individuals who had no charges filed against them, were not convicted, had their cases dismissed, or were acquitted may be expunged under state law. However, at least 30 days must have passed since the arrests were made, and the petitioners have no pending criminal cases.

The waiting period for arrest record expungement for arrests that resulted in convictions varies, depending on the seriousness of the crime. However, certain arrest records are not eligible for expungement in Utah and will stay on the defendants' records indefinitely. For instance, a person arrested for vehicular homicide, violent felony, capitol offense, registrable child abuse offense, or a felony DUI will always have the record on their file. Similarly, someone whose conviction requires them to enroll in the state's sex offender registry cannot have their arrest record expunged.

Can You Expunge Your Arrest Records in Utah?

Yes, certain arrest records may be expunged in Utah. Per Section 77-40a-201 of the state's Code, the arrest record of a case dismissed with prejudice, whose charges were acquitted, or that is a clean slate eligible case qualifies for automatic expungement. Automatic expungements are initiated and completed in a process between the courts and the state's Bureau of Criminal Identification (BCI), and no application process is required. Under state law, an arrest record expungement is the process of sealing or otherwise limiting access to a petitioner's records of arrest, detention, or investigation held by an agency.

A person's eligibility for arrest record expungement in Utah is generally based on their total criminal history, not just what has been reported to the BCI. This may include previous expungements and incidents in all states, so the BCI conducts a thorough background check for every expungement request it receives. The following is a list of the waiting periods for arrest records expungement for cases that resulted in convictions in Utah:

• Class C misdemeanors and infractions - 3 years
• Class B misdemeanors - 4 years
• Class A misdemeanors - 5 years
• Eligible felonies - 7 years
• DWI/DUI/Impaired driving - 10 years

Expungement petitions for arrests involving cannabis-related offenses and traffic violations must be filed directly with the appropriate court. The petitioner must serve the prosecutor copies of their petition. If the prosecutor objects, the petitioner may file a reply. The court may also schedule a hearing, and if the judge grants the request, the arrest record will be expunged.

To expunge an arrest record for an arrest unrelated to cannabis offenses or traffic violations, a person must apply to the BCI for a certificate of eligibility. The BCI will do its research and determine which arrest is eligible for expungement. Afterward, it will notify the applicant in writing of which incident qualifies for expungement. The petitioner may now purchase a Certificate of Expungement Eligibility from the BCI. Once obtained, the petitioner has 90 days from the date listed on the BCI's letter to petition the court with the Certificate of Expungement Eligibility and serve the prosecutor. They can complete an expungement order petition form through the relevant court and pay applicable court fees.

Once the court receives the applicant's petition, the judge will review it and notify them of any court hearing, particularly if the prosecutor objects. If the court approves the arrest record expungement petition, the petitioner must purchase a Certified Expungement Order from the court. Afterward, the petitioner is free to distribute copies of the certified expungement order to the BCI, prosecutor, arresting agency, and any other state agency involved with the case. Once received, these agencies will expunge the petitioner's arrest records from their databases.

Is Citizen's Arrest Legal in Utah?

Yes, it is legal to make a citizen's arrest in Utah. A citizen's arrest happens when a person who is not a law enforcement officer arrests another individual who they believe has committed or is about to commit an offense. Per Section 77-7-3 of the Utah Code, a private individual may arrest another person for a public offense attempted or committed in their presence. In addition, they may execute a citizen's arrest when a felony has been committed and have reasonable grounds to believe the person being arrested is the offender.

How to Look Up Arrest Warrants in Utah

The Department of Public Safety (DPS) manages a Statewide Warrants Search System that enables anyone to look up arrest warrants within the state. The system generally holds warrant information from data sent by the state's Criminal Justice Information System (UCJIS). Users may search the database by name. Interested persons may also look up information about arrest warrants issued within Utah by contacting the arresting law enforcement agencies or the clerks of courts that issued such warrants. In most cases, they will be able to make their requests in person or by mail.