Are Arrest Records Public in Utah?
The Government Records Access and Management Act (GRAMA) grants Utah residents general access to all public records in the state if the interested persons apply to the appropriate record holder. However, Utah is still one of the closed record states in the US. A closed record means that all or part of the record is not open to the public, and closed record states limit access to certain criminal records data.
In Utah, criminal records information is not readily available to the general public except in certain circumstances. As a result, any person that wants access to those records must complete a written request or application. Where an arrest record is made public, individuals may access it, but if the record is closed for confidential or other reasons, interested persons may apply to view the record.
What is Considered an Arrest Record in Utah?
An arrest record or arrest report in Utah is a record from a law enforcement agency of a person's arrest, detention, or confinement over a criminal offense. Each of the law enforcement agencies in Utah creates and maintains records of incidents reported to it and the details of the arrest of any suspect. These arrest records form part of a person's Utah criminal record and may come up in background searches.
An arrest record in Utah does not mean that a person committed the offense charged or participated in the commission of the offense. It merely describes the criminal incident, the suspect's details, and other basic information. In Utah, an arrest report plays a big role in a criminal matter, as it helps determine the trial that may follow from the arrest.
Any person residing in Utah may report crimes and violations of the Utah Code to local law enforcement agencies for investigation. Once the law enforcement officers investigate an alleged crime and suspect a person of committing it, the officers are at liberty to bring the person into custody. While in custody, the arresting officer has to book the suspect and enter relevant data into a document called an arrest record or report, filed in the suspect's name. The record stipulates the particular offense(s) that the suspect is accused of and a detailed description of the person. It may serve as evidence if the suspect has to stand trial.
What Shows Up on an Arrest Record in Utah?
In Utah, an arrest record is a detailed description of a person's crime and arrest. It answers any questions relating to the identity and other details of the suspect. As a result, it contains the following information:
- A basic physical description of the suspect. It includes the person's height, race or ethnicity, eye, and hair color. Also, it describes other unique, distinguishable features of the suspect, like scars, piercings, tattoos, and other markings on the person's body.
- The suspect's full name, known aliases, and personal information. For example, the suspect's Social Security Number (SSN). Other relevant details in an arrest record are the suspect's current address, present job (if any), and birthplace.
- An arrest record will also have the suspect's booking and arrest information, like the booking number, date, and time of booking. It will also display the suspect's mugshot, fingerprints, type of arrest, location of the arrest, arresting agency, bail amount, outstanding warrants( if any). The arrest record will state the possible time and manner of release.
- A detailed description of the interrogation process as conducted by the arresting law enforcement agency.
- The arrest record displays information on the suspect's crime. This information entails the classification of the crime, whether a misdemeanor, felony, or minor infractions. The report also describes the criminal occurrence, which is often based on witness or victims' statements.
Who Can Access Arrest Records in Utah?
The person named in the record may want to access it to review and challenge it for inaccuracies if there are any. Such a person may also want to verify that there is no identity theft; and that the law enforcement agency did not compile the arrest record under a false or stolen identity. Another category of interested persons in an arrest record is employers and landlords trying to conduct a background search on a prospective tenant or employee. Also, a legal representative or the victim or witness to the crime may want a copy of the arrest records for legal reasons.
Utah Arrest Statistics
The State of Utah derives its arrest data from both the National Incident-Based Reporting System (NIBRS) and Summary Reporting System (SRS) and submits it to the Federal Bureau of Investigation (FBI) for reporting the crime in Utah report. Utah arrest data accounts for the number of persons arrested and not the number of charges for which a person was arrested. Suppose a law enforcement agency arrests a person for more than one offense. In that case, the reporting agency counts the arrest for the most serious charge.
In 2020, Utah reported a total of 83,863 arrests for different offenses. A breakdown of the crime report reveals a total of 75,821 adult arrests and 8,042 juvenile arrests. There were 19,425 adult and 2686 juvenile Part I crime arrests and 56,396 adult and 5,356 juvenile Part 2 crime arrests, coming to a total of 22,111 Part I and 61,752 Part 2 arrests. The FBI reports that only 103 of the 145 total law enforcement agencies in the state submitted 12 months' worth of arrest data in 2020.
Based on BCI’s interactive dashboards, about 36,801 people were arrested for Group B offenses in 2022. Approximately 26,821 of the arrested persons were male, and 9,980 were female. Here is the breakdown of the offense:
- DUI - 7,434
- Trespass of real property -3,428
- Liquor law violation - 2,468
- Nonviolent family offenses - 1,511
- Disorderly conduct - 1,563
- All other offenses - 20,222
- Curfew/ loitering/vagrancy violations - 176
Utah Public Arrest Records Search
A Utah arrest search is a means by which residents and non-residents inspect or obtain copies of arrest records from law enforcement agencies in the state. Per Government Records Access and Management Act, arrest records are public unless otherwise stated by Utah statute. Searches can be done online or in person at the appropriate record custodian’s office. Generally, juvenile arrest records are not available for public perusal. Also, a law enforcement agent may restrict sealed or expunged arrest records and an arrest record whose dissemination will tamper with an ongoing investigation.
How Do I Lookup Someone's Arrest Records in Utah?
Local sheriff departments in Utah provide online platforms for interested persons to view public arrest records. These searches are free, but the online search will only produce basic information on the suspect. Any other details regarding the investigation are not regarded or classified as public information. Alternatively, an interested person may search for arrest records at the courts or the arresting agency. There are several approved law enforcement agencies across the state that are official criminal records providers. Utah provides a complete list of these approved agencies.
Another way individuals may view arrest records in Utah is by requesting the criminal records of the suspect. Utah, like other states, has a central repository for maintaining criminal records. The repository is the Bureau of Criminal Identification of the Department of Public Safety, created by § 53-10-201 of the Utah Code. Requests to the Bureau may be in person, or via mail, at the Bureau of Criminal Identification, 3888 West 5400 South, Salt Lake City, Utah 84129. To apply by mail, download and print the application form, complete it and submit it via mail. The state does not allow for online applications.
An applicant must pay a $15 fee, whether it is a mail or in-person application. In-person applications allow cash, check, or money order payments drawn on a US bank. Mail requests do not allow for cash payments, but individuals may pay by US check, money order, or credit card. Applications for criminal records in Utah must come with a set of fingerprints attached to the applications. Individuals can obtain fingerprints from local law enforcement agencies at varying costs. All applications must also include a copy of a valid state ID as proof of identity.
How to Subpoena Arrest Records in Utah
Given that Utah is a closed record state, the public may not access all arrest and criminal records in the state. Some records may contain confidential or privileged information, and the law may limit parts of those records from public viewing. Any person who wants to see these restricted records will need the subpoena to do so. A subpoena or subpoena duces tecum is a court order that commands a person to produce specific legal documents, materials, or other tangible evidence before a court.
In criminal proceedings, attorneys use subpoena orders to get testimony or information that may prove someone's guilt or innocence at trial. Rule 14 of the Utah Rules of Criminal Procedure provides for subpoenas concerning criminal matters in Utah. The interested person must fill out a subpoena form listed on the Utah courts website to request a subpoena. Next, bring the form to the court for a court clerk to sign on it. After that, deliver a copy of the subpoena order to the relevant party, like an arresting officer of a law enforcement agency.
Under the Rules of Criminal Procedure, any person above 18 and not a party to the matter may serve the subpoena. Service is done by delivering a copy to the recipient and informing the person of its contents. The effect of the subpoena order is to allow an inspection of the mentioned records or documents. Failure to comply with a subpoena in Utah without adequate excuse is punishable as contempt of court under Rule 45 of the Utah Rules of Criminal Procedure.
How to Search for an Inmate in the Utah Prison System
The Department of Corrections in Utah has the main duty of overseeing the operations of correctional facilities within the state. These facilities include jails, detention centers, and penal institutions managed at the state or county level. As a result, the department is the go-to for all corrections and jail-related concerns in the state.
To find an inmate, especially without knowing the person's current location, an individual may contact the Public Information Unit of the Department of Corrections. The unit provides details of the housing information of current inmates in the state. Alternatively, interested persons may use the DOC online offender search tool to find an inmate but may need to provide certain information on the detainee to facilitate the search.
The first step is to open the offender search tool in a web browser. There are two available options on the platform, a name search and a search by offender number. A name search requires the searcher to input the offender's first and last names in the required field and a middle name if one is available. Then, the search by offender number requires only the offender's unique prison number to run the search. Once the fields are complete, click ‘search' and wait for a list of offenders matching the details to display on the screen.
How Do I Find Out if Someone Was in Jail in Utah
The Department of Corrections in Utah does not provide information on inmates who have left or been discharged from the prison system. Only the details of current inmates are available for public viewing via the offender search tool or other public databases. In that case, any person that wants to find out if someone was in jail in Utah may have to direct inquiries to the police department or local sheriff offices.
How to Find Recent Arrests in Utah
Individuals can find recent arrest records via inmate search tools and jail rosters provided by law enforcement agencies in Utah. For example, the Salt lake County Sheriff’s Office allows requesters to obtain information about recent arrestees via the Current Inmate Lookup tool or Jail Rosters available on their website. Inquirers can search the inmate database by conducting a search by name, booking number, permanent number, or state ID. The jail roster provides a list of information about individuals arrested in the county on a given day. It contains the arrestee’s name, housing, SO number, booking, booking date and time, age, sex, race, ethnicity, and charges.
Likewise, the Utah County Sheriff’s Office has an Inmate Lookup tool that can be used to find recent arrests in the county. The search criteria are by name or arrest date. Upon conducting the search, a list of the searched name or people that got arrested with an arrest date will appear. The requester can narrow the result by typing the arrested person’s name in the search box on the screen. Alternatively, requesters can just click on the “Current Inmates” button on the Utah County arrested person search page to locate recent arrests in the county.
Alternatively, requesters can find arrest records in person at County Sheriff Offices during business hours. In-person requests require providing the arrestee's name or booking number to facilitate the search. Individuals who are unsure about the arrested person’s name can just request the jail roster. They will be provided with a list of persons recently arrested and incarcerated in the county. The requester can review the roster to search for the appropriate arrest information they need. Generally, an inspection of arrest records is free, but copies of arrest records come at a cost.
How Long Do Utah Arrest Records Stay on File?
In Utah, if an arrest is on a person's criminal record, it can affect the person in many ways. Even if the court does not convict the person of the crime, the person's criminal record will still reflect the arrest. An arrest will not fall off a person's criminal record after a while, but the affected person may wipe the record by getting an expungement. Some of the consequences of having an arrest record on file are difficulty getting a job, housing, or credit facilities.
Are Arrest Reports Public in Utah?
An arrest report is a legal record maintained by a law enforcement agency that provides details of an arrest. It identifies the charge(s) filed against a person. After a law enforcement officer arrests a suspect with or without a warrant, an arrest report is generated. The report includes the alleged crime, the nature of the arrest, personal information about the arrestee, fingerprint identifier information, and the bail amount (if any) the judge establishes. Generally, arrest reports are not public records. Arrest reports are part of arrest records. An arrest record is a legal document that contains information about a person’s arrest and criminal history.
How to Obtain Arrest Records for Free in Utah?
A person seeking an arrest record from law enforcement agencies will likely get copies of the record at no official cost. However, the person may have to pay for photocopies, and certification, if there is a need for any. Another way to get arrest records for free is to search online. Many law enforcement agencies, local sheriffs, and other government ministries have websites and portals that enable interested persons to retrieve recent arrest data.
How to Search for a Utah Arrest Record Online Using a Third-Party Search Service
In many situations, getting a paper copy of an arrest record or searching for it through government databases may pose a huge problem for searchers. As a result, the individual may have to rely on third-party search services and websites to source arrest information in a shorter time and without the processing issues common with government services. The interested person may navigate to the preferred site on a web browser to start a third-party arrest record search. The next step is to fill the required boxes with relevant data of the arrested person, like the person's first name and last name, then click the search button or any similar prompt that appears.
With this service, a searcher may have to pay a one-time access fee or have an active subscription, weekly, monthly, or yearly, to get the record. However, a few of these sites offer the service for free. The interested person will have to pick a best-preferred option. However, it may only be difficult to determine the accuracy of the information or if the service provider updates their records regularly.
How to Correct an Arrest Record in Utah?
An arrest record in Utah provides accurate information on a person's arrest, but sometimes it may have incorrect information. The affected person may reach out to the law enforcement agency that carried out the arrest to complain about it and correct such a mistake. Suppose the incorrect information also appears in a person's criminal history record. In that case, the person may challenge the record by filing an ‘Application to Challenge Criminal History Records' form, as provided by the Department of public safety, Bureau of Criminal Identification.
After entering the required fields, the applicant may take the form to a law enforcement agency like the police department and request fingerprints. Then, affix a government-issued photo DI, like a passport, state ID card, or driver's license. Attached to the application must be a copy of the criminal history record, highlighting the information that the person wishes to challenge. Also, the applicant must pay the $15 application fee using checks or money orders.
The person must also prove to the satisfaction of the BCI that the criminal record is incomplete or inaccurate by attaching supporting documentation. After receiving the application to challenge the criminal records, it will amend the criminal history record accordingly if the BCI is satisfied. However, if the BCI denies the application, the applicant cannot request another review or hearing but may challenge the decision at a district court in Utah, in line with § 63G-4-402 of the Utah Code.
How to Expunge Arrest Records in Utah
In Utah, a person can get an arrest record expunged if 30 days have passed since the arrest and the person has no pending criminal cases. The law supporting this is provided in Chapter 40, Title 77 of the Utah Expungement Act. For a person to petition for an expungement, the person must meet the following eligibility requirements:
- If the law enforcement agency did not file charges, the suspect might file an expungement petition.
- In certain circumstances where law enforcement files charges, the defendant may also file for an expungement. However, the charges must be dismissed with or without prejudice.
- Suppose the court acquits the suspect at trial or the statute of limitation on the criminal trial has expired. In that case, the defendant can petition for an expungement.
The interested person must first apply for a ‘Certificate of Eligibility' from the Utah Bureau of Criminal Identification (BCI) to start the arrest expungement process. With this document, a petitioner may request an expungement from the court. After the BCI provides the applicant with the certificate, which may take months, the person must file a ‘Petition to Expunge Records' alongside the certificate. If the petitioner cannot meet the deadline, it is best to apply for the certificate at another time.
The person must also address the ‘Petition to Expunge Records' to the prosecutor that handled the matter. Also, the applicant must file the correct documents that match the circumstances of the case. Upon getting the petition, the prosecutor may consent to the expungement and waive a hearing. The prosecutor also has the power to file an objection to the expungement request.
Some objection grounds are that the petitioner did not complete all the probation requirements or that the person is still a danger to the public. There may be a hearing if the prosecutor does not waive a hearing or respond within 60 days. The judge has the final say regarding the expungement and may accept or deny the request. After a successful expungement hearing, the petitioner will receive an expungement order. Then, the person may mail copies of the order to law enforcement and government agencies.
Utah adopted an automatic system in 2019, with the HB431 bill, which created an automatic expungement process to delete criminal records of persons convicted of low-level crimes. For example, a person must be crime-free for five years for a class C misdemeanor, six years for a class B misdemeanor, and seven years for drug possession, the only class A misdemeanor eligible for expungement.
The effect is that these agencies may, from then on, treat the arrest as if it did not occur. If an agency receives an expungement order, the agency is mandated to seal its records and deny any inquiries regarding the arrest records. However, an expunged record is not destroyed, as certain government officials can view and copy the records. Also, the court may order for sealed records to be unsealed in certain circumstances. The sealed records are placed in a secured envelope, and the clerk will inscribe "Not to be opened except upon permission of the court" across the envelope.
