77-2a-3. Manner of entry of plea -- Powers of court -- Expungement.
(1)
(a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b) In a case charging an offense for which a defendant may voluntarily pay the recommended fine amount without a personal appearance under Section 77-7-21, a defendant may enter into a plea in abeyance agreement without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense, enter a judgment of conviction for the lower degree of the offense, and impose a sentence for the lower degree of the offense;
(b) allow withdrawal of the defendant's plea and order the dismissal of the case; or
(c) issue an order of expungement for all records of the offense if:
(i) the defendant successfully completes a problem solving court program that is certified by the Judicial Council; and
(ii) the court allows the withdrawal of the defendant's plea and orders the dismissal of the case.
(3)
(a) Upon finding that a defendant has successfully completed the terms of a plea in abeyance agreement and only as provided in the plea in abeyance agreement or as agreed to by all parties, the court may:
(i) reduce the degree of the offense, enter a judgment of conviction for the lower degree of the offense, and impose a sentence for the lower degree of the offense;
(ii) allow withdrawal of the defendant's plea and order the dismissal of the case; or
(iii) issue an order of expungement for all records of the offense if:
(A) the defendant successfully completes a problem solving court program that is certified by the Judicial Council; and
(B) the court allows the withdrawal of the defendant's plea and orders the dismissal of the case.
(b) Upon sentencing a defendant for any lesser offense in accordance with a plea in abeyance agreement, the court may not invoke Section 76-3-402 to further reduce the degree of the offense.
(4) The court may require the Division of Adult Probation and Parole created in Section 64-14-202 to assist in the administration of the plea in abeyance agreement as if the defendant were placed on probation under Section 77-18-105.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and which may not exceed in amount the maximum fine and surcharge which could have been imposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay the costs of any remedial or rehabilitative program required by the terms of the agreement; and
(c) an order that the defendant comply with any other conditions that could have been imposed as conditions of probation upon conviction and sentencing for the same offense.
(6)
(a) The terms of a plea in abeyance shall include:
(i) a specific amount of restitution that the defendant will pay, as agreed to by the defendant and the prosecuting attorney;
(ii) a certification from the prosecuting attorney that:
(A) the prosecuting attorney has consulted with all victims, including the Office for Victims of Crime; and
(B) all victims, including the Office for Victims of Crime, are not seeking restitution; or
(iii) an agreement between the parties that restitution will be determined by the court at a subsequent hearing in accordance with Section 77-38b-205.
(b) At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the defendant, as a modified term of the plea in abeyance, to pay restitution to all victims for the entire amount of pecuniary damages that are proximately caused by the criminal conduct of the defendant.
(c) The court shall collect, receive, process, and distribute payments for restitution to the victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d) If the defendant does not successfully complete the terms of the plea in abeyance, the court shall enter an order for restitution, in accordance with Chapter 38b, Crime Victims Restitution Act, upon entering a sentence for the defendant.
(7)
(a) A court may not hold a plea in abeyance without the consent of both the prosecuting attorney and the defendant.
(b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8) No plea may be held in abeyance in any case involving:
(a) a sexual offense against an individual who is under 14 years old; or
(b) a driving under the influence violation under Section 41-6a-502, 41-6a-502.5, 41-6a-517, 41-6a-520, 41-6a-520.1, 41-6a-521.1, 76-5-102.1, or 76-5-207.
(9)
(a) If the terms of a plea in abeyance agreement allow a court to issue an order of expungement as described in Subsection (2)(c), the prosecuting attorney shall make a reasonable effort to provide notice to any victim of the offense of the terms of the plea in abeyance agreement.
(b) The notice under Subsection (9)(a) shall:
(i) state that the victim has a right to object to the expungement; and
(ii) provide instructions for registering an objection with the court.
(c) If there is a victim of the offense, the victim may file an objection with the court before the court makes a finding as to whether the defendant successfully completed the terms of the plea in abeyance agreement as described in Subsection (3).
(d) The defendant may respond, in writing, to any objection filed by the victim within 14 days after the day on which the objection is received by the court.
(10) If the court issues an order of expungement under Subsection (3)(a)(iii), the court shall:
(a) expunge all records of the case as described in Section 77-40a-401; and
(b) notify the Bureau of Criminal Identification of the order of expungement.
(11)
(a) Upon receiving notice from the court of an expungement order as described in Subsection (10), the Bureau of Criminal Identification shall notify any agency, as defined in Section 77-40a-101, affected by the expungement order.
(b) For purposes of Subsection (11)(a), the Bureau of Criminal Identification may not notify the Board of Pardons and Parole of an expungement order if the individual has never been:
(i) sentenced to prison in this state; or
(ii) under the jurisdiction of the Board of Pardons and Parole.
(c) The Bureau of Criminal Identification shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(12) The defendant may deliver copies of the expungement to any agency, as defined in Section 77-40a-101, affected by the order of expungement.
(13) If an agency receives an expungement order under this part, the agency shall expunge all records for the case in accordance with Section 77-40a-401.
Amended by Chapter 291, 2026 General Session
