Moving Violations, Expungements, Small Claims, Fix It Tickets, Bail Schedule
The Utah Expungement Act governs how to expunge records of an arrest or conviction in Utah, regardless of when a person was arrested or convicted.
Expunging a criminal record does not change history; expunging a record means that the court orders the records of the arrest, investigation, detention and conviction in the criminal case sealed. Sealing a record means that the public cannot view or copy the record. Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest).
If an agency does not receive the expungement order, they are not required to seal their records. A government agency that has received an expungement order will respond to an inquiry as though that arrest or conviction did not occur. A person who has had records expunged may respond to an inquiry as though that arrest or conviction did not occur. The order to seal records applies only to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected.
After a record is expunged, an agency’s sealed records can still be viewed and copied by some government officials, and the court can order the records unsealed under some conditions.
Although the records being expunged are criminal records, the petition to expunge is a civil case. In proceedings to expunge a record, the defendant in the criminal case is the petitioner in the expungement case.
https://legacy.utcourts.gov/howto/expunge/ for more information on Expungements click the link.
Small claims actions are governed by the Utah Code and the Rules of Small Claims Procedure. The Rules of Civil Procedure generally do not apply, unless a statute or rule says that they do. If there is a difference between the information on the Utah Courts Small Claims website page (found here) and the statutes and rules, the statutes and rules govern.
The party filing the claim is the plaintiff. The party responding to the claim is the defendant.
Limits on Small Claims:
Small claims cases are to recover money, and claims cannot exceed the jurisdictional limit. That limit is set by the Legislature in Utah Code Section 78A-8-102. The defendant must owe the debt to the plaintiff or, on a counter affidavit, vice-versa. Small claims cases cannot be used to sue a government entity, to sue for possession of property, to evict a tenant or to recover an assigned claim.
If the claim does not satisfy these limitations, the plaintiff must file a civil complaint in the district court under the Utah Rules of Civil Procedure.
If you are suing for property damage to a motor vehicle (such as the cost to repair your car), you can sue for bodily injuries in the same small claims action, or you can file a separate action for bodily injuries. Otherwise you have to join all of your claims against the defendant into one action. Utah Code Section 78A-8-102.
If you file an affidavit for property damage to a motor vehicle and a separate complaint for bodily injuries as a regular civil action, the decision in the small claims action is not binding in the complaint for bodily injuries. In other words, one party might win in the claim for property damages and the other party might win in the claim for bodily injuries. If you file separate claims, be sure to include all of the property damages in the claim for property damages because you cannot ask for more property damages in the claim for bodily injuries.
CLICK HERE for more information from the Utah Courts website.
Mandatory Appearance – You must make an appointment unless the Defendant had insurance on the date of the violation. Then they must provide a letter of proof to the court, on insurance letterhead, signed and dated.
No Insurance Cards will be accepted.