R671-315. Pardons, R671. Pardons (Board of), Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R671. Pardons (Board of), Administration

R671-315-1. Pardons

Latest version.

1. A pardon is an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction. A pardon releases an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a consequence of conviction or punishment for a criminal offense.

2.(a) The Board may consider an application for a pardon from any individual who has been convicted of an offense in the state of Utah, after the applicant has exhausted all judicial remedies, including expungement, in an effort to ameliorate the effects of the conviction.

(b) The Board will accept and consider a pardon application only after at least five years has passed since the sentence for the conviction and any enhancement period has terminated or expired.

3.(a) A person seeking a pardon from the Board must complete and file, to the Board's satisfaction, an application in a form approved by the Board.

(b) No pardon application will be accepted unless it has been signed by the person whose convictions are sought to be pardoned.

(d) A pardon application will not be considered unless the applicant is able and willing to personally attend the pardon hearing.

4. In addition to the completed application, Board staff shall obtain and provide relevant information including, but not be limited to:

(a) all police reports concerning the conviction for which the applicant is seeking a pardon;

(b) all pre- or post- sentence reports prepared in connection with any sentence served in jail or prison, and for any conviction for which the applicant is seeking a pardon;

(d) a recent BCI report, NCIC report, and III report concerning the applicant;

(e) verification from the applicant that all imposed restitution, fines, fees, or surcharges have been paid in full; and

(f) verification from the applicant that the applicant completed therapy programs ordered by any court or by the Board.

5.(a) Board staff shall summarize all information collected or submitted regarding the application and provide the application and additional information to the Board.

(b) Board staff shall disclose to the applicant, prior to the hearing, all information obtained or received by the Board regarding the pardon application which is not from the applicant.

6. Once complete, and if otherwise compliant with all Board rules, the pardon application and all available relevant information will be considered by the Board, which shall vote to grant or deny a pardon hearing.

7. If a pardon hearing is granted:

(a) notice of the hearing shall be published on (i) the Board's web site; and (ii) the Utah Public Notice web site; and

(b) for each conviction which is the subject of the pardon hearing, notice of the hearing shall be mailed or otherwise sent to:

(i) any victim of record, if the victim can be located;

(ii) the arresting or investigative agency;

(iii) the sentencing court; and

(iv) the respective prosecutor's office.

8. In furtherance of the Board's obligation to conduct a full and fair hearing, the following pardon hearing procedures apply:

(a) The pardon applicant shall personally appear and shall be required to testify. The applicant may designate a few family members or other supporters to offer testimony at the hearing, if time allows.

(b) Any victim of a conviction for which a hearing has been scheduled may offer testimony, or may submit written material concerning the pardon request. Any victim may designate a representative to testify or speak on the victim's behalf at a pardon hearing.

(c) An authorized representative of the arresting or investigative agency, sentencing court or prosecutor's office for each conviction which is the subject of the hearing may offer testimony or may submit written material concerning the pardon request.

(d) The Board may subpoena any person to attend and testify at a pardon hearing if it determines that such testimony will aid the Board in making a decision regarding the pardon request.

(e) Any person not otherwise specified in this rule may submit letters in support of or in opposition to a pardon request.

(f) All testimony or written material regarding a pardon request must be relevant, and must comply with all other Board administrative rules.

(g) Statements or other material submitted regarding a pardon application or hearing:

(i) may not be submitted anonymously;

(ii) may not be based upon hearsay; and

(iii) shall only be based upon the personal knowledge or opinion of the person submitting the statement or material.

(h) The Board may refuse to accept, remove from an offender's file or pardon application, or refuse to consider any statement or material submitted which is irrelevant, defamatory, hearsay, or which does not otherwise conform to Board rules.

9. A pardon hearing may be conducted by the full board, or by a panel or a single board member assigned by the board chair. If conducted by a panel of the board, the board chair may appoint members to the panels in any combination.

10. The Board may grant a conditional pardon or an unconditional pardon. The petitioner will be notified in writing of the results as soon as practicable.

11. The Board may grant or deny a pardon by majority vote. Pardon decisions are final and are not subject to judicial review.

12. Upon granting a pardon, the Board shall issue an expungement order, directing any criminal justice agency to remove the recipient's identifying information relating to the expunged convictions from its records.

(a) An expungement order, issued by the Board, has the same legal effect and authority as an order of expungement issued by a court, pursuant to Title 77, Chapter 40, Utah Expungement Act.

(b) The board shall provide clear written directions to the pardon recipient along with a list of agencies known to be affected by the expungement order.

13. The Board may dispense with any requirement created by this rule for good cause.