13. Agency Authorization InformationAgency head or
designee and title:
R671. Pardons (Board of), Administration.
R671-315. Pardons.
R671-315-1. Pardons.
(1)(a) The Board may consider an application for a pardon from any individual who has been convicted of an offense in Utah, after the applicant has exhausted available judicial remedies, including expungement, in an effort to ameliorate the effects of the conviction. (b) Absent extraordinary circumstances or statutory prohibitions, the Board will accept and consider a pardon application [only after at least five years have passed since the sentence for the conviction and any enhancement period has terminated or expired.]according to the following time periods: (i) For convictions of first degree felonies, or any felony person crime, at least ten years have passed since the termination of the sentence or supervision for the conviction, whichever is later. (ii) For convictions of second degree felonies, at least seven years have passed since the termination of the sentence or supervision for the conviction, whichever is later. (iii) For convictions of a third degree felony or any other offense not stated in Subsections (1)(b)(i) and (1)(b)(ii), at least five years have passed since the termination of the sentence or supervision for the conviction, whichever is later. (c) If a conviction is subject to a more restrictive statutory timeframe, the more restrictive statutory timeframe will govern. (d) The Board may also consider relevant enhancement periods when deciding whether to grant a hearing or a pardon. (e[c]) Absent extraordinary circumstances, t[T]he Board will not consider pardons for cases where infractions are the most serious offense on [or successfully completed pleas in abeyance]expunged cases. (f) The Board will not consider pardons for charges that were dismissed through a plea in abeyance agreement. (g) While the Board does not have jurisdiction to pardon convictions for crimes committed outside the Board's jurisdiction, such as convictions in another state or convictions in federal court, the Board may consider such convictions in determining whether to grant a pardon hearing. (2)(a) A person seeking a pardon from the Board must complete and submit, to the Board's satisfaction, an application in a form approved by the Board. Every requirement of this rule may be eligible for[is subject to] reasonable accommodations when requested by the applicant. (b) No pardon application will be accepted unless it has been signed by the person whose convictions are sought to be pardoned.
(c) Posthumous pardon applications will not be accepted or considered.
(d) A pardon application will not be considered unless the applicant is willing to personally attend the pardon hearing.
(3) In addition to the completed application, the applicant shall provide to Board staff, where possible, other relevant information including:
(a) any police reports concerning the conviction for which the applicant is seeking a pardon;
(b) any 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; (c) the applicant's inmate files;
(d) a [recent ]Bureau of Criminal Identification (BCI) report, National Crime Information Center (NCIC) report, and Interstate Identification Index (III) report, each completed within six months of the application's submission, concerning the applicant; (e) verification from the applicant or a third party, including the Office of State Debt Collection, that imposed restitution, fines, fees, or surcharges have been satisfied; and
(f) verification from the applicant that the applicant completed therapy programs ordered by any court or by the Board.
(4)(a) Board staff shall summarize information collected or submitted regarding the application and provide the application and additional information to the Board.
(b) As allowable by law, Board staff shall disclose to the applicant, before the hearing, any information obtained or received by the Board regarding the pardon application which is not from the applicant.
(c) The Board may request additional information from staff or from the applicant.
(5) Once the pardon application is complete, and if otherwise compliant with Board rules, the Board will review the pardon application, information received under Subsection (4)(c), and the information submitted in response to the application. After review, the Board will vote to grant or to deny a pardon hearing.[ and any available relevant information will be considered by the Board, which shall vote to grant or deny a pardon hearing.] (6) If a pardon hearing is granted:
(a) notice of the hearing shall be published on:
(i) the Board's website; and
(ii) the Utah Public Notice website; 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 investigating agency;
(iii) the sentencing court; and
(iv) the respective prosecuting agency.
(7) 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 in person 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. (i) The Board may allow the pardon applicant to appear virtually if the Board finds good cause to make an exception to the personal appearance requirement in Subsection (7)(a). (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 on the victim's behalf at a pardon hearing.
(c) An authorized representative of the arresting or investigating agency, sentencing court or prosecuting agency for each conviction which is the subject of the hearing may offer testimony or may submit written material concerning the pardon request.
