ut-20261001-R671-315: R671-315. Pardons

1. Agency Information

Title catchline: Pardons (Board of), Administration Street address: 448 E Winchester St, #300 City, state: Murray, UT 84107

2. Contact Persons

Name: Phone: Email: Jennifer Yim 801-261-6464 jmyim@utah.gov Christopher Fournier 801-366-0216 cfournier@utah.gov Please address questions regarding information on this notice to the persons listed above.

B. Purpose of the new rule or reason for the change:

The amendment clarifies and modernizes pardon eligibility by establishing tiered waiting periods, defining how expunged cases and pleas in abeyance are treated, and standardizing application requirements. It also improves hearing procedures, clarifies Board of Pardons (Board) decision-making and post-pardon expungement processes, and provides greater flexibility through virtual appearances, accommodations, and good-cause waivers.

C. Summary of the new rule or change:

The change replaces the prior five-year pardon waiting period with offense-based waiting periods of 10, 7, or 5 years and clarifies eligibility restrictions, application requirements, and background-report timelines. It also updates hearing and submission procedures, including virtual appearances for good cause, clarifies Board decision-making and expungement procedures, and allows reasonable accommodations or waivers of requirements for good cause. 4. Legislative Action Information

B. If yes, any bill number and HB 110 (2026 General Session)

session: 190 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated impact on state budgets because the changes clarify process but do not impact procedure cost.

B. Local governments:

This rule change is not anticipated to have any fiscal impact on local governments because it does not affect local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change does not have a fiscal impact on small businesses because small businesses are not regulated by this rule.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule change does not have a fiscal impact on non-small businesses because it does not affect non-small businesses. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): There is no fiscal impact on persons other than small businesses, non-small businesses, state or local government entities because the rule changes clarify process but do not impact procedure cost.

F. Compliance costs for affected persons:

The rule change increases the waiting times prior to eligibility for application, but there are no compliance costs for affected persons because it does not increase application cost and application does not guarantee a pardon. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Board Administrator of the Board of Pardons and Parole, Jennifer Yim, has reviewed and approved this regulatory impact analysis. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 191 NOTICES OF PROPOSED RULES 8. Family Impact Information

B. Summary of reasonable alternatives or modifications:

This amendment is responsive to state legislative action. It extends eligibility periods before applying for a pardon, but it is not expected to have a negative impact on affected individuals and families because applying for a pardon does not guarantee a pardon. 9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Utah Constitution, Article VII, Section 12 Subsection 77-27-1(16) Section 77-27-5 Section 77-27-5.1 Section 77-27-9 Section 77-41-113 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/02/2026

B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.): Date: Time: Place (physical address or URL): 10/07/2026 4:00 PM 448 E Winchester St Suite 300 Murray, UT 12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Blake Hills, Chair Date: 08/18/2026 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. 192 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES (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) Apardon 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. (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) Any testimony or written material regarding a pardon request must be relevant, and must comply with other Board administrative rules. (g) Statements or other material submitted regarding a pardon application or hearing may not be submitted anonymously. Victim identifying information will be redacted. (h) The Board may refuse to accept, remove from an applicant's file or pardon application, or refuse to consider any statement or material submitted which is irrelevant, inflammatory, defamatory, hearsay, or which does not otherwise conform to Board rules. (i) The Board may manage the hearing as appropriate[ to promote efficiency]. (8) 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 or designee may appoint members to the panels in any combination. (9) The Board may deny a pardon, grant a conditional pardon, [or ]grant an unconditional pardon, or grant a commutation. The applicant will be notified in writing of the results as soon as practicable. (10) Pardon decisions must be made by a majority vote. Pardon decisions are final and are not subject to judicial review. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 193 NOTICES OF PROPOSED RULES (11) 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 Utah Code Title 77, Chapter 40, Utah ExpungementAct]. (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. (c) If the offense that was pardoned subjected the applicant to a registration requirement pursuant to Title 77, Chapter 41, Sex and Kidnap Offender Registry, the Board shall issue notification addressed to the Department of Public Safety to be hand delivered by the recipient or their attorney.[to the Department of Corrections of the pardon and direct that the applicant be removed from the registry.] (12) Absent any statutory prohibition, t[T]he Board may dispense with any requirement created by this rule for good cause. KEY: pardons Date of Last Change: 2026[January 16, 2026] Notice of Continuation: July 2, 2026 Authorizing, and Implemented or Interpreted Law: Art. VII Sec. 12; 77-27-1(16); 77-27-5; 77-27-5.1; 77-27-9; 77-41-113 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58184