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Senate committee backs bill to limit reporting of arrests not resulting in conviction

January 27, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Senate committee backs bill to limit reporting of arrests not resulting in conviction
The Utah Senate Business and Labor Committee on Jan. 27 recommended favorably SB 70, the "Consumer Reporting Amendments," which would limit consumer reporting agencies from reporting arrests or charges that do not result in conviction.

Sponsor Senator Pitcher told the committee the bill aims to reduce collateral consequences that arrests, charges or non-conviction records can impose on housing and employment. "If an individual's arrested, but that arrest doesn't ultimately result in a charge to be filed or if there's a charge that didn't end up as a conviction... that information probably shouldn't be reported," Pitcher said.

The bill would still allow reporting of pending charges that have a possibility of resulting in a conviction. During questions, Senator Musselman said the proposal "gives me some pause" and asked whether the measure conflicts with federal rules; Pitcher and staff said they would research federal requirements but noted other states have adopted similar limits.

Two witnesses testified in favor. Mark Moffett, representing the Utah Criminal Defense Lawyers Association, told the committee "involvement in the criminal justice system can carry with it a lot of negative connotations... the mere fact that they've been involved can influence the decision of third parties." Jason Chipman of the Libertas Institute said several states have statutory protections and cited Kentucky, where similar reporting is not allowed in many circumstances.

Committee members discussed legal and practical questions, including whether reporting of expunged convictions or pardoned convictions would be affected and who the statute's "may/may not" language leaves discretion to; the committee record indicates reporting agencies would make those determinations under the bill's language. Senator Weiler signaled support, saying he favored measures that help people secure housing.

After discussion the committee voted by voice to recommend SB 70 to the Senate floor; the transcript records the recommendation as passing unanimously. Sponsor Pitcher closed by saying he is "committed to keep working on this until we get it right, but I would ask for your support today."

The committee's favorable recommendation advances the bill to the full Senate for further consideration; the measure's exact statutory text and any subsequent amendments will determine how federal reporting rules, expungement and pardons interact with the proposed limits.

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