Utah earns a D- for its civil forfeiture laws
Standard of Proof
Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing evidence that property is connected to a crime.
Innocent Owner Burden
Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.
Financial Incentive
Large profit incentive: 100% of forfeiture proceeds go to law enforcement.
The letter grade reflects Utah’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in Utah?
Under Utah law, the government’s and owners’ deadlines leading to a judicial hearing add up to 135 days, but there is no deadline for the hearing itself and possible extensions may add to the wait. While you wait, the government has your property, but you can try to get it back while the case continues by requesting a hardship hearing or by posting a bond equal to the property’s fair market value.
*If the property is worth less than $10,000 and you file an answer, prosecutors must file criminal charges within 60 days of serving you with the complaint or else return your property.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $47 million in state and federal forfeiture revenue
| Year | Utah Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $226,524 | $0 | $226,524 |
| 2001 | Unknown | $199,037 | $1,000 | $200,037 |
| 2002 | Unknown | $3,357 | $38,000 | $41,357 |
| 2003 | Unknown | $0 | $0 | $0 |
| 2004 | Unknown | $619,006 | $0 | $619,006 |
| 2005 | Unknown | $245,948 | $36,000 | $281,948 |
| 2006 | $286,805 | $1,001,545 | $268,000 | $1,556,350 |
| 2007 | $420,822 | $1,229,094 | $202,000 | $1,851,916 |
| 2008 | $484,460 | $1,524,820 | $10,000 | $2,019,280 |
| 2009 | $658,674 | $1,075,298 | $0 | $1,733,972 |
| 2010 | $1,233,707 | $1,417,701 | $0 | $2,651,408 |
| 2011 | $1,580,720 | $938,370 | $934,000 | $3,453,090 |
| 2012 | $1,362,787 | $1,850,331 | $88,000 | $3,301,118 |
| 2013 | $2,609,386 | $962,471 | $135,000 | $3,706,857 |
| 2014 | $2,649,597 | $604,701 | $214,000 | $3,468,298 |
| 2015 | $1,555,230 | $462,403 | $73,000 | $2,090,633 |
| 2016 | $1,179,036 | $775,049 | $90,000 | $2,044,085 |
| 2017 | $2,126,266 | $1,118,850 | $1,101,000 | $4,346,116 |
| 2018 | $2,202,812 | $923,541 | $370,000 | $3,496,353 |
| 2019 | $1,732,145 | $723,562 | $230,000 | $2,685,707 |
| 2020 | $903,463 | $1,294,507 | $22,000 | $2,219,970 |
| 2021 | $855,087 | $620,574 | $163,000 | $1,638,661 |
| 2022 | $787,971 | $1,070,852 | $166,000 | $2,024,823 |
| 2023 | $771,358 | $640,900 | $34,000 | $1,446,258 |
| Totals | $23,400,326 | $19,528,441 | $4,175,000 | $47,103,767 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Utah does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Utah agencies have generated nearly $24 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 32 Utah agencies, or an estimated 24% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Utah Law: Key Facts
Median Value
$2,020
From 2019 to 2023, half of Utah’s currency forfeitures were worth less than $2,020.
Property Types
From 2019 to 2023, more than 90% of Utah’s forfeitures were of currency.
Proceeding Types
From 2019 to 2023, at least 69% of Utah’s forfeitures were processed under civil, not criminal, forfeiture laws.
Seizure Circumstance
From 2019 to 2023, more than half of Utah’s forfeitures involved property seized during a roadside stop.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
C+Statewide Forfeiture Reports
APenalties for Failure to File a Report
DAccounting for Forfeiture Fund Spending
AAccessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
FFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Forfeiture reports with property-level data were obtained via public records requests to the Utah Commission on Criminal and Juvenile Justice. Revenues for 2015–2023 represent the value of forfeited currency and property sold, retained, or destroyed. Revenues for 2006–2014 represent case-level forfeiture proceeds. Figures for 2015–2023 are based on calendar year, while those for earlier years are based on fiscal year. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: Clear and convincing evidence.
Utah Code Ann. § 77-11b-302(7).
Innocent owner burden: Government.
Utah Code Ann. § 77-11b-302(7).
Financial incentive: 100%.
Utah Code Ann. §§ 77-11b-401, -403.
Process: Utah Code Ann. § 77-11a-303 (hardship hearing); id. §§ 77-11b-101 et seq. (forfeiture procedure); Utah R. Civ. P. 55 (default judgment).