Utah Expungement

If you have been charged with criminal violations in the past, the record of those charges may affect your ability to get work, housing, public benefits, financial aid for education, to drive or to enjoy other rights or privileges, such as voting. This information will help you understand what rights and options you have and what procedures you must use to clear or limit access to your criminal record by others.

If you have fulfilled the terms and conditions of your probationand satisfied the required waiting period, you can seek to withdraw your guilty plea, enter a plea of not guilty and have the matter set aside. Thereafter, you will be released from all penalties and disabilities resulting from the offense which you were convicted.

If you meet the requirements for eligibility you can seek to Vacate your Conviction and have your Records Sealed pursuant Utah Statutes.

Criminal History Cleaners LDA Professionals will prepare your documents, file and serve all interested parties with a Motion to Seal Record of Arrest and Conviction. We will do everything we can as Legal Document Assistants to help you through the process and get your Court Order.

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You are eligible for an expungement of arrest, investigation, or detention record if the following conditions are met:

• At least 30 days have passed since arrest.
• There have been no intervening arrests.
• The proceedings were dismissed.
• You were acquitted.
• You were discharged without conviction and no charges were re-filed within 30 days.
• You were released without formal charges being filed.

You can apply for an expungement of the record of arrest, investigation, and detention by filing a petition.
You are eligible for expungement of conviction if the following conditions are met:

• You have no more than one felony or two class A or B misdemeanor convictions.
• You have been released from incarceration, parole, or probation for the specified amount of time.
• You have satisfied all fines and restitution ordered as part of the sentence.

To get an expungment, you must seek and receive a certificate of Eligibility for Expungement from the Utah State Bureau of Criminal Identification. Some factors that may result in denial of this certificate are:

• Time period required by law has not been met. See below. This time period does not begin until all confinement and probation has been completed and fines are paid.
• Three or more convictions (for a felony, or class A or class B misdemeanors), not stemming from a single arrest.
• More than one felony, not stemming from a single arrest.
• Forcible 2nd degree felonies.
• A previous felony expungement.
• One or more pending arrest(s).
• Conviction of a sexual offense against a minor.
• Registerable sex offender status.
• Court records indicate that the case is still open.
• Disposition information is missing, and discretion of eligibility is not given.

If the court finds that you are eligible and no objections have been received, it will grant expungement and issue a certificate to you. The certificate will state that the petition and certificate of eligibility are sufficient, and the statutory requirements have been satisfied. After approving a petition for expungement, the court shall enter an order to expunge all or a portion of the case records in the custody of that court, or of any other agency or official.

 

You must wait a certain period of time before you can seek expungement relief. The time for expungement eligibility is as follows:

Capital felony; Felony 1; Forcible felony 2; any sexual offense against a minor	Never
2nd and 3rd degree felonies	7 years
Alcohol related traffic offenses (Title 41)	10 years
Class A misdemeanors	5 years
Multiple Class A misdemeanors	15 years
Multiple Class B misdemeanors	12 years
Multiple Class C misdemeanors	6 years
All other misdemeanors and infractions under Title 76, Utah Criminal Code	3 years
Arrests without filing of charges	30 days
Proceedings Commenced & Dismissed	30 days
Acquittals	30 days

Expungement is possible for the following records:

• Arrest
• Investigation
• Detention records which did not result in conviction
• Criminal convictions under prescribed restrictions

Juvenile Expungement:
To be eligible to obtain an expungement, you must meet the following requirements:

• It has been one year since the Juvenile Court terminated jurisdiction and all fines, fees and restitution have been paid, or it has been one year since Youth Corrections released you from a secure facility.
• You are 18 years of age or older.
• You do not have an adult criminal record.

NOTE: If you do not meet the eligibility requirements, the petition may not be granted. However, you should still be allowed to file a petition, if you wish to do so.

To get a juvenile record expunged, you must:
Specify whether you want to expunge the record in whole or in part. Expunging the record in whole means that the entire record in the Juvenile Court will be sealed. A sealed record can only be opened by petitioning the court. Expunging the record in part means to expunge all references to your name in the records of the adjudicated juvenile court cases.
Petition for Expungement of Record and Order for Expungement of Record forms (Juvenile)
Request a Right of Access from the Utah Bureau of Criminal Investigation (BCI) (publicsafety.utah.gov) at 801-965-4445. You must file this document with your Petition. BCI assesses a fee for this.
Pay a filing feewhen the Petition for Expungement is filed. (The fee is non-refundable. The filing fee for an expungement can be found at: http://www.utcourts.gov/resources/fees.htm
Notify all agencies with custody of the records of the petition and of the date of the hearing.
If the Court grants the petition for expungement, you are responsible to pay for and distribute certified copies of the Order Expunging the Record to all affected agencies identified in the Order.
You must appear in person at the hearing unless there are very unusual circumstances.
Getting a record expunged is the process of sealing a criminal case after the case has been resolved. This page will describe the process for both district and juvenile court expungements.
You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI) (publicsafety.utah.gov). This can take 4-6 weeks.
If the court grants the petition for expungement, all of your court records will be sealed and the matter treated as if a record never existed.
You should consider whether to file the petition to expunge the record in whole or in part. If a record is expunged in part, all references to the petitioner's name in the records pertaining to the adjudicated cases will be expunged. If a record is expunged in whole, all records in the court will be sealed.

Disclaimer: The information provided on these pages is general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing himself or herself in a legal matter, to assist the person in representing himself or herself .