Utah - Expungement

What is Expungement?

Utah offers "expungement" of adult criminal records. Expungement removes your criminal record from publicly available online sources. The court that orders your expungement will automatically seal all related court orders. To have records held by other agencies, including the Bureau of Criminal Identification (BCI) sealed, you must send a copy of your order of expungement.

Under the new Clean Slate automatic expungement law that goes into effect May 1, 2020, if your record is automatically expunged by the court, the expungement order will be sent to the Bureau of Criminal Identification.

Expungement in Utah is very complex, and new rules will go into effect on May 1, 2020. Whether you can expunge a record is controlled by the type or "class" of the offense.

Who is Eligible for Expungement?

You are eligible to have your arrest record expunged if:

  • The prosecutor declines to file charges;
  • The case is dismissed with prejudice;
  • The case is dismissed without prejudice and the prosecutor consents or 180 days have passed;
  • You were acquitted; or
  • The statute of limitations has expired on all charges.

In general, you are eligible to have your personal identifying information removed from a court case if:

  • The case was dismissed; and
  • No charge in the case was a domestic violence offense.

In general, you are eligible to have a conviction record expunged if:

  • You were convicted of a misdemeanor conviction;
  • You were convicted of a drug-related offense;
  • You were convicted of a specified felony.

How long you have to wait before you petition the court for an expungement depends on the type of offense you are seeking to have expunged.

You cannot expunge the following types of records:

  • Capital felony;
  • First degree felony;
  • Violent felony;
  • Felony automobile homicide;
  • Felony DUI alcohol/drugs;
  • Registerable sex offenses; or
  • Registerable child abuse offenses.

In addition, you cannot have any conviction expunged if your record includes a certain amount of felony or misdemeanor convictions, including:

  • Two or more felony convictions other than for drug possession, each of which was a separate criminal episode;
  • Three or more convictions other than for drug possession, of which two or more are Class A misdemeanor convictions, each of which was a separate criminal episode;
  • Three or more felony convictions for drug possession, each of which was a separate criminal episode;
  • Four or more convictions other than for drug possession, of which three or more are Class B misdemeanor convictions, each of which was a separate criminal episode; or
  • Five or more convictions of any degree whether misdemeanor or felony, each of which was a separate criminal episode.

There is a different process to expunge and seal juvenile records. To access the information, visit the Utah Courts website here: Expunging Juvenile Records.

What Effect Does Expungement Have?

Once a Utah court grants an expungement, you may respond to any inquiry as though the conviction did not occur, with some exceptions. The conviction may still be used for various law enforcement purposes. The Bureau of Criminal Identification (BCI) will not release your expunged record to the public. However, some agencies are still allowed to access your expunged record. These agencies include the Board of Pardons and Parole, Peace Officer Standards and Training, federal authorities, the Division of Occupational and Professional Licensing, and the State Office of Education. This means that if you apply for a job that requires an occupational or professional license, you likely must disclose your expunged record.

Arrest or conviction records that have been expunged may still be available for use in future felony proceedings.

If you are later charged with a felony, the state may petition the court to open expunged records. A court may order that the expunged records be opened and admitted into evidence for sentencing.

Once your record is expunged, in most cases you can legally deny being arrested or convicted.

When Can I Apply for Expungement?

In general, you can apply for an expungement of an eligible conviction only after you have completed your sentence and paid all fines, fees, and restitution associated with the conviction. You must count from whichever occurred last, the conviction or release from incarceration, parole, or probation. You cannot petition for an expungement if you have a pending criminal proceeding.

In addition to completing your sentence and paying all fines, fees, and restitution, the following waiting periods apply:

  • 10 years if your conviction is a misdemeanor driving under the influence and reckless driving (Utah Code 41-6a-501(2)) or felony possession of a controlled substance while operating a vehicle in a negligent manner (Utah Code 58-37-8(2)(g));
  • Seven years if your conviction is a felony;
  • Five years if your conviction is a Class A misdemeanor or a felony drug possession;
  • Four years if your conviction is a Class B misdemeanor; or
  • Three years if your conviction is any other misdemeanor or an infraction.

If you entered a plea in abeyance, you must first make sure your case is dismissed before petitioning for an expungement. In some courts, you will need to first file a Motion to Dismiss. To find more information about the motion process, visit the Utah Court’s website: How to File Motions.

The following convictions cannot be expunged:

  • A capital felony;
  • A first degree felony;
  • A violent felony;
  • Felony automobile homicide;
  • A felony violation of driving under the influence and reckless driving;
  • A registerable sex offense; or
  • A registerable child abuse offense.

You are not eligible to petition for an expungement if your criminal record also includes:

  • Two or more felony convictions other than for drug possession, each of which was a separate criminal episode;
  • Three or more convictions other than for drug possession, of which two or more are Class A misdemeanor convictions, each of which was a separate criminal episode;
  • Three or more felony convictions for drug possession, each of which was a separate criminal episode;
  • Four or more convictions other than for drug possession, of which three or more are Class B misdemeanor convictions, each of which was a separate criminal episode; or
  • Five or more convictions of any degree whether misdemeanor or felony, each of which was a separate criminal episode.

If it has been at least 10 years since you were convicted or released from incarceration, parole, or probation, whichever occurred last, for all convictions, then the eligibility limits above are increased by one.

There is also a process to expunge certain cannabis possession convictions even if you are not qualified to receive a certificate of eligibility necessary for expungement. You may qualify for this if you:

  • had a qualifying condition at the time of your arrest or citation, and
  • the cannabis was in a form to medicinally treat your condition, and
  • the cannabis was in an amount to medicinally treat your condition and did not exceed certain amounts.

You can find more information on the Utah Courts website under the “Expunging a conviction for cannabis possession” section, here: Expunging Adult Criminal Records.

Beginning May 1, 2020, some records will be automatically expunged under a new Clean Slate law. This means you will not have to pay for certificates from BCI or file a petition with the court if your record is covered by the Clean Slate law. While the law goes into effect on May 1, 2020, it may take a year from that date for your case to be automatically expunged.

Records that will be automatically expunged include:

  • Acquittals;
  • Cases dismissed with prejudice;
  • Class A misdemeanor convictions for possession of a controlled substance;
  • Most Class B and Class C misdemeanor convictions;
  • Certain traffic cases (but not driver license files); and
  • Infractions.

Pleas in abeyance are not eligible for Clean Slate automatic expungement.

Although these cases will be automatically expunged, there is still a waiting period. The waiting period begins when the case is closed. To be eligible, you must have paid all fines and fees, and you must wait:

  • Five years for a Class C misdemeanor or an infraction;
  • Six years for a Class B misdemeanor; and
  • Seven year for a Class A misdemeanor conviction for possession of a controlled substance.

While the process is automatic, the prosecutor still has the right to object to the expungement order. The prosecutor can object for the following reasons:

  • There is an error or the prosecutor doesn’t believe the case is eligible for automatic expungement;
  • The person has not paid all of the court-ordered restitution to the victim; or
  • The prosecutor has a reasonable belief that the person is continuing to engage in criminal activity.

If the prosecutor provides written notice of an objection, the court may not proceed.

How Do I Apply for Expungement?

Here are the six steps to apply for expungement:

  1. Locate your criminal record. You will need to know a lot of information in order to apply for expungement. Most of the information can be found on your criminal history information from the Bureau of Criminal Identification.
  2. Download the “Application for Certificate of Eligibility” form. To access the form, visit the Utah Bureau of Criminal Identification (BCI) website here: Application Instructions for Certificate of Eligibility.
  3. Follow the application instructions to complete the form, and include supporting documents.
  4. Pay the $65.00 fee. Acceptable forms of payment include credit card, check, or money order made payable to “BCI”.
  5. Make copies of everything, including one complete set for yourself.
  6. Mail the original completed application form, supporting documents, payment, and copy of your criminal history to this address:

    Utah Bureau of Criminal Identification
    3888 West 5400 South
    Taylorsville, UT 84129

Salt Lake County’s Expungement Navigator Program may be able to help pay for BCI fees and help you with your BCI application. You do not need to be a resident of Salt Lake County to get help. To contact the Salt Lake County Expungement Navigator, contact Jake Smith at (385) 226-1729 or email JaSmith@slco.org.

It can take several months for BCI to process your request. Once you receive your Certificate of Eligibility, you have 90 days from when it was issued to file it, along with your Petition to Expunge Records. If the certificate expires, you need to get a new one.

Here are the six steps to file your Certificate of Eligibility with the Courts:

  1. Prepare the following documents you will need to file with the court:
    • Cover Sheet for Civil Actions;
    • Petition to Expunge Records. Make sure you choose the Petition that best matches your case; and
    • Order on Petition to Expunge Records.

      To access the forms, visit the Utah Courts website here: Required Forms.
       
  2. Make two copies of all forms. Once you receive your Certificate of Eligibility, you have 90 days from when it was issued to file all of your paperwork with the court. You should make a copy of all of your forms.
  3. File your documents with the court. File your Certificate of Eligibility, Cover Sheet for Civil Actions, Petition to Expunge Records, and Order on Petition to Expunge Records with the court that decided your criminal case. If a court case was never filed, file your paperwork in the district where the arrest occurred.
  4. Serve the Prosecutor. Once you have filed your documents with the court, you need to take or mail a copy of your documents to the prosecutor’s office that handled your case. You need to provide a the prosecutor:
    • Copy of Petition to Expunge that you filed with the court;
    • Copy of the Certificate of Eligibility that you filed with the court;
    • Originals of the Acceptance of Service and Consent and Waiver of Hearing.

      To access the forms, visit the Utah Courts website here: Required Forms. If the prosecuting attorney was the state of Utah, serve the county prosecutor. For a list of names and addresses for county prosecutors, visit the Utah Prosecution Council website here: Utah Prosecution Council, County and District Attorneys.

      If you mail your documents to the prosecutor’s office, you will need to include a self-addressed stamped envelope so they can return the Acceptance of Service and Consent and Waiver of Hearing forms to you if they sign them.

      If the prosecutor signs a Consent and Waiver of Hearing, you need to file the Consent and Waiver of hearing and any other documents you have not already filed with the court.

      If the prosecutor files an objection or statement on behalf of the victim or themselves, the court will schedule a hearing. You will need to bring any other documents you have not already filed to the hearing.

      If the prosecutor signs the Acceptance of Service only, the court has to wait 60 days to allow the prosecutor and victim time to file their statements. You will need to file the Acceptance of Service with the court. The court may schedule a hearing or may grant your request without a hearing.

      If the prosecutor does nothing, the court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. You should file the Proof of Service with the court. The court may schedule a hearing or may grant your request without a hearing.
       
  5. Attend the hearing. A hearing may be scheduled. Be ready to explain to the court that:
     
    • The petition and certificate of eligibility are sufficient;
    • You are eligible for an expungement under the law; and
    • Expunging your record is not against the public interest.
       
  6. Deliver certified copies of your expungement order to agencies. If the court grants your expungement, it will enter an order to expunge the records of arrest, investigation, detention, or conviction held by any state, county, or local government entity. Get the certified copies of the expungement order as soon as it is entered and before the case is sealed. You may wish to provide certified copies of the expungement order to:
     
    • The arresting agency;
    • The booking agency (county jail);
    • The prosecutor’s office;
    • The Department of Corrections;
    • The Bureau of Criminal Identification (attach a copy of the Certificate of Eligibility to the expungement order); or
    • Driver License Division.

More Information About Expungement

For helpful information about expungement in Utah, visit the related links:

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