Expunging a Record

Background Information

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.

Index to Expungment Resources

Frequently Asked Questions:

How-To: Get an Expungement in District Court

  1. You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI).This can take from 4-6 Weeks. Click here to get a copy of the application for a certificate of eligibility. 
  2. Completion of the Petition: You must then fill out a Petition and an Order of Expungement for the Court.
    Click here to download a blank Petition and Order of Expungement.You must complete the petition and the order before proceeding to step 3.
  3. Serving the Petition: The petition must be served on the prosecuting attorney, and the Department of Corrections. Unless a stipulation is obtained, expungement may not be granted until 30 days after service of the petition on those parties. This allows time for the prosecuting attorney or the crime victim to file a written objection to the petition, and for the court to order an evaluation, if necessary. If an objection is filed, the court must set a hearing and notify the prosecuting attorney, petitioner and victim of the hearing date.
  4. Written Evaluation: The court may order the Department of Corrections to prepare a written evaluation regarding the petition, including its recommendations. If you file a written objection to the conclusions and recommendation in the evaluation within 15 days after receipt of the evaluation, the court will set a hearing date and notify the parties listed above.
  5. Hearing: The court may hold a hearing. Or, if there are no objections to the Petition, the court may make a decision based on written documentation.
  6. Findings of the Court: 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.

Your responsibilities:

You, not the court, are responsible for service of the order on affected agencies. If you live out of state and are completing expungement by mail, you must include an 8" x 10" self-addressed, stamped manila envelope, for copies to be mailed to you for distribution. Agencies to be notified include:

  • The court
  • The arresting agency
  • The booking agency
  • The Department of Corrections
  • The Division of Public Safety*

Addresses for local agencies will be provided by the court clerk. For arresting agencies that are not local agencies, you must note that agency. The clerk will provide an extra copy of expungement, but the Petitioner must find a correct address for the agency.

*Responsibilities of the Division - The Division must forward a copy of the expungement order to the Federal Bureau of Investigation (FBI).

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How To: Get an Expungement in Juvenile Court

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

  1. 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.
  2. You are 18 years of age or older.
  3. 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:

  1. Complete a Petition for Expungement of Record. 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.
    Click here to download a blank Petition and Order of Expungement
  2. Obtain Right of Access from the Bureau of Criminal Identification. (Phone: 801 965-4445) This will be required at the time the petition is filed. A fee will be assessed.
  3. Pay a filing fee when 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
  4. Notify all agencies with custody of the records of the petition and of the date of the hearing.
  5. 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.
  6. You must appear in person at the hearing unless there are very unusual circumstances.

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Frequently Asked Questions


Who can get an adult court record expunged?

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.

When is expungement allowed?

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

How much does an expungement cost?

The filing fee for expunging a case covers offenses related to one criminal episode. If multiple cases from separate criminal episodes exist, separate filing fees must be paid for each case.

The filing fee for an expungement can be found at: http://www.utcourts.gov/resources/Fees.htm

Note: According to Utah Code §77-18-10, if you were arrested but no charges were filed, or if you were acquitted, there will be no filing fee to expunge those charges from your arrest record.

If I am granted an expungement, will my offenses remain on my driving record?

If your petition for expungement is granted, any offenses that had been reported to the Driver License Division will remain on your driving record.

Is there a time requirement on a dismissal?

There is no time requirement on a dismissal or a non-judicial closure.

What must I bring when I apply for an expungement?

A form of picture identification must be presented at the time of application.

Where should I file my petition?

The petition must be filed in the district court where the case file is maintained.

What happens if I fail to appear at the hearing on my petition?

The court may require you to appear for a hearing in court at an assigned time and date in order for the court to hear the expungement petition. Failure to appear may result in dismissal of the petition.

If I complete my expungement petition at home, what are the requirements?

If you want to take an expungement petition home to fill out, your signature must be notarized (signed in front of the clerk/notary) when the petition is filed at the court.

What happens if my petition for expungement is granted?

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.

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DEFINITIONS:
  • Expunge: To omit, erase, or obliterate
  • Petitioner: The individual applying for an expungement
  • Petition: A formal, written application requesting the court for a specific judicial action

Page Last Modified: 7/14/2008