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Expunging Juvenile Records

Introduction

This page can help you expunge your juvenile court records. 

What is Expungement?

Expungement means clearing your record. When a court expunges your case:

  • They seal all records about it
  • No one can see these records without permission from the court
  • You can say the arrest or conviction never happened
  • The Court notifies affected agencies to also expunge records they may have on a case (note: not all records can be expunged).

Without an expungement order, an arrest or conviction stays on your record 

Do you need to access your expunged records?
Visit our page on Accessing Expunged Records for more information.

Types of Expungement

The kind of expungement you need to file depends on what happened in your case. Answer the questions below to get help for your situation.

Who did you talk with about your case?

Are you at least 18 years old?

Your case might be automatically expunged if you are eligible. You are eligible if:

  • your record only has nonjudicial adjustments (you had a contract with a probation officer and did not go to court) that were copleted after October 1, 2023 (if not, go to the next question below)
  • you successfully completed all of your adjustments
  • Your record is NOT for a violation of:
    • a DUI
    • reckless endangerment creating a substantial risk of death or serious bodily injury
    • negligent homicide
    • sexual battery
    • possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises
    • possession of a dangerous weapon by a minor

Utah Code 80-6-1004.5

The court will expunge the non-judicial records automatically. The court will send you notice of the expungement. It will also send notice to any affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them.

You can try to file a Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments). You are eligible if:

  • your record has only nonjudicial adjustments (you had a contract with a probation officer and did not go to court)
    • if you have both nonjudicial adjustments and adjudications, you can file a Petition to Expunge Juvenile Court Records instead
  • you have paid any restitution you owe 
  • you do not have any pending delinquency or criminal cases against you. 
Is your case not eligible for automatic expungement beucase you are not yet 18? If your case only has nonjudicial adjustments you can wait until you are 18 and then your case will be eligible for auto expungement.

How to expunge your records

Step 1 - fill out these forms:

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
    • check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."
    • the amount listed on the Cover Sheet is the filing fee. If you cannot afford to pay it, visit our Fees and Fee Waiver web page for guidance and forms
  • 1101EX - Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments)
    • Print the number of the Court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of."

Step 2 - file your papers
File your Cover Sheet and Petition. Pay the filing fee if you are not asking for a fee waiver

Step 3 - attend any hearing and follow up
Usually a hearing is not required. But if the court schedules one be sure to attend. And if the court asks for any other paperwork, be sure to file it

If your case is expunged

If your expungement is granted, the court will send you a copy of the expungement order.  The court will also send a copy of the order to affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them. 

Utah Code 80-6-1004.2

Contact your local Juvenile Court. Use the court directory to find their contact information.

You can try to file a Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments). You are eligible if:

  • your record has only nonjudicial adjustments (you had a contract with a probation officer and did not go to court)
    • if you have both nonjudicial adjustments and adjudications, you can file a Petition to Expunge Juvenile Court Records instead
  • you have paid any restitution you owe 
  • you do not have any pending delinquency or criminal cases against you. 
Is your case not eligible for automatic expungement beucase you are not yet 18? If your case only has nonjudicial adjustments you can wait until you are 18 and then your case will be eligible for auto expungement.

How to expunge your records

Step 1 - fill out these forms:

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
    • check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."
    • the amount listed on the Cover Sheet is the filing fee. If you cannot afford to pay it, visit our Fees and Fee Waiver web page for guidance and forms
  • 1101EX - Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments)
    • Print the number of the Court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of."

Step 2 - file your papers
File your Cover Sheet and Petition. Pay the filing fee if you are not asking for a fee waiver

Step 3 - attend any hearing and follow up
Usually a hearing is not required. But if the court schedules one be sure to attend. And if the court asks for any other paperwork, be sure to file it

If your case is expunged

If your expungement is granted, the court will send you a copy of the expungement order.  The court will also send a copy of the order to affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them. 

Utah Code 80-6-1004.2

Were the charges found to be true?

You can try to file a Petition to Expunge Juvenile Court Records. You are eligible if:

  • at least one year has passed from the day when the juvenile court's jurisdiction was terminated or you were unconditionally released from custody by the Division of Juvenile Justice and Youth Services 
  • you have no delinquency or criminal case pending against you
  • you were NOT convicted of a violent felony within 5 years. A violent felony includes all of the offenses listed in Utah Code 76-3-203.5(1)(c)
  • you have paid all of your required restitution
  • your case was NOT for an adjudication of murder or aggravated murder
How to expunge your records

Step 1 - get your Adult Criminal History Report
Get your Adult Criminal History Report from the Bureau of Criminal Identification (BCI). There is a fee for the report. The judge might require that you file a criminal history report from the other communities in which you have lived. Hold onto the report - you will need it for step 3. 

Step 2 - fill out these papers:

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
    • check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."
    • the amount listed on the Cover Sheet is the filing fee. If you cannot afford to pay it, visit our Fees and Fee Waiver web page for guidance and forms
  • 1174XX - Petition to Expunge Records Juvenile
    • Print the number of the Court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of."

Step 3 - file your papers
File your Cover Sheet, Petition, and your original Criminal History Report with the juvenile court

Step 4 - attend the hearing
The court will schedule a hearing. The court will send you notice about when and where to attend. The court will also tell the prosecuting attorney, the juvenile court's probation department, and any other agencies that may have record of the incidents. The court will also notify the victim if the victim has requested notice.

At the hearing, you, the prosecutor, the victim, and any other person who has information can talk to the judge

If your case is expunged

If your expungement is granted, the court will send you a copy of the expungement order.  The court will also send a copy of the order to affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them. 

Utah Code 80-6-1004.1

You can file a Petition to Expunge Allegations Not Found to be True.

You are eligible if:

  • at least 30 days have passed since the not true finding by the court
  • no appeals have been filed in your case

A Petition to Expunge Allegations Not Found to be True expunges will not seal your entire record. It will only seal the specific allegation(s) included on the petition. 

How to expunge your records

Step 1 - get your Adult Criminal History Report
Get your Adult Criminal History Report from the Bureau of Criminal Identification (BCI). There is a fee for the report. The judge might require that you file a criminal history report from the other communities in which you have lived. Hold onto the report - you will need it for step 3. 

Step 2 - fill out these papers:

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
    • check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."
    • the amount listed on the Cover Sheet is the filing fee. If you cannot afford to pay it, visit our Fees and Fee Waiver web page for guidance and forms
  • 1103EX - Petition to Expunge Allegations not Found to be True
    • Print the number of the Court's judicial district and the name of the county, and the case number. Print your information under the phrase "In the interest of."

Step 3 - file your papers
File your Cover Sheet, Petition, and your original Criminal History Report with the juvenile court. Pay the filing fee if you are not asking for a fee waiver

Step 4 - attend any hearing and follow up
Usually a hearing is not required. But if the court schedules one be sure to attend. And if the court asks for any other paperwork, be sure to file it. 

If your case is expunged

If your expungement is granted, the court will send you a copy of the expungement order.  The court will also send a copy of the order to affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them. 

Utah Code 80-6-1004.4

You can file a Petition to Expunge Records of Arrest, Investigation, Detention, or Delinquency. You are eligible if 

  • your record does not have any formal adjudications or non-judicial adjustments
  • there are no pending delinquency or criminal proceedings against you
How to expunge your records

Step 1 - get your Adult Criminal History Report
Get your Adult Criminal History Report from the Bureau of Criminal Identification (BCI). There is a fee for the report. The judge might require that you file a criminal history report from the other communities in which you have lived. Hold onto the report - you will need it for step 3. 

Step 2 - fill out these papers:

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
    • the amount listed on the Cover Sheet is the filing fee. If you cannot afford to pay it, visit our Fees and Fee Waiver web page for guidance and forms
  • 1102EX - Petition to Expunge Juvenile Records of Arrest, Investigation, Detention, or Delinquency

    Step 3 - file your papers
    File your Cover Sheet, Petition, and your original Criminal History Report with the juvenile court. Pay the filing fee if you are not asking for a fee waiver

    Step 4 - attend any hearing and follow up 

    The court will send a copy of your petition to the prosecuting attorney. They have 30 days to respond to the petition. 

    The court might set a hearing. If you get notice of a hearing, be sure to attend. And if the court asks for any other paperwork, be sure to file it

    If your case is expunged

    If your expungement is granted, the court will send you a copy of the expungement order.  The court will also send a copy of the order to affected agencies. The affected agencies are required to write you and tell you that they complied with the expungement order. Contact the agency to verify your record was expunged if you do not hear from them. 

    Utah Code 80-6-1004.3

    Agency Contact Information

    If the court grants your expungement, it will automatically send copies of the expungement order to you and to  affected agencies. The agencies are then required to contact you to confirm they have expunged your records. If you do not hear from them, you can contact them. Here is a list of some agencies that may have records.

    After Expungement

    When records are expunged the public cannot see or copy those records. But an expungement order does not apply to things like news stories.

    If your records were expunged you can respond to questions about your background as though the incident did not occur. A government agency will also respond to inquiries about you as though the incident did not occur. 

    There are some exceptions to documents that can be sealed. For additional information see Utah Code 80-6-1006.1.