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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case

Removing the link between personal identifying information and dismissed criminal court case

A person whose criminal case has been dismissed can ask the court to remove the link between their name(s) and date of birth and the case in the court's online records.

If the request is granted, anyone who searches the court's online records by name or date of birth will not find the record for the dismissed case.

This is not the same thing as asking for a case to be expunged. The case record still exists, and can be found by case number.

Utah Code 77-40-104.1

Requirements

The court can grant the request if three requirements are met:

  • The case was dismissed more than 30 days ago;
  • An appeal has not been filed; and
  • The case did not include any domestic violence charges. (Utah Code 77-36-1)

Procedure

  • The defendant files with the court a Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case.
  • The defendant mails or hand delivers a copy of the Motion to the prosecutor.
  • The prosecutor has 14 days to file an objection.
  • After 14 days, the defendant files with the court a Request to Submit for Decision, and the Order on Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case. The judge will not consider the motion until a Request to Submit for Decision is filed.
  • The judge will consider the request and make a decision.

Forms

  • Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the prosecutor to respond)
  • Order on Motion to Remove Link Between Personal Identifying Information and Dismissed Criminal Court Case - PDF | Word

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 8/30/2018
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