Utah Courts

UTAH COURTS

Settings

The Utah Judiciary is committed to the open, fair, and efficient administration of justice under the law. Find important information on what to do about your case and where to find help on our Alerts and Information Page due to the impact of the COVID-19 outbreak.

El poder judicial de Utah está comprometido a la administración de justicia de una manera abierta, justa y eficiente bajo la ley. En nuestra página Información y alertas encontrará información importante sobre qué hacer en cuanto a su caso y dónde encontrar ayuda debido al impacto del brote de COVID-19.

Home Page
Previous Page
 

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.

Expunging Juvenile Records

Introduction

Expunging a juvenile record does not change history; expunging a record means that the court orders the records of the juvenile court and related records of state, county and local government agencies to be sealed. Sealing a record means that the public cannot view or copy the record. The order to seal records applies only to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected.

If an agency does not receive the expungement order, they are not required to seal their records. A government agency that has received an expungement order will respond to an inquiry as though that incident did not occur. A person who has had records expunged may respond to an inquiry as though that incident did not occur. The juvenile in the original case is the petitioner in the expungement case.

Asking for Expungement of Juvenile Records

There are two separate expungement processes in juvenile court, depending on how your case was resolved:

  • Expungement of Adjudication Records
  • Expungement of Nonjudicial Adjustments

Make sure you use the correct process and forms on this page.

If you appeared before a judge

Use the process and forms described in the Expungement of Adjudication Records section.

"Adjudication" means you appeared before a judge and received consequences for the charged behavior. If your record contains an adjudication, even if just one, you must follow the adjudication process.

If you never appeared before a judge, but completed a contract with the probation office

Use the process and forms described in the Expungement of Nonjudicial Adjustments section.

Asking to Expunge Adjudication Records

A person may ask the court to expunge their juvenile record, including any related records in the custody of a state or local government agency, if the person is at least 18 and one year has passed from the date of:

  • termination of juvenile court jurisdiction; or
  • the person's unconditional release from the custody of the Division of Juvenile Justice Services.

The court may waive the above requirements if the court finds that waiver is appropriate.

The court cannot expunge the petitioner's juvenile record if

  • the record contains an adjudication for murder or aggravated murder; or
  • in the five years preceding the day on which the petition is filed the petitioner has been convicted of violent felony as defined in Utah Code § 76-3-203.5;
  • there are delinquency or criminal proceedings pending against the petitioner, or
  • restitution has not been paid.

A petitioner who has been convicted as an adult may have their juvenile records expunged after expunging their adult criminal records.

Criminal History Report

Before filing a Petition to Expunge Records, the petitioner must first obtain their adult Criminal History Report from the Bureau of Criminal Identification (BCI - publicsafety.utah.gov) of the Utah Department of Public Safety. The petitioner requests the report from 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.

Petition to Expunge Juvenile Court Records

Fill out the coversheet and petition forms.

Juvenile Court Petition Cover Sheet

Under Private Petition, check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."

The amount listed is the filing fee. If you cannot afford to pay the filing fee, you can ask the court to consider waiving that fee. See the Fees and Fee Waiver web page for more information and forms.

Petition to Expunge Juvenile Court Records

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."

You must identify any agencies known or thought to have records related to the offense for which expungement is being sought.

You must attach to the petition their original Criminal History Report from the Bureau of Criminal Identification (adjudication expungement only).

Serving the Petition

The petitioner must send the petition to the office of the prosecutor who handled the original juvenile court case.

Hearing

The court schedules a hearing and notifies the petitioner, the county attorney or district attorney, the juvenile court's probation department, and the government agencies named by the petitioner as having custody of related records. The court will also notify the victim if the victim has requested notice. The notice to the victim includes a copy of the petition and the statutes and rules that apply. At the hearing, the petitioner, the prosecutor, the victim, and any other person who has relevant information may testify. If a person's juvenile court record consists only of non-judicial adjustments, the court may expunge the records without a hearing.

Order to Expunge Records

If the court finds:

  • the petitioner is 18 or older;
  • the petition is not for the expungement of a conviction for murder or aggravated murder;
  • it has been at least one year since termination of the court's jurisdiction (or one year since the person's unconditional release from the custody of the Division of Juvenile Justice Services);
  • the petitioner has not, in the 5 years prior to the petition being filed, been convicted of a violent felony as defined in Section 76-3-203.5,
  • there are no delinquency or criminal proceedings against the petitioner;
  • a judgment for restitution entered by the court on the conviction for which the expungement is sought has been paid;
  • the petitioner has been rehabilitated, taking into consideration the petitioner's response to programs and treatment, the petitioner's behavior after adjudication, and the nature and seriousness of the conduct.

then the court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity in Utah.

Asking to Expunge Nonjudicial Adjustment Records

A person may ask the court to expunge their record solely consisting of nonjudicial adjustment(s), including any related records in the custody of a state or local government agency, if the person is at least 18 and one year has passed from the date of:

  • The person is at least 18 years of age; and
  • Has completed the conditions of each nonjudicial adjustment.

A criminal history report is not required if your record consists solely of a nonjudicial adjustment(s).

Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments)

Fill out the coversheet and petition forms.

Juvenile Court Petition Cover Sheet

Under Private Petition, check the box for "Petition for Expungement." Do not fill out the sections for "Child 1" and "Child 2."

The amount listed is the filing fee. If you cannot afford to pay the filing fee, you can ask the court to consider waiving that fee. See the Fees and Fee Waiver web page for more information and forms.

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."

You must identify any agencies known or thought to have records related to the offense for which expungement is being sought.

Order to Expunge Juvenile Court Records

If the court finds the petitioner:

  • is 18 or older; and
  • has completed the conditions of each nonjudicial adjustment.

then the court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity.

Once the expungement order has been entered, the petitioner's juvenile court proceedings are considered never to have occurred, and the petitioner may respond to an inquiry as though that incident did not occur.

Certified Copies of the Order

If an agency does not receive the expungement order, they are not required to seal their records.

You must deliver the order to any agencies with relevant records. You should get as many certified copies of the order as there are agencies with records. You should get the certified copies as soon as the order is entered and before the case is sealed. You can get copies of the order after the case is sealed only by a petition to unseal the record

You can pick up certified copies of the expungement order at the courthouse or have them mailed. To have certified copies mailed, send a request for a specific number of copies to the clerk of the court and include a 9" x 12" self-addressed envelope with sufficient return postage. (Note that large envelopes and multiple copies require additional postage.)

The court cannot charge for copies of the order.

Once the expungement order has been entered, the your juvenile court proceedings are considered never to have occurred, and you can respond to an inquiry as though that incident did not occur.

Sealing Records

Expunged records are not necessarily destroyed. Expunged court records are placed in an envelope which is securely sealed. The clerk records the case number and record classification on the envelope and inscribes across the sealed part of the envelope the words "Not to be opened except upon permission of the court." The court record might eventually be destroyed in accordance with the court's Record Retention Schedule. An agency receiving the expungement order must seal or otherwise restrict public access to the relevant records in its possession or expunge all references to the petitioner's name in the records. The court cannot control destruction of agency records.

The court in which the order is entered will automatically seal all related court records. If anyone inquires about the expunged record, the clerk will respond as though the incident did not occur. To have the records of a government agency sealed, the petitioner must deliver a certified copy of the expungement order on the agency. These might include:

  • the arresting agency
  • prosecutor's office
  • Division of Juvenile Justice Services
  • Division of Child and Family Services, including their Management Information System and Licensing Information System;
  • schools; or
  • Driver License Division.

An agency served with an order to seal must verify to the petitioner that they have sealed it.

There may be other agencies with records. If an agency does not receive the expungement order, they are not required to seal their records. If requested, the clerk will provide addresses for agencies within the jurisdiction of the court. For other agencies, the petitioner must find the correct address. Some agencies that might have records are listed in the next section.

If you traveled across state lines or had supervision in another state while under Utah court jurisdiction, on probation, or while in JJS custody or DCFS custody, you likely have a record with the Juvenile Interstate Data System. In addition, if you ran away from the State of Utah and were placed in another State's detention/holding facility, you likely have a record with the Juvenile Interstate Data System. If the Judge grants your request for expungement you may submit a copy of the order to the Utah Interstate Compact Office. (Contact the office by calling 801-578-3857 or email icjutah@utcourts.gov.) The Utah Interstate Compact Office will delete the records that are under their control. If you had interactions with other States, you will have to contact those States directly to ask about expungement of your records.

A government agency or official who has received an expungement order will respond to an inquiry as though that incident did not occur. A government agency or official who has received an expungement order may not divulge information identifying the petitioner.

Agency Contact Information

To have the records of any other agency sealed, the petitioner must deliver a certified copy of the expungement order on the agency. The following links are to webpages that list some agencies which may have records.

Continued use of Sealed Records

After the records have been sealed, they may be inspected only with a court order. Only the petitioner may petition the court to permit the records to be inspected.

Forms

Asking to Expunge Juvenile Court Adjudication Records

Asking to Expunge Juvenile Court Nonjudicial Adjustment Records

  • Juvenile Court Petition Cover Sheet - PDF
  • Petition to Expunge Juvenile Court Records (Nonjudicial Adjustments) - PDF | Word
  • Proof of Service

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: 6/10/2020
Return to Top

Facebook YouTube Twitter RSS Feeds


Close ×