To obtain expungement in the state of Utah a certification of eligibility must first be acquired. Obtaining this certification is through the Utah Bureau of Criminal Investigation and can take anywhere from four to six weeks. Forms can be filed through the Criminal History Record Review for expungement petitioning. A filing fee is required to file.
Those to be Served
A petition must be served to the prosecuting attorney and the Department of Corrections. It is the duty of the petitioner to service all the necessary agencies. These include the court, the arresting agency, the booking agency, the Division of Public Safety, and those already specified. An expungement may not be granted until thirty days following petition servicing unless otherwise stipulated. These thirty days allows the prosecuting attorney to filed written objection and allows the court's ordering of an evaluation, when necessary. If an objection occurs, a hearing will be set and the prosecuting attorney will be notified along with the petitioner. A court date will then be set.
At times a written evaluation will be ordered from the court to be submitted by the Department of Corrections. If the evaluation has been correctly filed, about fifteen days later a court hearing date will be set and all those involved notified. If the court finds an individual eligible without objections, an expungement will be granted and a certificate issued. The court will then decided which portions of the case should be expunged, which should remain in the possession of the court, or if the record should be eliminated completely.
Juvenile records may be expunged if a year's time has passed since the termination of fines and jurisdiction, all fees and restitution have been paid, a year has passed since the release from Youth Corrections, an individual is over the age of eighteen, and the individual does not have an adult criminal record. Petitions will not be granted to those who do not meet these requirements.
Utah Expungement Eligibility
Those eligible for expungement must allow at least thirty days to pass since the arresting date; must not have had any intervening arrests; must be released without formal charges filed; or must have had the proceedings dismissed, have been discharged without conviction without charges within those thirty days, or have been acquitted of all charges.
Individuals are eligible for expungement if no more than two Class A or Class B Misdemeanors or one felony was filed; there has been a release from incarceration, parole, or probation for the stipulated portion of time; or all fines and restitution ordered has been satisfied.
Expungement is never possible for Capital felonies, Felony 1, Felony 2, or any sexual offense against a minor. However it is possible for second and third degree felonies after seven years, for alcohol related traffic offenses after ten years, for multiple Class B Misdemeanors after twelve years, for multiple Class C Misdemeanors after six years, and for all other misdemeanors and infractions after three years. Arrests without the filing of charges, proceedings that have been dismissed, and acquittals are eligible after thirty days. See also:
Utah Misdemeanor Classifications External link (opens in new window)
Utah Felony Laws External link (opens in new window)
Utah Gun Laws External link (opens in new window)