Utah Expungement Law

Expungement of Criminal Records – General – Utah

1.  What is an expungement?

The omission, sealing, deletion, or obliteration of records. Thereafter, the person may legally deny the existence of the records, except for where required by law in certain circumstances.

2.  Do the records just disappear?

No. Under § 77-18-15, the Criminal Investigations and Technical Services Division shall keep, index, and maintain all expunged records of arrests and convictions. Expunged records may be used in later sentencing, firearms applications, state occupational and professional licensing or permit applications, and by the parole and pardons board, peace officer employment, educational boards

3.  Who is eligible to get records expunged?

For expungement of adult records:

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 refiled 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 are correct.

* 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 a 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 received a certificate of Eligibility for Expungment from the Utah State Bureau of Criminal Identification.  Some factors which may contribute to a 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.
* Court records indicate that the case is still open.
* Disposition information is missing.

(a)  the conviction for which expungement is sought is:

(i)  a capital felony;

  (ii)  a first degree felony;

  (iii)  a second degree forcible felony;

  (iv)  automobile homicide;

  (v)  a felony violation of Section 41-6a-502;

  (vi)  a conviction involving a sexual act against a minor;

  (vii) any registerable sex offense as defined in
Subsection 77-27-21.5(1)(n); or

  (viii) an attempt, solicitation, or conspiracy to commit any offense
listed in Subsection 77-27-21.5(1)(n);

  (b) the petitioner’s record includes two or more convictions for any type
of offense that would be a felony under Utah law and that do not arise out
of a single criminal episode, regardless of the jurisdiction in which the
convictions occurred, unless the petitioner has received a pardon from the
Board of Pardons and Parole for either or both of the convictions;

  (c) the petitioner has previously obtained expungement in any
jurisdiction of a crime which would be a felony under Utah law;

  (d) the petitioner has previously obtained expungement in any
jurisdiction of two or more convictions which would be misdemeanors under
Utah law unless the convictions would be class B or class C misdemeanors
under Utah law and 15 years have passed since these misdemeanor
convictions;

  (e) the petitioner was convicted in any jurisdiction, subsequent to the
conviction for which expungement is sought and within the time periods
provided in Subsection (2), of a crime that would be a felony, misdemeanor,
or infraction under Utah law;

  (f) the petitioner has a combination of three or more convictions not
arising out of a single criminal episode, including any conviction for an
offense which would be a class B or class A misdemeanor or a felony under
Utah law, and including any misdemeanor and felony convictions previously
expunged, regardless of the jurisdiction in which the conviction or
expungement occurred, unless the petitioner has received a pardon from the
Board of Pardons and Parole for one or more of the convictions;

  (g) a proceeding involving a crime is pending or being instituted in any
jurisdiction against the petitioner; or

  (h) the petitioner has not paid the full amount of court ordered
restitution pursuant to Section 77-38a-302, or by the Board of Pardons and
Parole pursuant to Section 77-27-6 on the conviction for which the person
is seeking an expungement.

4.  Who Can Get a Juvenile Record Expungement?

78A-6-1105. Expungement of juvenile court record — Petition — Procedure.

  (1)(a) A person who has been adjudicated under this chapter may petition
the court for the expungement of the person’s juvenile court record and any
related records in the custody of a state agency, if:

  (i)  the person has reached 18 years of age; and

  (ii) one year has elapsed from the date of termination of the continuing
jurisdiction of the juvenile court or, if the person was committed to a
secure youth corrections facility, one year from the date of the person’s
unconditional release from the custody of the Division of Juvenile Justice
Services.

  (b) The court may waive the requirements in Subsection (1)(a), if the
court finds, and states on the record, the reason why the waiver is
appropriate.

  (c) The petitioner shall include in the petition any agencies known or
alleged to have any documents related to the offense for which expungement
is being sought.

  (d) The petitioner shall include with the petition the original criminal
history report obtained from the Bureau of Criminal Identification in
accordance with the provisions of Subsection 53-10-108(8).

  (e) The petitioner shall send a copy of the petition to the county
attorney or, if within a prosecution district, the district attorney.

  (f) (i)  Upon the filing of a petition, the court shall:

  (A)  set a date for a hearing;

  (B) notify the county attorney or district attorney, and the agency with
custody of the records at least 30 days prior to the hearing of the
pendency of the petition; and

  (C) notify the county attorney or district attorney, and the agency with
records the petitioner is asking the court to expunge of the date of the
hearing.

  (ii) The court shall provide a victim with the opportunity to request
notice of a petition for expungement. A victim shall receive notice of a
petition for expungement at least 30 days prior to the hearing if, prior to
the entry of an expungement order, the victim or, in the case of a child or
a person who is incapacitated or deceased, the victim’s next of kin or
authorized representative, submits a written and signed request for notice
to the court in the judicial district in which the crime occurred or
judgment was entered. The notice shall include a copy of the petition and
statutes and rules applicable to the petition.

  (2)(a) At the hearing, the county attorney or district attorney, a
victim, and any other person who may have relevant information about the
petitioner may testify.

  (b) In deciding whether to grant a petition for expungement, the court
shall consider whether the rehabilitation of the petitioner has been
attained to the satisfaction of the court, taking into consideration the
petitioner’s response to programs and treatment, the petitioner’s behavior
subsequent to adjudication, and the nature and seriousness of the conduct.

  (c) The court may order sealed all petitioner’s records under the control
of the juvenile court and any of petitioner’s records under the control of
any other agency or official pertaining to the petitioner’s adjudicated
juvenile court cases, including relevant related records contained in the
Management Information System created by Section 62A-4a-1003 and the
Licensing Information System created by Section 62A-4a-1005, if the court
finds that:

  (i) the petitioner has not, since the termination of the court’s
jurisdiction or his unconditional release from the Division of Juvenile
Justice Services, been convicted of a:

  (A)  felony; or

  (B)  misdemeanor involving moral turpitude;

  (ii) no proceeding involving a felony or misdemeanor is pending or being
instituted against the petitioner; and

  (iii) a judgment for restitution entered by the court on the conviction
for which the expungement is sought has been satisfied.

  (3) The petitioner shall be responsible for service of the order of
expungement to all affected state, county, and local entities, agencies,
and officials. To avoid destruction or sealing of the records in whole or
in part, the agency or entity receiving the expungement order shall only
expunge all references to the petitioner’s name in the records pertaining
to the petitioner’s adjudicated juvenile court cases.

  (4) Upon the entry of the order, the proceedings in the petitioner’s case
shall be considered never to have occurred and the petitioner may properly
reply accordingly upon any inquiry in the matter. Inspection of the records
may thereafter only be permitted by the court upon petition by the person
who is the subject of the records, and only to persons named in the
petition.

  (5) The court may not expunge a juvenile court record if the record
contains an adjudication of:

  (a)  Section 76-5-202, aggravated murder; or

  (b)  Section 76-5-203, murder.

  (6)(a) A person whose juvenile court record consists solely of
nonjudicial adjustments as provided in Section 78A-6-602 may petition the
court for expungement of the person’s record if the person:

  (i)  has reached 18 years of age; and

  (ii) has completed the conditions of the nonjudicial adjustments.

  (b) The court shall, without a hearing, order sealed all petitioner’s
records under the control of the juvenile court and any of petitioner’s
records under the control of any other agency or official pertaining to the
petitioner’s nonjudicial adjustments.

5.  When is Expungement Allowed?

A conviction may not be included for purposes of Subsection (1)(e),
and a conviction may not be considered for expungement until, after the
petitioner’s release from incarceration, parole, or probation, whichever
occurs last and all fines ordered by the court have been satisfied, at
least the following period of time has elapsed:

  (a)  seven years in the case of a felony;

  (b)  ten years in the case of:

  (i) a misdemeanor conviction or the equivalent of a misdemeanor
conviction as defined in Subsection 41-6a-501(2); or

  (ii)  a felony violation of Subsection 58-37-8(2)(g);

  (c)  five years in the case of a class A misdemeanor;

  (d) three years in the case of any other misdemeanor or infraction under
Title 76, Utah Criminal Code;

  (e)  six years in the case of multiple class C misdemeanors;

  (f) 12 years in the case of multiple class B misdemeanors; or

  (g)  15 years in the case of multiple class A misdemeanors.

  (3) A petitioner who would not be eligible to receive a certificate of
eligibility under Subsection (1)(d) or (f) may receive a certificate of
eligibility for one additional expungement if at least 15 years have
elapsed since the last of:

  (a) release from incarceration, parole, or probation relating to the most
recent conviction; and

  (b) any other conviction which would have prevented issuance of a
certificate of eligibility under Subsection (1)(e).

Expungement is possible for the following items and events:

* Arrest
* Investigation
* Detention records which did not result in conviction
* Criminal convictions under prescribed restrictions

6.  What records may be expunged?

For persons arrested and not convicted, expungement may be sought for any and all records of arrest, investigation, and detention under § 77-18-10. For persons convicted of an offense, they make seek expungement of the record of conviction under § 77-18-11. Under § 77-18-14, In order to avoid destruction or sealing of the records in whole or in part, any state, county, or local entity, agency, or official receiving an expungement order shall only expunge all references to the petitioner’s name.  The petitioner, based on good cause, may petition the court to expunge the records in whole or in part.

7.  How do I get records expunged?

How To: Get an Expungement in District Court

1) Completion of the Petition: You must first obtain a certificate of eligibility from the BCI. You must then fill out a Petition and Order of Expungement for the Court, and you must complete the petition and the order before proceeding to step 2.
2) Serving the Petition: The petition must be served on the prosecuting attorney, and the Department of Corrections. Unless there is a stipulation to the expungement, the petition for expungement may not be granted until 30 days after service of the petition on those parties. This allows the prosecuting attorney or the victim, time to file a written objection to the petition, and the court time to order an evaluation if necessary. If an objection is filed, the court shall set a hearing and notify the prosecuting attorney, petitioner and victim of the hearing date.
3) Written Evaluation: The court may, at its discretion, order the Department of Corrections to prepare a written evaluation regarding the petition. This will include recommendations regarding the petition. If the petitioner files a written objection to the conclusions and recommendation in the evaluation a hearing shall be set within 15 days after receipt of the evaluation and the court must notify the parties listed above.
4) Hearing: The court may hold a hearing at its discretion. Absent any objections to the Petition the judge may decide the petition based on written documentation.
5) Findings of the Court: If the court finds that you are eligible and no objections have been received, the court will grant expungement and issue a certificate to you. This certificate will state that the petition and certificate of eligibility are sufficient and the statutory requirements have been satisfied. Upon approval of a petition for expungement, the court shall enter an order to expunge all or a portion of the records in the relevant case 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 expungement is to be completed 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

The addresses for local agencies will be provided by the clerk. For arresting agencies other than the local agencies you must note that agency. The clerk will provide an extra copy of expungement, but the Petitioner must find a correct address of the agency.

*Responsibilities of the Division:
The Division is responsible to forward a copy of the expungement order to the Federal Bureau of Investigation (FBI).

How To: Get an Expungement in Juvenile Court

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

1. One year has elapsed from the time that the Juvenile Court terminated jurisdiction and all fines, fees and restitution have been paid or one year has elapsed from the time Youth Corrections released the individual from a secure facility.
2. The individual is 18 years of age or older.
3. The individual does not have an adult criminal record.

NOTE: If the petitioner does not meet the eligibility requirements, they should be advised that the petition may not be granted. If they wish to proceed with the filing of a petition, they should be allowed to do so.

To Get a Juvenile Record Expunged, you are required to:

1. Complete a Petition for Expungement of Record. Specify if the petition for expungement is to expunge the record in whole or in part. Expunging the record in whole means to have the entire record in the Juvenile Court sealed. A sealed record can only be opened by petitioning the court. Expunging the record in part means to expunge all references to that petitioner’s name in the records pertaining to the adjudicated juvenile court cases.
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 at the time the application for the Petition of Expungement is made. (The fee is non-refundable).
4. Notify all agencies with custody of the records of the pendency of the petition and of the date of the hearing.
5. If the Court finds that the petition for expungement is granted, the petitioner shall be 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.


Inside Utah Expungement Law