If you are seeking a Utah
expungement please review the expungement overview below.
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Requirement(s) to qualify for an expungement in the state:
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.
i. You have no more than one felony or two class A or B misdemeanor convictions
ii. You have been released from incarceration, parole, or probation for a specified amount of time.
iii. You have satisfied all fines and restitution ordered as part of the sentence.
To get an expungment, you must seek and receive a certificate of Eligibility for Expungment from the Utah State Bureau of Criminal Identification
For Expungement of a Juvenile Record
You are eligible for an expungement if:
- One year has elapsed from the time that the Juvenile Court terminated jurisdiction. All fines, fees and restitution have been paid and one year has elapsed from the time that Youth Corrections released you from a secure facility.
- You do not have an adult criminal record.
Additional restrictions on who can qualify for an expungement
To be eligible to obtain an expungement in Juvenile Court the petitioner must meet the following requirements:
- 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.
- The individual is 18 years of age or older.
- The individual does not have an adult criminal record.
Does the law provide for sealing? What are the requirements?
Expungement/sealing is allowed:
Capital felony; Felony 1; or Forcible Felony 2; any violation of a sexual offense against a minor-Never
2nd and 3rd Degree Felonies-7 years
Alcohol related traffic offenses (Title 41)-6 years
Class A Misdemeanors-5 years
All other Misdemeanors & Infractions-3 years
Arrests without filing of charges-30 days
Proceedings Commenced & Dismissed-30 days
Expungement is possible for the following items and events:
- Detention records which did not result in conviction
- Criminal convictions under prescribed restrictions
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
The omission, sealing, deletion, or obliteration of records in an expungement. Thereafter, the person may legally deny the existence of the records, except for where required by law in certain circumstances.
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
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.
When a minor's juvenile record is expunged, all photographs and other records as ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint records may not be destroyed.
Are you eligible for a Utah Expungement?
Most crimes can be expunged. For a description of the
crimes that cannot be expunged, click
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Utah soon.