A criminal record can present persistent challenges in various aspects of life, including employment, housing, and educational opportunities. In the state of Utah, the law provides a formal mechanism for relief from these burdens through the process of expungement.
Expungement is a legal procedure that results in the sealing and restriction of public access to an individual’s adult criminal records, including arrests and convictions. When a record is expunged, an individual is legally permitted to state (with specific exceptions) that the related event did not occur. This guide details the eligibility criteria, required waiting periods, and the official, petition-based steps necessary to clear a criminal record in Utah.
Step 1: Determine Your Eligibility
Not all records are eligible for expungement. Before starting the process, you must confirm that you meet the statutory requirements.
General Requirements (For All Cases)
- Case is Finished: The case must be fully adjudicated (all charges either convicted or dismissed, nothing left pending).
- Fines & Restitution Paid: All court fines, fees, restitution, and interest must be paid in full.
- Completed Sentence: You must not be currently incarcerated, on probation, or on parole.
- No Disqualifying Offenses: Certain serious or violent offenses (including capital felonies, first-degree felonies, and registrable sex offenses) are never eligible for expungement.
Waiting Periods for Convictions
The required waiting period begins after the date of conviction, release from incarceration/parole, or termination of probation, whichever is later.
|
Offense Classification |
Required Waiting Period (Since Case Closure) |
|
Infraction or Class C Misdemeanor |
3 years |
|
Class B Misdemeanor |
4 years |
|
Class A Misdemeanor |
5 years |
|
Felony |
7 years |
|
DUI/Automobile Homicide |
10 years |
Clean Slate (Automatic Expungement)
Utah’s Clean Slate law now automatically expunges certain low-level, non-violent offenses (like qualifying Class B and C misdemeanors and infractions) after a set waiting period, without you having to file a petition or pay a fee.
- If you qualify for Clean Slate, you do not need to follow the steps below.
- If your case is more serious, not yet processed, or does not qualify, you must proceed with the traditional petition-based process.
Step 2: Obtain a Certificate of Eligibility (COE)
For most petition-based expungements, your first official step is to apply to the Utah Bureau of Criminal Identification (BCI).
- Complete the BCI Application: Fill out the Application for Expungement of Adult Criminal History.
- Fingerprints: You are required to submit a set of ink fingerprints.
- Pay the Fee: As of the current date, there is a non-refundable application fee (currently $65), plus additional fees for each case that qualifies for a COE.
- Wait for BCI Review: The BCI will conduct a thorough background check across all states to ensure you meet all statutory requirements. This process can take several months.
If approved, BCI will issue a Certificate of Eligibility for each case that qualifies, which must be purchased from BCI. This certificate is valid for 180 days and must be filed with the court before it expires.
Step 3: File a Petition with the Court
Once you have your COE(s), you must file a petition in the court where your case was handled.
- Gather Forms: Obtain the correct Petition to Expunge Records packet from the Utah State Courts website, which will correspond to your case type (e.g., conviction, dismissal, traffic).
- File Documents: File the following documents with the court clerk:
- The completed Petition to Expunge Records.
- The Certificate of Eligibility from the BCI.
- The proposed Order on Petition to Expunge Records (do not sign this—the judge will sign it).
- Pay Court Filing Fee: There is a separate court filing fee (currently around $135). If you cannot afford the fee, you may apply for a fee waiver (indigency).
The Court Review Process
- The court is responsible for serving a copy of your petition to the prosecuting attorney.
- The prosecutor has a set time (typically 35 days) to file an objection.
- Victims are also notified and have the opportunity to respond.
- If no objection is filed, the judge will typically review the petition and sign the Expungement Order without a hearing.
- If an objection is filed, the court will usually schedule a hearing where you will need to present evidence and argue why expungement is in the public interest.
Step 4: The Expungement Order and Final Sealing
If the judge signs the Order of Expungement, the process is complete.
- The court will distribute the order to all relevant government agencies (police, BCI, etc.), directing them to seal or restrict access to your records.
- It is always a good practice to obtain a certified copy of the Order for your personal records, just in case an expunged record appears on a background check in the future.
The Benefits of a Clear Record
The effort and time invested in the expungement process can lead to significant advantages:
- Improved Employment Opportunities: The single biggest benefit is the ability to pass standard background checks and legally answer “No” when asked about a criminal conviction on most job applications.
- Better Housing Access: Landlords and property managers often run background checks, and an expunged record removes a major obstacle to securing stable housing.
- Educational Opportunities: A clear record can remove barriers to academic programs and certain professional certifications.
- Personal Freedom: An expungement can restore certain civil rights and provide the assurance that you have attained a fresh start under Utah law.
Ready to Start Your Clean Slate?
The expungement process involves specific legal deadlines, complex documentation, and interaction with both the BCI and the courts. Attempting to navigate these requirements without professional guidance can lead to unnecessary delays or, worse, the denial of your petition.
If you are ready to take the critical step toward clearing your record, don’t go through the process alone. Morrise Thompson Foresta is experienced in Utah’s expungement statutes and can provide the skilled representation needed to successfully petition the court on your behalf. Contact Morrise Thompson Foresta today for a confidential consultation and start the process toward a clean record.
Disclaimer: This blog post provides general information and is not legal advice. Expungement laws are complex and frequently change. The fees and timelines mentioned are subject to change. For a clear assessment of your eligibility and to navigate the legal process, you should consult with a qualified Utah criminal defense attorney.