Expunging or Sealing a Felony in Utah

Most felonies can be expunged by petition 7 years after the case ended or supervision ended, whichever is later. Felony drug possession has a 5-year wait, and a felony conviction under Utah Code § 58-37-8(2)(g) has a 10-year wait. The following cannot be expunged: capital and first-degree felonies, "violent felonies" as defined in Utah Code § 76-3-203.5, felony DUI, registrable sex offenses, and registrable child-abuse offenses. Also ineligible are people with two or more felonies (other than drug possession), three or more felony drug-possession convictions, or other high conviction counts. The Courts suggest that people who are ineligible may try a motion to reduce the conviction or a pardon, and then seek expungement.

For most petitions: (1) Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, which can take months and is valid for 180 days. (2) File a Petition to Expunge Records and a proposed Order, with the original certificate, in the court that decided the case. If no case was filed, use the district where the arrest happened. (3) The court sends the petition to the prosecutor. The prosecutor may consent and waive a hearing, or object within 35 days, and a victim may object within 60 days. The court waits at least 60 days and may hold a hearing, where the petitioner must show by clear and convincing evidence that the requirements are met and that expungement is not contrary to the public interest. (4) Get certified copies of the order within 28 days if needed. Traffic and qualifying medical-cannabis possession petitions do not need a BCI certificate.

Once a case is expunged, no one can see the records without court permission, the person can say the arrest or conviction never happened, and government offices will say the same. BCI keeps the details and will not release them to the public without a court order. Some agencies can still see expunged records, including the Board of Pardons and Parole, Peace Officer Standards and Training, federal authorities (unless federal law prohibits it), the Division of Occupational and Professional Licensing, and the State Office of Education. Expunged records may be opened for sentencing if the person is later charged with a felony. BCI may use them to decide concealed firearm permit applications. Expungement covers only government records, not news stories.