How to File for Expungement in Utah

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.

BCI charges a fee to apply for a Certificate of Eligibility and may charge another fee to issue it. The court charges a filing fee for the petition, listed on the cover sheet. A person who cannot afford the court fee can ask for a fee waiver. Automatic expungement has no fee.

Cases ending in acquittal on all charges, or dismissed with prejudice (other than through a plea in abeyance), are expunged automatically. This happens within about 60 days of an acquittal or 180 days of a dismissal. A person may also petition. If no charges were filed, they can petition once at least 30 days have passed since the arrest and the prosecutor has decided not to charge. If the case was dismissed with prejudice, they can petition after 30 days from the arrest. If the case was dismissed without prejudice, they can petition after 30 days from the arrest, once the prosecutor consents in writing or 180 days have passed since the dismissal.

The Utah Department of Public Safety's Bureau of Criminal Identification (BCI) lets you get a copy of your own Utah criminal history in person at its Taylorsville office (8 a.m.-5 p.m. weekdays) or by mailing the Criminal History Record Application with the fee. The fee is $20 (cash, personal check, VISA or MasterCard, money order or cashier's check). A valid government-issued photo ID must accompany the request; Utah Driving Privilege Cards are not accepted. You may obtain only your own record. BCI: 801-965-4445.