Expungements

You can ask to expunge some, but not all, criminal records. Your case must be closed in its entirety before applying for an expungement. 

Before filing a Petition to Expunge Records, the petitioner must obtain a Certificate of Eligibility issued by the Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety. The petitioner applies to BCI for the certificate. There is a fee to apply for the certificate. It can take a substantial amount of time for BCI to issue the certificate.

BCI performs a records check to determine whether a petitioner is eligible to expunge criminal records. The records check may include records that have been previously expunged. If the petitioner meets all the criteria for eligibility, BCI will issue a certificate of eligibility to the petitioner. The petitioner should file the Petition to Expunge immediately after receiving the Certificate of Eligibility because the certificate is valid for only 90 days from the date it is issued. If BCI cannot obtain a disposition for an arrest, BCI may issue a special certificate giving a determination of eligibility to the court.

There is a fee to apply for the certificate and a separate fee to issue the certificate. The application fee must be paid at the time the petitioner submits the application, and the issuance fee must be paid before BCI will issue the certificate. There is an application fee, but not an issuance fee, for a petitioner who was not convicted of the crime, unless the charges were dismissed under a plea in abeyance agreement or a diversion agreement.

For more information, visit the Utah Courts website HERE.