How to Expunge a Record in Utah (Part 1: Eligibility).

EXPUNGEMENTS ARE EASY. Here are the steps and websites you will need to expunge your record, misdemeanor or infraction, in Utah. 

First, the basics:

What is an Expungement? Expungement does not change history.  Expunging records seals them (usually of any arrest, investigation, detention and/or conviction). Sealing the records make them unavailable to the public. 

So by expunging your criminal record, you make it unavailable to the public. Any background check by an employer, school, or private company will not show your record. (Pretty cool right!?) 

Justin Bieber obviously needs an expungement.

What can be Expunged?

Two types of records can be expunged: a non-conviction record, and a conviction record. (Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest)).

       Non-Conviction:  In Utah Code, Section 77-40-104, you can expunge records of arrest,   investigation, and detention for a crime when there is no conviction, IF:

• 30 days have passed since the arrest;
• there are no criminal cases pending; and
• one of the following occurred:
• no charges were filed;
• charges were filed, but the case was dismissed with prejudice;
• charges were filed, but the person was acquitted at trial; or
• the statute of limitations has expired. 

               (More Information HERE)

     Conviction:  Conviction records can be expunged unless the conviction is for: 

• a capital felony, first degree felony or violent felony;
• automobile homicide;
• felony driving under the influence; or
• a registerable sex offense;

         Also, a person cannot expunge records of any conviction if:

• the petitioner has been convicted in separate criminal episodes of:
• two or more felonies;
• three or more crimes of which two are class A misdemeanors;
• four or more crimes of which three are class B misdemeanors; or
• five or more crimes of any degree other than infractions and the traffic offenses identified in Section 77-40-102.

          Lastly, for convictions, a person cannot expunge a record unless the statutory time has passed since the latest of the conviction, release from incarceration, or probation. 

Here is a chart found on Utah State Courts website showing the amount of time that must pass before you can expunge a record:

Offense	Time from date petitioner was convicted or released from incarceration, probation or parole, whichever occurred last
Misdemeanor conviction of Subsection 41-6a-501(2) Felony conviction of Subsection 58-37-8(2)(g)	10 years
Felony	7 years
Class A Misdemeanor	5 years
Class B Misdemeanor	4 years
Other Misdemeanor or Infraction	3 years

Applying for Eligibility:

Once you determine for yourself that you might be eligible, you must obtain a Certificate of Eligibility (publicsafety.utah.gov) issued by the Bureau of Criminal Identification (BCI - publicsafety.utah.gov) of the Utah Department of Public Safety. 

Here is the form to fill out and send into the BCI. The application fee is $50.00 and requires fingerprinting.

Once BCI performs a records check and determines that you are eligible to expunge criminal records, the certificate is valid for only 90 days from the date issued. 

Next Steps: Filing the proper forms