Petition for Expungement in Utah
In order to obtain expungement in Utah, a certification of eligibility must first be obtained. This certification is obtained through the Utah Bureau of Criminal Investigation and can take four to six weeks to complete. Forms for expungement petitioning can be obtained from the Criminal History Record Review. To file, you must pay a filing fee.
Those Who Will Be Served
The prosecuting attorney and the Department of Corrections must be served with the petition. It is the petitioner’s responsibility to serve all necessary agencies. The court, the arresting agency, the booking agency, the Division of Public Safety, and those already mentioned are among them. Unless otherwise specified, an expungement may not be granted until thirty days after petition service. These thirty days allow the prosecuting attorney to file a written objection and, if necessary, the court to order an evaluation. If an objection is raised, a hearing will be scheduled, and the prosecuting attorney, as well as the petitioner, will be notified. After that, a court date will be set.
Hearing in Court
The Department of Corrections may be ordered by the court to submit a written evaluation. If the evaluation was properly filed, a court hearing date will be set and all parties involved will be notified about fifteen days later. If the court finds an individual eligible without objections, an expungement and a certificate will be issued. The court will then decide which parts of the case should be expunged, which should remain in the court’s possession, and whether the record should be completely erased.
Records for Children
If a year has passed since the termination of fines and jurisdiction, all fees and restitution have been paid, a year has passed since the release from Youth Corrections, the individual is over the age of eighteen, and the individual does not have an adult criminal record, the juvenile record may be expunged. Petitioners who do not meet these requirements will be denied.
Eligibility for Utah Expungement
Those eligible for expungement must have allowed at least thirty days since the arresting date, have had no intervening arrests, have been released without formal charges filed, or have had the proceedings dismissed, discharged without conviction without charges within those thirty days, or have been acquitted of all charges.
Individuals are eligible for expungement if they have not been convicted of more than two Class A or Class B misdemeanors or one felony, have been released from incarceration, parole, or probation for the required period of time, or have paid all fines and restitution.
Capital felonies, Felony 1, Felony 2, or any sexual offense against a minor are never expungable. However, it is possible after seven years for second and third degree felonies, ten years for alcohol-related traffic offenses, twelve years for multiple Class B misdemeanors, six years for multiple Class C misdemeanors, and three years for all other misdemeanors and infractions. After thirty days, arrests without charges, proceedings that have been dismissed, and acquittals are eligible.