Your case might be eligible for expungement. Read about Asking for expungement by filing a petition
Expunging Eviction Records
Generally, a record of a lawsuit is a permanent public record. This means it never goes away. However, records of some eviction cases can be expunged. Expunged records are sealed and the case is considered to never have happened. Read below to see if you can expunge your case. If you received a petition to expunge and want to oppose it, see our section on Opposing a Petition to Expunge Eviction.
Do you need to access your expunged records?
Visit our page on Accessing Expunged Records for more information.
Utah Code, Title 78B, Chapter 6, Part 8a.
Can I expunge my eviction case?
Not every eviction case can be expunged. If your case is not finished, it can't be expunged. Answer the questions below to find out if your case can be expunged.
When was your case filed with the court?
What was your case about?
Was there a judgment against you that required you to pay money to the plaintiff (landlord)?
Have you paid off the judgment and was there a Satisfaction of Judgment filed with the court?
If you paid off the debt, you can ask the court to enter a Satisfaction of Judgment
If you haven't paid of the debt, but can do so, you can pay the debt and then ask the court to enter a Satisfaction of Judgment
If you haven't paid off the debt, and can't pay it off, your case may not be eligible for expungement. Read about options if your case isn't eligible for expungement
You can find out by looking up your case for free. Visit our MyCase page for more information
Your case might be eligible for expungement. Read about Asking for expungement by filing a petition
You can find out by looking up your case for free. Visit our MyCase page for more information
Unfortunately, your case may not be eligible to be expunged. Read about options if your case isn't eligible for expungement
What happened in your case?
Did you file a paper with the court called a stipulation that says this?
Your case might be eligible for automatic expungement. Read about automatic expungement
You have two options. You can either ask the landlord to sign a stipulation agreeing to expunge the case and then file it with the court. Once it is filed your case will be automatically expunged. If the landlord will not sign the stipulation you can ask for expungement by filing a petition.
You can find out by looking up your case for free. Visit our MyCase page for more information
What was your case about?
Was there a judgment against you that required you to pay money to the plaintiff (landlord)?
Have you paid off the judgment and was there a Satisfaction of Judgment filed with the court? (click to expand)
Your case might be eligible for expungement. Read about Asking for expungement by filing a petition
If you paid off the debt, you can ask the court to enter a Satisfaction of Judgment
If you haven't paid of the debt, but can do so, you can pay the debt and then ask the court to enter a Satisfaction of Judgment
If you haven't paid off the debt, and can't pay it off, your case may not be eligible for expungement. Read about options if your case isn't eligible for expungement
You can find out by looking up your case for free. Visit our MyCase page for more information
Your case might be eligible for expungement. Read about Asking for expungement by filing a petition
You can find out by looking up your case for free. Visit our MyCase page for more information
Unfortunately, your case may not be eligible to be expunged. Read about options if your case isn't eligible for expungement
You can find out by looking up your case for free. Visit our MyCase page for more information. Once you find out the date your case was filed, go back and answer these questions again
Automatic expungement
Some eviction cases will be expunged automatically if either:
- the entire case was dismissed, there is no appeal pending, and at least three years have passed from the date the case was filed OR
- the parties agree to the expungement and file a stipulation with the court that says this
If your case is eligible for expungement, the court will order the expungement immediately once it qualifies under one of the requirements above. You will not receive any notice of the expungement, but you can look for it in MyCase to see if it is expunged.
Asking for expungement by filing a petition
You can ask to expunge your eviction case by filing a petition if your case:
- Was for nonpayment of rent or staying in the property after your lease expired
- If a judgment was entered against you, it has been satisfied and a Satisfaction of Judgment has been filed with the court
Follow these steps:
- Fill out these papers:
- 1044XX
(check the box on page 2 under "Special Matters" that says "Expungement Petition") - Petition to Expunge Eviction - |
- Order on Petition to Expunge Eviction - |
- If you want to ask the court to waive the filing fee, fill out the forms below to ask for a fee waiver
- 1301GE - Motion to waive fees and statement supporting motion (justice and district court)
- 1302GE - Order on motion to waive fees
- 1044XX
- File the papers with the court and pay the filing fee or request a fee waiver
- Serve copies of the papers on all parties in the case
- If you need to ask the sheriff to serve the papers and can’t afford the fee, you can ask the court to waive it. See our page on Fees and Fee Waiver for forms and information
- File Proof of Service that you served the documents on all parties in the case
- Wait
After you file and serve your papers, the plaintiff will have time to respond. What happens next depends on how they respond.
|
If the plaintiff… |
Then… |
|---|---|
Does not respond |
The court will wait 60 days. After 60 days, if there is no objection, the court will decide whether or not to grant the petition |
Files an objection within 60 days |
The court must deny the expungement request |
What happens after my eviction case is expunged?
When your case is expunged it is as though it never happened. You can tell people that the case did not happen. Third parties who have information about your case will be prohibited from giving out any information about your case, including:
- government agencies, such as the sheriff
- tenant screening agencies (a business that buys court information and sells details on tenants)
The court will post a list of case numbers that were expunged to tell third parties to remove the record of the case from their files. You can view the list on the Public Information Inquiry page. The list of case numbers will only show initials of the parties involved, the location where the case was filed, and the date the final order was entered for the case. Records are removed from the courts' website after 90 days.
Opposing a Petition to Expunge Eviction
If you received a Petition to Expunge Eviction and want to oppose it, you have 60 days from the date you received it to file an objection with the court. Fill out this form:
File it with the court and send a copy to the other party in the case. The court will schedule a hearing - plan to attend.
Options if your case isn't eligible for expungement
If your case isn't eligible for expungement you still have options. Your next step depends on why you need the case expunged. If you are having problems finding housing because of the eviction you can:
- Try to pay down the debt you owe
- A judgment on your credit report can make it hard to find housing. Paying off the debt and reporting that to the credit reporting agency can make the judgment less harmful
- If you need help managing your debts, you can contact Fair Credit to see if they can help you
- Ask for a letter of reference from a previous landlord or others to show prospective landlords
- Contact 2-1-1 Utah for help and connection to other resources