You can't expunge your case while there are criminal proceedings pending against you. You can read about your options if your case isn't eligible for expungement.
Expunging Civil Protective Orders and Civil Stalking Injunctions
Generally, a record of a lawsuit is a permanent public record. This means it never goes away. However, records of some civil protective order and civil stalking injunction 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 a civil protective order or civil stalking injunction.
Do you need to access your expunged records?
Visit our page on Accessing Expunged Records for more information.
Utah Code Title 78B, Chapter 7, Part 10.
Can I expunge my civil protective order or civil stalking injunction case?
Not every civil protective order or civil stalking injunction case can be expunged. If your case is not finished, it can't be expunged.
There are civil protective orders and stalking injunctions and criminal protective orders and stalking injunctions. This process only covers civil protective orders and stalking injunctions. If you need to expunge a criminal case, read our page on expunging adult criminal records or expunging juvenile court records.
Answer the questions below to find out if your case can be expunged.
Are there criminal proceedings pending against you in Utah?
Answer the next question
Have you been arrested, charged, or convicted for violating the civil protective order or civil stalking injunction?
Unfortunately, your case might not be eligible for expungement. You can read about your options if your case isn't eligible for expungement.
Answer the next question
Was the order entered against you dismissed, dissolved, vacated, or expired?
Answer the next question
Unfortunately, your case might not be eligible for expungement. You can read about your options if your case isn't eligible for expungement.
You can find out by contacting the Self-Help Center
What was the last order entered in your case?
Have at least 30 days passed from the day on which the ex parte civil protective order or civil stalking injunction was issued (this includes any continuances in your case)?
Your case might be eligible for expungement. Read about how to expunge your civil protective order or civil stalking injunction case.
You must wait at least 30 days before you can ask for the order to be expunged
Have at least 3 years passed from the day the order was dismissed, dissolved, vacated or expired?
Your case might be eligible for expungement. Read about how to expunge your civil protective order or civil stalking injunction case.
You must wait at least 3 years from the day the order was dismissed, dissolved, vacated or expired before you can ask for the order to be expunged.
You can find out by contacting the Self-Help Center
How to expunge your civil protective order or civil stalking injunction case
You can ask to expunge your civil protective order or civil stalking injunction case if:
- There are no criminal proceedings pending against you
- You have not been arrested, charged, or convicted for violating the civil protective order or civil stalking injunction
- The order has been dismissed, dissolved, vacated, or expired
- The waiting period has run
- 30 days for a temporary order issued against you
- 3 years from when the final order was dismissed, dissolved, vacated, or expired
Follow these steps to ask for your case to be expunged:
1. Send BCI an Application for Criminal History. You will need to get fingerprinted and pay the fee.
2. Wait for them to complete your request and send it back to you
3. Choose the right forms for your case and fill them out
4. File the forms and your criminal history report with the court
5. Serve copies of the Petition to Expunge and the Order on Petition to Expunge (but NOT your BCI criminal history report) on all parties in the case
6. File Proof of Service with the court
7. Wait
After you file and serve your papers, the other parties in the case will have time to respond. What happens next depends on how they respond.
|
If the other parties… |
|
|---|---|
Do not respond |
The court will decide whether to grant your petition based on the papers. The court should decide within about 60 days. |
Files an objection within 30 days |
You can file a response to the objection. You will have 14 days to respond. Whether you respond or not, the court will schedule a hearing. Plan to attend. |
Opposing a Petition to Expunge a Civil Protective Order or Civil Stalking Injunction
If you received a Petition to Expunge a Civil Protective Order or Civil Stalking Injunction and want to oppose it, you have 30 days from the date you received it to file an objection with the court. Unfortunately, we don't have a form for this, but you can make your own. File your objection 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
Your next step if your case is not eligible for expungement will depend on why you need the case expunged.
- If you need help finding housing or other resources, contact 2-1-1 Utah
- If you have questions about the law, see our page on Finding Legal Help
Forms
Forms for the party requesting expungement
- 1158.5XX
(check the box on page 2 that says "Expungement Petition – Protective Order") - Petition to Expunge Civil Protective Order or Civil Stalking Injunction - PDF | Word
- Order on Petition to Expunge Civil Protective Order or Civil Stalking Injunction - PDF | Word
- Proof of Service
- 1138XX
- Petition to Expunge Juvenile Protective Order - PDF | Word
- Order on Petition to Expunge Juvenile Protective Order - PDF | Word
- Proof of Service