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Expunging Adult Criminal Records
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What is Expungement?
Expungement means clearing your record. When a court expunges your case:
- They seal all records about it
- No one can see these records without permission from the court
- You can say the arrest or conviction never happened
- Government offices will say the same
Without an expungement order, an arrest or conviction stays on your record forever. Expungement only applies to government records, not news stories. Certain requirements must be met before your case can be expunged, including automatic or clean slate expungements.
Need help with expungement?
Pick an option below.
Yes
Scroll down to the next question.
No
Get advice from an immigration lawyer about whether to expunge your criminal records. The FBI could have records of a criminal case even though the case was expunged. See our Finding Legal Help page for information about ways to get legal help.
Fill out the form below for your criminal case:
- Application for Automatic Expungement PDF Form | Fillable Form
Then file it with the court.
When you file this form, the court will:
- check to see if your case qualifies for automatic expungement - not all cases qualify, even if the form is filed
- check to see if you have any other criminal cases that qualify for automatic expungement
If you have any cases that qualify for automatic expungement, they will be automatically expunged. This means that a case could be expunged even if you did not file the form.
The process can take up to 120 days.
Why so long?
The court's computers run auto expungement requests once a month. They also have to give the prosecutor time to respond to the request. It could be faster than this depending on when you submit your request and whether the prosecutor agrees to the request.
Answer the questions below to see if your case qualifies for automatic expungement.
What happened in your case?
Your case could be eligible for automatic expungement. Scroll back up to "How do I ask for automatic expungement?" for instructions.
You can also visit Clean Slate Utah for more information.
Your case could be eligible for automatic expungement. Scroll back up to "How do I ask for automatic expungement?" for instructions.
You can also visit Clean Slate Utah for more information.
Was your conviction for one of the crimes listed below?
- A felony
- A class A misdemeanor for something other than drug possession
- Assault
- A DUI
- An offense related to domestic violence
- A sex offense
- Certain kinds of weapons-related offenses
Yes
Your case may not be eligible for automatic expungement. Read when you can ask to expunge your criminal record to see if you can file a petition for expungement. You can also find more information in Utah Code 77-40a-101(5)
No
Look at the table below. Your case could be eligible for automatic expungement if enough time has passed:
|
Offense type |
Waiting period |
|---|---|
Class A drug possession (usually limited to 2 cases) |
7 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
Class B misdemeanors (usually limited to 3 cases) |
6 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
Class C misdemeanors, infractions, and minor regulatory offenses |
5 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
- If enough time has passed and your case is eligible for automatic expungement, scroll back up to "How do I ask for automatic expungement?" for instructions. You can also visit Clean Slate Utah for more information.
- If not enough time has passed, scroll down to "I do not qualify for automatic expungement. What can I do?"
You can try filing a petition for expungement. Try Salt Lake County's free eligibility tool for help.
Make sure that you:
If you do not meet these requirements, you cannot expunge your case. |
Has enough time passed?
Answer the questions below to find out.
What happened in your case?
You can ask for expungement if:
- At least 30 days have passed since the arrest, and
- The prosecutor made a final decision to not bring charges
Scroll down to "I know I need to file a petition for expungement" for next steps.
You can ask for expungement if:
- At least 30 days have passed since the arrest
- Did you enter a plea in abeyance? If so, make sure your case is dismissed. In some courts, you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this.
Scroll down to "I know I need to file a petition for expungement" for next steps.
You can ask for expungement if:
- At least 30 days have passed since the arrest, and
- Either the prosecutor consents in writing to the expungement or at least 180 days have passed since the day the case was dismissed
Did you enter a plea in abeyance? If so, make sure your case is dismissed. In some courts, you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this.
Scroll down to "I know I need to file a petition for expungement" for next steps.
You can ask for expungement if:
- At least 30 days have passed since the arrest
Scroll down to "I know I need to file a petition for expungement" for next steps.
- a capital felony, first degree felony or "violent felony" (defined in Utah Code 76-3-203.5(1)(c)(i))
- felony automobile homicide
- felony DUI (under Utah Code Section 41-6a-501(2))
- a registerable sex offense (under Utah Code Section 77-41-102(17)) or
- a registerable child abuse offense (under Utah Code Section 77-43-102(2))
No
Scroll down to the next question.
Yes
You cannot expunge these cases. Instead you can try to:
- Get legal advice. See our Finding Legal Help page for more information
- File a Motion to Reduce Conviction
- Ask the Utah Board of Pardons and Parole for a pardon
If your conviction is reduced or pardoned, you can ask for an expungement
- If you have fewer than 2 convictions, skip to "How long ago were you convicted?"
- If you have more than 2 convictions that were not closely related in time or related to the same criminal objective, answer the question below.
Have you been convicted of:
- 2 or more felonies (other than drug possession)?
- 3 or more crimes (other than drug possession), and 2 of those crimes are class A misdemeanors?
- 4 or more crimes (other than drug possession), and 3 of those crimes are class B misdemeanors?
- 5 or more crimes of any degree (other than drug possession)?
- 3 or more felonies for drug possession?
- 5 or more crimes of any degree for drug possession?
No
Scroll down to the next question
Yes, to any of the above questions
You cannot expunge your criminal cases. Instead you can try to:
- Get legal advice. See our Finding Legal Help page for more information.
- File a Motion to Reduce Conviction
- Ask the Utah Board of Pardons and Parole for a pardon
If your conviction is reduced or pardoned, you can ask for an expungement
|
What was your offense? |
Has enough time passed? Count from either the date your case finished, the date you got out of jail or prison or ended probation or parole. Use the date that happened most recently |
|---|---|
Misdemeanor conviction of Subsection 41-6a-501(2) |
10 years |
Felony |
7 years |
Class A Misdemeanor or felony drug possession |
5 years |
Class B Misdemeanor |
4 years |
Other Misdemeanor or Infraction |
3 years |
If not enough time has passed you can wait or try to file a Motion to Reduce Conviction.
If enough time has passed, scroll down to "I know I need to file a petition for expungement" for next steps.
If you have a conviction related to cannabis possession and are not qualified to receive a certificate of eligibility, you might qualify for expungement of the record if you meet certain requirements.
You must show that:
- you had a qualifying condition at the time of your arrest or citation, and
- the cannabis was in a form to medicinally treat your condition, and
- the cannabis was in an amount to medicinally treat your condition and did not exceed certain amounts.
Qualifying condition (Utah Code 26-61a-104)
You must have had a qualifying condition at the time of your arrest for cannabis possession. Qualifying conditions include:
- HIV or acquired immune deficiency syndrome
- Alzheimer's disease
- amyotrophic lateral sclerosis
- cancer
- cachexia
- persistent nausea not significantly responsive to traditional treatment, but not nausea related to:
- pregnancy;
- cannabis-induced cyclical vomiting syndrome; or
- cannabinoid hyperemesis syndrome
- Crohn's disease or ulcerative colitis
- epilepsy or debilitating seizures
- multiple sclerosis or persistent and debilitating muscle spasms
- post-traumatic stress disorder (meeting the requirements described in Utah Code 26-61a-104(2)(j))
- autism
- a terminal illness when the patient's remaining life expectancy is less than six months
- a condition resulting in the individual receiving hospice care
- a rare condition or disease that:
- affects less than 200,000 individuals in the United States, as defined in Section 526 of the Federal Food, Drug, and Cosmetic Act; and
- is not adequately managed despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions;
- pain lasting longer than two weeks that is not adequately managed, in the qualified medical provider's opinion, despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions
- a condition approved by the Compassionate Use Board. I have attached proof of the Board's approval.
Form of cannabis (Utah Code 26-61a-102(32))
The cannabis you had in your possession at the time of your arrest must have been in a form allowed by law.
If you had processed medical cannabis or a medical cannabis product, it must have been in one of these forms:
- tablet
- capsule
- concentrated liquid or viscous oil
- liquid suspension
- topical preparation
- transdermal preparation
- sublingual preparation
- gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape
- resin or wax
If you had unprocessed cannabis flower, it must have been in a container described in Utah Code Section 4-41a-602, and must:
- be contained cannabis flowers in a quantity that varies by no more than 10% from the stated weight at the time of packaging;
- have been contained within an opaque, child-resistant bag that a medical cannabis pharmacy provided; and
- have been labeled with the container's content and weight, the date of purchase, the legal use termination date.
Or, it must have been in a form measured in grams, milligrams, or milliliters.
Amount of cannabis (Utah Code 26-61a-102(16))
The cannabis in your possession must have been in an amount to medicinally treat your condition and did not exceed (Choose all that apply):
- 113 grams by weight (unprocessed cannabis in a medicinal dosage form)
- 20 grams of total composite tetrahydrocannabinol (cannabis product in a medicinal dosage form)
If you meet all of the requirements, scroll down to Scroll down to "I know I need to file a petition for expungement" for next steps.
If you appealed your case to the Utah Court of Appeals or the Utah Supreme Court, you might also want to expunge those records. This requires a separate process.
You must file a petition with the Utah Supreme Court. This process is governed by Supreme Court Standing Order No. 12. Unfortunately, we do not have forms for this. You can read more about the steps below.
You must have an order from a district court that expunges your entire trial court record as well as any information in possession of other government entities, such as law enforcement.
You must file with the Utah Supreme Court and serve on the Utah Attorney General:
- a written petition,
- a copy of the expungement petition that was filed with the district court,
- a certified copy of the district court's expungement order, and
- a proposed redacted appellate court opinion to replace the previously-published opinion
There are no forms on this website to petition the Utah Supreme Court to expunge appellate records.
To "redact" information means to obscure it or leave it out. The proposed redacted opinion must replace your name with initials, such as "J.C.," or with the a fake name, like "Pat Doe."
Other personal identifying information must also be redacted, including your address, birthdate, and government-issued identification numbers, if they were included as part of the original opinion.
The Utah Attorney General's office has 30 days from which they were served to object to the expungement and/or to object to the proposed redacted opinion.
If the Utah Supreme Court grants the expungement petition, the appellate courts will:
- Seal any appellate court records, including appellate briefs. No one may access a sealed record except by order of the court.
- Replace the previously-issued opinion with a redacted opinion.
- Notify LexisNexis and Westlaw of the redacted opinion. The defendant may notify other publishers about the redacted opinion.
Note: non-government entities (such as legal publishers) are not legally required to expunge or redact their records.
Use one of our online tools:
- My Court Case - look up your own cases for free. Your case will show “Case Expunged” if it was expungd. For example, the case title will be “State of Utah vs. Case Expunged”
- Xchange - Xchange lets you look up other people's district and justice court case information. There are fees to use Xchange. If your case was expunged, you will not be able to see it in Xchange
If you have a My Court Case account, you can see your expunged case online. It will show as "Case Expunged." If you need something more official, visit our page on Accessing Expunged Records.
After the expungement order the Bureau of Criminal Identification (BCI) will keep details of your expunged case. But they will not release them to the public without a court order. Some government agencies can still see your records though. This includes:
- the Board of Pardons and Parole;
- Peace Officer Standards and Training;
- federal authorities, unless prohibited by federal law;
- the Division of Occupational and Professional Licensing; and
- the State Office of Education.
If you are later charged with a felony
The state may ask the court to open your expunged records. A court may order expunged records to be opened and admitted into evidence for sentencing. The expunged records are confidential and are available for inspection only by the court, parties, counsel for the parties, and any other person authorized by the court. At the end of the felony case, the court will order the records resealed.
There are other times when someone can ask to see your expunged records. Read Utah Code 77-40a-403 for more details.
If you have applied for a concealed firearm permit
BCI may use the information in expunged records in determining whether the applicant or permit holder has been or is a danger to self or others.
There are 3 steps to expunge this kind of case. Do not skip any steps. If the court grants your request, your records will be expunged shortly after the court signs the order.
The forms listed here are available in the forms section below.
- Petition to Expunge Records: Choose the Petition to Expunge Records that best matches your case. Use the case number of the case you are asking to expunge. If you don't have a case number the court will give you one.
- Order on Petition to Expunge Records: Choose the form that matches your case.
File your documents with the court that decided the criminal case. There will be a filing fee (look at the cover sheet to see how much). If you can’t afford the fee you can ask for a fee waiver.
If a court case was never filed, file the expungement papers in the district where you were arrested or where you received the citation. If you aren't sure where to file, you can use this directory of court locations to find your court.
Make copies of all of these documents before you file the originals with the court for your records.
When you file your papers with the court, they will send a copy of what you file to the prosecuting attorney assigned to your case.
What happens next depends on how the prosecutor responds.
|
If the prosecutor… |
Then… |
|---|---|
Signs a Consent and Waiver of Hearing |
File the Consent and Waiver of Hearing, and any other documents you have not already filed. |
Files an objection or statement within 35 days. Or the victim has 60 days to file an objection or statement. |
The court will schedule a hearing. If you wish to respond to the prosecutor's or victim's statement, you can do so, within 14 days of receiving it, by filing a Reply to Victim's or Prosecutor's Statement (See Optional forms, below). Bring to the hearing any other documents you have not already filed. |
Just signs an Acceptance of Service The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Acceptance of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
Does nothing The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
The court might schedule a hearing or might just grant your request. |
The court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition. The response will include the reasons probation was terminated, and whether the petitioner has completed all requirements of sentencing, probation or parole. AP&P will serve the response on the petitioner, the prosecuting attorney and the victim. The petitioner may file a reply to the AP&P response within 14 days after receiving it.
If a hearing is scheduled, be sure to attend. Be ready to explain to the court why there is clear and convincing evidence that:
- the petition and certificate of eligibility are sufficient;
- the statutory requirements have been met;
- other case specific requirements have been met; and that
- expunging the records will not harm the public interest.
Bring to the hearing any other documents you have not already filed.
If you want copies of the expungement order, you can ask for certified copies. Certified copies are official copies.
You must ask for these no more than 28 days after the court grants the expungement order.
Utah Rule of Criminal Procedure 42.
See Utah Code 77-40a-101(21) for definition of traffic offense.
There are 4 steps to asking for expungement. The entire process can take several months. You must complete all 4 steps to expunge your records. If you need help, contact Clean Slate Utah or the Self-Help Center.
Apply for and get the Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). BCI will charge you to apply for the certificate. BCI might also charge you to issue the certificate.
Utah Code 77-40a-304(3)
It can take several months for BCI to process your request. Once you receive your certificate, you will have 180 days from when it was issued to file it, along with the Petition to Expunge Records, with the court. If the certificate expires, you will have to request a new one.
See BCI's Criteria for a Certificate of Eligibility pamphlet on their website. Their expungement flowchart may also be helpful:
- Expungement Eligibility Flowchart - PDF
If you want to have your certificate of eligibility sent to someone other than yourself, you must also complete BCI's Third Party Release form and submit it with your Application.
Remember, the certificate of eligibility is valid for only 180 days from the date it is issued. You must file your Petition to Expunge Records before the 180 days are up. The forms listed here are available in the forms section below.
- Petition to Expunge Records: Choose the Petition to Expunge Records that best matches your case. Fill it out and bring it with the original of your certificate of eligibility. Use the case number of the case you are asking to expunge. If you don’t have a case number the court will give you one.
- Order on Petition to Expunge Records: Choose the form that best matches your case.
File your documents with the court that decided the criminal case. There will be a filing fee (look at the cover sheet to see how much). If you can’t afford the fee you can ask for a fee waiver.
If a court case was never filed, file the expungement papers in the district where you were arrested. If you aren’t sure where to file, you can use this directory of court locations to find your court.
Make copies of all of these documents before you file the originals with the court for your records.
When you file your papers with the court, they will send a copy of what you file to the prosecuting attorney assigned to your case.
Optional: Ask an attorney at the office of the prosecutor that handled the case to sign a Consent and Waiver of Hearing form to agree that the case should be expunged. If they sign it speeds up the process. If the prosecutor was the State of Utah or a county in Utah then you will use the district attorney for the county. If you need a city prosecutor then look on that city's webpage to find the city prosecutor or city attorney.
What happens next depends on how the prosecutor responds.
|
If the prosecutor… |
Then… |
|---|---|
Signs a Consent and Waiver of Hearing |
File the Consent and Waiver of Hearing, and any other documents you have not already filed. |
Files an objection or statement on behalf of the victim or themselves. The prosecutor has 35 days to do so. The victim has 60 days to file an objection.
|
The court will schedule a hearing. If you wish to respond to the prosecutor's or victim's statement, you can do so, within 14 days of receiving it, by filing a Reply to Victim's or Prosecutor's Statement (See Optional forms, below). Bring to the hearing any other documents you have not already filed. |
Just signs an Acceptance of Service The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Acceptance of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
Does nothing The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Proof of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
The court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition. The response will include the reasons probation was terminated, and whether the petitioner has completed all requirements of sentencing, probation or parole. AP&P will serve the response on the petitioner, the prosecuting attorney and the victim. The petitioner may file a reply to the AP&P response within 14 days after receiving it.
If a hearing is scheduled, be sure to attend. Be ready to explain to the court why there is clear and convincing evidence that:
- the petition and certificate of eligibility are sufficient;
- the statutory requirements have been met;
- other case specific requirements have been met; and that
- expunging the records is not contrary to public interest.
Bring to the hearing any other documents you have not already filed.
If you want copies of the expungement order, you can ask for certified copies. Certified copies are official copies.
You must ask for these no more than 28 days after the court grants the expungement order.
Forms
If you have questions about how to file these forms, see our page on filing.
Required forms
The forms you need depend on your case. Choose one of the options below.
- Application for Automatic Expungement PDF Form | Fillable Form
- Utah District Court Cover Sheet for All Civil Actions (not Probate/Domestic Rel) PDF Form | Fillable Form
- Petition to Expunge Records (Traffic Conviction) PDF Form | Fillable Form
- Order on Petition to Expunge Records (Traffic Conviction) PDF Form | Fillable Form
- Acceptance of Service - Expungement (Prosecutor) PDF Form | Fillable Form
- Consent and Waiver of Hearing - Expungement (Prosecutor) PDF Form | Fillable Form
- Utah District Court Cover Sheet for All Civil Actions (not Probate/Domestic Rel) PDF Form | Fillable Form
- Petition to Expunge Records Cannabis Conviction PDF Form | Fillable Form
- Order on Petition to Expunge Records (Cannabis Conviction) PDF Form | Fillable Form
- Acceptance of Service - Expungement (Prosecutor) PDF Form | Fillable Form
- Consent and Waiver of Hearing - Expungement (Prosecutor) PDF Form | Fillable Form
Start with this form and send it to BCI: Application for Certificate of Eligibility from BCI
If you are eligible, BCI should have sent you either a Certificate of Eligibility or or a Special Certificate. Which one did you receive?
- Utah District Court Cover Sheet for All Civil Actions (not Probate/Domestic Rel) PDF Form | Fillable Form
- Petition to Expunge Records with Certificate of Eligibility PDF Form | Fillable Form
- Order on Petition to Expunge Records with Certificate of Eligibility PDF Form | Fillable Form
- Acceptance of Service - Expungement (Prosecutor) PDF Form | Fillable Form
- Consent and Waiver of Hearing - Expungement (Prosecutor) PDF Form | Fillable Form
- Utah District Court Cover Sheet for All Civil Actions (not Probate/Domestic Rel) PDF Form | Fillable Form
- Petition to Expunge Records with Special Certificate PDF Form | Fillable Form
- Order on Petition to Expunge Records with Special Certificate PDF Form | Fillable Form
- Acceptance of Service - Expungement (Prosecutor) PDF Form | Fillable Form
- Consent and Waiver of Hearing - Expungement (Prosecutor) PDF Form | Fillable Form
- Victim's Statement and/or Prosecutor's Statement PDF Form | Fillable Form
(if there was a victim in the case and the prosecutor requests this form) - Notice of Hearing - Expungement PDF Form | Fillable Form
(if the court schedules a hearing) - Proof of Service
(if the prosecutor's office will not accept service) - Reply to Victim's Statement or Prosecutor's Statement or AP&P Response PDF Form | Fillable Form
(if a victim or prosecutor statement is filed and you wish to respond) - Request for Response by Adult Probation and Parole PDF Form | Fillable Form
(if the court asks AP&P to respond) - Response by Adult Probation and Parole PDF Form | Fillable Form
(if a response if filed by AP&P and you wish to respond)