Expungement Process In Utah

The expungement process in Utah has several steps.  More information about the process can be found at U.C.A. 77-40-103. The process is as follows:

The first step is to submit an application for a Certificate of Eligibility, which requires fingerprints to be taken. The Utah Bureau of Criminal Identification (Utah BCI) will determine whether you are “eligible”. We can help you get all the necessary information you need for the application.

The second step is to receive a Certificate of Eligibility from the Utah BCI.

The third step involves the court system.  Once you receive a Certificate of Eligibility, a motion must be filed with the court asking the court to approve the expungement. If the court grants the motion, the court will issue an order directing all entities to remove all record of the arrest or criminal charge.

The fourth step is to notify all applicable agencies of the expungement.  Once you have an Order from the court, a copy of the Order is sent to all the individual agencies or entities that might have a record of your arrest including the arresting agency, the prosecuting agency, and the FBI.

The entire process can take a little bit of time.  The most difficult part is obtaining the Certificate of Eligibility.  The Utah BCI reports that it receives 700 to 800 applicants each month and it takes between 10 to 12 weeks just to get the certificate.  Once the certificate is obtained, an expungement can usually be completed in another 3-6 weeks.

Disclaimer: The information on this site is for educational purposes only and is not intended to constitute legal advice. In order to establish an official attorney-client relationship, you must conduct an in-person or telephone conversation and a fee agreement must be signed and executed.  Simply sending an e-mail asking for information or asking me to perform services for you is inadequate to establish an attorney-client relationship.