How to Get an Expungement
- You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI). This can take from 8-10 Weeks.
- Completion of the Petition: You must then fill out a Petition and an Order of Expungement for the Court. You must complete the petition and the order before proceeding to step 3.
- Serving the Petition: The petition must be served on the court. Unless a stipulation is obtained, expungement may not be granted until 60 days after service of the petition. This allows time for the prosecuting attorney or the crime victim to file a written objection to the petition, and for the court to order an evaluation, if necessary. If an objection is filed, the defendant may request a hearing and notify the prosecuting attorney, petitioner and victim of the hearing date.
- Written Evaluation: The court may order the Prosecuting Attorney to prepare a written evaluation regarding the petition, including its recommendations. If you file a written objection to the conclusions and recommendation in the evaluation within 15 days after receipt of the evaluation, the court will set a hearing date and notify the parties listed above.
- Hearing: The court may hold a hearing. Or, if there are no objections to the Petition, the court may make a decision based on written documentation.
- Findings of the Court: If the court finds that you are eligible and no objections have been received, it will grant expungement and issue a certificate to you. The certificate will state that the petition and certificate of eligibility are sufficient, and the statutory requirements have been satisfied. After approving a petition for expungement, the court shall enter an order to expunge all or a portion of the case records in the custody of that court, or of any other agency or official.
You, not the court, are responsible for service of the order on affected agencies. If you live out of state and are completing expungement by mail, you must include an 8" x 10" self-addressed, stamped manila envelope, for copies to be mailed to you for distribution. Agencies to be notified include:
- The court
- The arresting agency
- The booking agency
- The City Prosecutor
- The Division of Public Safety*
*The Division must forward a copy of the expungement order to the Federal Bureau of Investigation (FBI).
Responsibilities of the Division
The Division must forward a copy of the expungement order to the Federal Bureau of Investigation (FBI).
Expunge: To omit, erase, or obliterate
Petitioner: The individual applying for an expungement
Petition: A formal, written application requesting the court for a specific judicial action.