Overview Description

Records relating to certain driving-related misdemeanors and controlled substance felonies can be expunged by the court 10 years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(i).

Ineligible Category or Citation

See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2).

Procedure General

Application must be made to the Utah Bureau of Criminal Identification (BCI) for a certificate of eligibility for expungement. If approved, the certificate and a petition must be filed in the court where proceedings occurred. For the specific procedure, see Utah Code Ann. § 77-40-103 et seq.

Fees

The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form.

Effect

The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108.

Forms

For forms regarding record expungement in Utah, visit here.

Waiting Periods

The petition can be filed 10 years after the conviction or release from incarceration, parole, or probation, whichever occurred last.

(non-prod server)