Overview Description

Records relating to a Class A misdemeanor or felony drug possession offense can be expunged by the court five years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iii).

Ineligible Category or Citation

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

Procedure General

An 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 the 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 an application to expunge a record in Utah, visit here.

Waiting Periods

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

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