Overview Description

Records relating to case dismissed upon the successful completion of a diversion agreement can be expunged by the court. Utah Code Ann. § 77-40-104.

Ineligible Category or Citation

See Utah Code §§ 77-2-1 et seq. for diversion eligibility information.

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. If there were no court proceedings, the certificate and petition must be delivered to the county attorney where the arrest occurred. For the specific procedure, see Utah Code Ann. §§ 77-40-103 et seq.

Fees

The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3); 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 information regarding expunging a record in Utah, visit here.

Waiting Periods

There is no statutory language reagarding a waiting period.

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