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.

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

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.

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.

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

For information regarding expunging a record in Utah, visit here.

There is no statutory language reagarding a waiting period.