Overview Description

Records relating to an arrest, investigation, and detention can be expunged by the court upon acquittal, dismissal, expiration of the limitations period, or prosecutorial decision not to file charges, so long as 30 days have passed since the arrest. Utah Code Ann. § 77-40-104.

Ineligible Category or Citation

Utah Code Ann. § 77-40-105.

Procedure General

An application must be made to the Utah Bureau of Criminal Identification 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 bureau 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 information regarding an expungement in Utah, visit here.

Waiting Periods

The person may apply for a certificate of eligibility for expungement 30 days after the arrest. The Bureau of Criminal Identification shall issue a certificate of eligibility on an expedited basis to a person who is acquitted on all charges.

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