1. What is an expungement?
The omission, sealing, deletion, or obliteration of records. Thereafter, the person may legally deny the existence of the records, except for where required by law in certain circumstances.
2. Do the records just disappear?
No. Under § 77-18-15, the Criminal Investigations and Technical Services Division shall keep, index, and maintain all expunged records of arrests and convictions. Expunged records may be used in later sentencing, firearms applications, state occupational and professional licensing or permit applications, and by the parole and pardons board, peace officer employment, educational boards
3. Who is eligible to get records expunged?
For expungement of adult records:
You are eligible for an expungement of arrest, investigation, or detention record if the following conditions are met.
* At least 30 days have passed since arrest.
* There have been no intervening arrests.
* The proceedings were dismissed.
* You were acquitted.
* You were discharged without conviction and no charges were refiled within 30 days.
* You were released without formal charges being filed.
You can apply for an expungement of the record of arrest, investigation, and detention by filing a petition. You are eligible for expungement of conviction if the following are correct.
* You have no more than one felony or two class A or B misdemeanor convictions
* You have been released from incarceration, parole, or probation for a specified amount of time.
* You have satisfied all fines and restitution ordered as part of the sentence.
To get an expungment, you must seek and received a certificate of Eligibility for Expungment from the Utah State Bureau of Criminal Identification. Some factors which may contribute to a denial of this certificate are:
* Time period required by law has not been met. See below. This time period does not begin until all confinement and probation has been completed and fines are paid.
* Three or more convictions, not stemming from a single arrest.
* More than one felony exists.
* Forcible 2nd degree felonies
* A previous felony expungement exits.
* One or more pending arrest(s).
* Conviction of a sexual offense against a minor.
* Registerable sex offender.
* Court records indicate that the case is still open.
* Disposition information is missing
4. Who Can Get a Juvenile Record Expungement?
You are eligible for an expungement if:
1) One year has elapsed from the time that the Juvenile Court terminated jurisdiction. All fines, fees and restitution have been paid and one year has elapsed from the time that Youth Corrections released you from a secure facility.
2) You do not have an adult criminal record.
NOTE: If you do not meet the eligibility requirements, you will be advised that the petition will not be granted.
5. When is Expungement Allowed?
Capital felony; Felony 1; or Forcible Felony 2; any violation of a sexual offense against a minor-Never
2nd and 3rd Degree Felonies-7 years
Alcohol related traffic offenses (Title 41)-6 years
Class A Misdemeanors-5 years
All other Misdemeanors & Infractions-3 years
Arrests without filing of charges-30 days
Proceedings Commenced & Dismissed-30 days
Acquittals-30 days
Expungement is possible for the following items and events:
* Arrest
* Investigation
* Detention records which did not result in conviction
* Criminal convictions under prescribed restrictions
6. What records may be expunged?
For persons arrested and not convicted, expungement may be sought for any and all records of arrest, investigation, and detention under § 77-18-10. For persons convicted of an offense, they make seek expungement of the record of conviction under § 77-18-11. Under § 77-18-14, In order to avoid destruction or sealing of the records in whole or in part, any state, county, or local entity, agency, or official receiving an expungement order shall only expunge all references to the petitioner's name. The petitioner, based on good cause, may petition the court to expunge the records in whole or in part.
When a minor's juvenile record is expunged, all photographs and other records as ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint records may not be destroyed. § 78-3a-904.
7. How do I get records expunged?
How-To: Get an Expungement in District Court
1) Completion of the Petition: You must first obtain a certificate of eligibility from the BCI. You must then fill out a Petition and Order of Expungement for the Court, and you must complete the petition and the order before proceeding to step 2.
2) Serving the Petition: The petition must be served on the prosecuting attorney, and the Department of Corrections. Unless there is a stipulation to the expungement, the petition for expungement may not be granted until 30 days after service of the petition on those parties. This allows the prosecuting attorney or the victim, time to file a written objection to the petition, and the court time to order an evaluation if necessary. If an objection is filed, the court shall set a hearing and notify the prosecuting attorney, petitioner and victim of the hearing date.
3) Written Evaluation: The court may, at its discretion, order the Department of Corrections to prepare a written evaluation regarding the petition. This will include recommendations regarding the petition. If the petitioner files a written objection to the conclusions and recommendation in the evaluation a hearing shall be set within 15 days after receipt of the evaluation and the court must notify the parties listed above.
4) Hearing: The court may hold a hearing at its discretion. Absent any objections to the Petition the judge may decide the petition based on written documentation.
5) Findings of the Court: If the court finds that you are eligible and no objections have been received, the court will grant expungement and issue a certificate to you. This certificate will state that the petition and certificate of eligibility are sufficient and the statutory requirements have been satisfied. Upon approval of a petition for expungement, the court shall enter an order to expunge all or a portion of the records in the relevant case in the custody of that court, or of any other agency or official.
*Your Responsibilities:
You, not the court, are responsible for service of the order on affected agencies. If you live out of state and expungement is to be completed by mail, you must include an 8" x 10" self-addressed, stamped manila envelope, for copies to be mailed to you
for distribution. Agencies to be notified include:
* The court
* The arresting agency
* The booking agency
* The Department of Corrections
* The Division of Public Safety
The addresses for local agencies will be provided by the clerk. For arresting agencies other than the local agencies you must note that agency. The clerk will provide an extra copy of expungement, but the Petitioner must find a correct address of the agency.
*Responsibilities of the Division:
The Division is responsible to forward a copy of the expungement order to the Federal Bureau of Investigation (FBI).
How To: Get an Expungement in Juvenile Court
To be eligible to obtain an expungement the petitioner must meet the following requirements:
1. One year has elapsed from the time that the Juvenile Court terminated jurisdiction and all fines, fees and restitution have been paid or one year has elapsed from the time Youth Corrections released the individual from a secure facility.
2. The individual is 18 years of age or older.
3. The individual does not have an adult criminal record.
NOTE: If the petitioner does not meet the eligibility requirements, they should be advised that the petition may not be granted. If they wish to proceed with the filing of a petition, they should be allowed to do so.
To Get a Juvenile Record Expunged, you are required to:
1. Complete a Petition for Expungement of Record. Specify if the petition for expungement is to expunge the record in whole or in part. Expunging the record in whole means to have the entire record in the Juvenile Court sealed. A sealed record can only be opened by petitioning the court. Expunging the record in part means to expunge all references to that petitioner's name in the records pertaining to the adjudicated juvenile court cases.
2. Obtain Right of Access from the Bureau of Criminal Identification.(Phone: 801 965-4445) This will be required at the time the petition is filed. A fee will be assessed.
3. Pay a $65.00 filing fee at the time the application for the Petition of Expungement is made. (The fee is non-refundable).
4. Notify all agencies with custody of the records of the pendency of the petition and of the date of the hearing.
5. If the Court finds that the petition for expungement is granted, the petitioner shall be responsible to pay for and distribute certified copies of the Order Expunging the Record to all affected agencies identified in the Order.
6. You must appear in person at the hearing unless there are very unusual circumstances.
