Sealing and Expunging Criminal Records in Utah

Sealing and Expunging Criminal Records in Utah

In Utah, the eligibility for sealing or expungement depends on factors such as the severity of the offense, time elapsed since the case resolution, and whether the person has completed all sentencing requirements. Different waiting periods apply based on the type of offense, and some records are not eligible. These legal procedures aim to support qualified individuals in moving forward by limiting access to certain parts of their criminal history.

Sealing and expunging criminal records in Utah refers to the legal process of limiting public access to specific criminal history information. Under Utah state law, individuals who meet certain eligibility requirements may request to have records related to arrests, charges, or convictions cleared from public view. This process does not erase the records entirely but helps reduce their visibility in background checks and public searches.

Difference Between Sealing and Expunging in Utah?

When someone in Utah wants to clear their criminal record, they often come across two legal terms: sealing and expungement. While both offer ways to limit public access to certain criminal records, they are not the same. Each process is governed by different laws and applies in different situations. Understanding the distinction can help individuals better determine which path may apply to their personal circumstances.

Expungement

Expungement is a legal process that allows eligible individuals to have their criminal records removed from public view. In Utah, once a court approves an expungement, it’s as if the arrest or conviction never occurred, at least from the perspective of the general public.

This means that in most cases, individuals do not need to disclose expunged records to employers, landlords, or other private parties. However, certain government agencies and courts may still access the record under specific legal circumstances. Expungement is often used for cases where the person has served their sentence, maintained a clean record since, and meets eligibility rules set by Utah law.

Sealing

Sealing a criminal record in Utah also prevents the public from viewing it, but unlike expungement, the record is not erased. It still exists in the court or government system, but it is hidden from public access.

Sealing is typically used in special cases, such as:

  • Juvenile court matters
  • Cases involving victims of human trafficking
  • Dismissed charges or findings of factual innocence
  • Certain diversion programs or non-conviction situations

While sealing can provide similar privacy protection, it doesn’t fully remove the record. Courts, law enforcement, and in some cases, licensing agencies may still access sealed records when authorized by law.

Key Differences in Practical Terms

In simple terms, expungement helps a person move forward as if the event never happened (at least in most public settings), while sealing limits who can see the record but doesn’t make it disappear entirely.

Another difference is eligibility. Expungement may apply to individuals with prior convictions or dismissed charges after waiting periods, while sealing is more limited to specific scenarios like juvenile cases or factual innocence findings.

Also, expunged records generally don’t need to be disclosed on job or housing applications (unless required by law), while sealed records may need to be disclosed in certain legal or professional contexts.

When to Use Each Process

Someone may seek expungement if they have:

  • Completed all sentencing terms
  • No pending charges
  • Waited the required time under Utah law
  • Been convicted of an offense that qualifies for expungement

Sealing may be appropriate when:

  • The record involves a juvenile offense
  • The case was dismissed or resulted in a not guilty verdict
  • The individual was found to be factually innocent
  • The person was a victim of human trafficking and the charges were related

Who Is Eligible to Expunge Criminal Records in Utah?

Expungement is the legal process that allows eligible individuals to clear certain criminal records from public view. In Utah, this process helps individuals move forward after satisfying the legal consequences of their actions. However, not all offenses qualify, and there are strict eligibility rules and waiting periods based on the nature of the offense.

This section provides clear, factual information about expungement eligibility in Utah. It is intended for personal, lawful informational use only and does not offer legal advice or services.

Types of Offenses That May Qualify for Expungement

Under Utah law, individuals may be eligible to expunge records related to specific types of offenses, provided they meet the required conditions. The following offenses may qualify:

  • Infractions and certain misdemeanors (such as drug possession, theft, or public intoxication)
  • Class C and B misdemeanors, after the required waiting period
  • Some Class A misdemeanors, depending on the nature of the offense
  • Certain felonies, including some non-violent and first-time offenses

Each case is evaluated individually, and eligibility is not automatic. Factors such as the number of convictions and time passed since case resolution are critical.

Disqualifying Factors and Exceptions

Not all criminal offenses are eligible for expungement in Utah. Disqualifying conditions include:

  • Capital felonies
  • First-degree felonies
  • Violent felonies
  • Felony DUI offenses
  • Sex offenses requiring registry
  • Multiple convictions that exceed the eligibility threshold under Utah’s expungement law

Additionally, an individual is not eligible for expungement if:

  • They currently face criminal charges
  • There is unpaid restitution or fines
  • They have previously received expungement for the same type of offense and exceeded the limit allowed under law

Waiting Periods by Offense Type

Expungement is only possible after a mandatory waiting period following the closure of the case, including probation or incarceration. The general waiting periods in Utah are:

  • Infractions: 3 years
  • Class C Misdemeanors: 5 years
  • Class B Misdemeanors: 6 years
  • Class A Misdemeanors: 7 years
  • Eligible Felonies: 7 years

The clock begins after all sentencing requirements are completed and all fines, restitution, and court-ordered programs are satisfied.

Juvenile Expungement Eligibility

Utah provides a separate process for the expungement of juvenile records. A person may be eligible if:

  • They are at least 18 years old
  • It has been at least one year since the juvenile court’s jurisdiction ended
  • The person has not committed any new offenses since the closure of the case
  • The individual demonstrates rehabilitation to the court’s satisfaction

Certain serious juvenile offenses may still be excluded from eligibility

What Criminal Records Can Be Sealed in Utah?

Sealing a criminal record in Utah refers to the process of restricting public access to certain court records, making them invisible during most background checks conducted for personal reference. While sealing does not erase a record, it offers individuals an opportunity to move forward without past charges being easily discoverable in many everyday situations.

Overview of Sealing Eligibility in Utah

In Utah, eligibility to seal a criminal record depends on several factors, including the nature of the offense, the final outcome of the case, and whether certain conditions—such as waiting periods—have been satisfied. Not every case qualifies for sealing, and Utah courts consider specific legal criteria before approving such requests.

Criminal records that may be eligible for sealing often include:

  • Cases that were dismissed
  • Acquittals (found not guilty)
  • Certain juvenile records
  • Records related to individuals who are victims of human trafficking

The process and eligibility requirements differ depending on the type of record and the circumstances surrounding the case.

Sealing Juvenile Records in Utah

Utah law allows many juvenile records to be sealed once the individual turns 18 and meets other conditions. This is intended to help young individuals avoid long-term consequences from youthful mistakes.

To be eligible to seal juvenile records:

  • The individual must be at least 18 years old
  • At least one year must have passed since the juvenile court’s jurisdiction ended
  • The person must not have any adult criminal convictions (with some exceptions)
  • There must be no pending criminal or juvenile cases
  • The court must find that sealing the record is in the interest of justice

Juvenile record sealing typically includes offenses such as curfew violations, underage drinking, or property damage, but each case is considered individually.

Sealing Records Involving Victims of Human Trafficking

Utah offers additional protections for individuals who committed certain crimes while being trafficked. Affected individuals may be able to seal records if they can demonstrate that the offense was directly related to their status as a victim of human trafficking.

Applicable conditions include:

  • The offense must be non-violent and related to the trafficking situation
  • Documentation or affidavits may be required to support the sealing request
  • The person must complete all court-ordered conditions, including restitution or probation (if applicable)

This path to sealing is intended to help survivors of trafficking regain independence and access to stable housing, education, or employment opportunities—within the bounds of lawful personal use.

Sealing Dismissed or Acquitted Cases

If a criminal case ends in dismissal or acquittal, the associated record may still be visible in certain public record searches. However, Utah law allows these individuals to request that the record be sealed so it no longer appears in most public searches.

Eligibility requires:

  • The case must have resulted in a complete dismissal or a not-guilty verdict
  • There must be no pending related charges
  • A short waiting period may apply, typically 30 days after dismissal or acquittal
  • The individual must follow the petition process through the appropriate court

It is important to understand that even if a person was not convicted, their arrest and case information may remain visible until formally sealed.

Timeframe and Conditions for Sealing Criminal Records

The waiting period and conditions for sealing vary based on the type and outcome of the case. Some general timeframes include:

  • Dismissed or acquitted cases: May be eligible after 30 days
  • Juvenile records: At least one year after the court’s jurisdiction ends, and person must be 18+
  • Human trafficking-related offenses: After fulfilling all legal and procedural conditions

Conditions that must typically be met across all cases include:

  • Completion of any probation or parole terms
  • Payment of all fines or restitution
  • No new convictions or pending cases at the time of the petition
  • Filing a formal petition in the appropriate court

Each petition is reviewed by the court, which decides whether sealing serves the interest of justice and public policy. The process is not automatic, and individuals must comply with all steps outlined under Utah law.

How to Seal Criminal Records in Utah

Sealing a criminal record in Utah can help individuals limit public access to specific court records. This legal process is available in certain situations and is governed by Utah law. Below is a clear step-by-step overview designed to help you understand the sealing process, what documentation is needed, and how long it may take—strictly for informational and personal-use purposes only.

Step-by-Step Sealing Process in Utah

The process of sealing records in Utah varies based on the type of case (e.g., juvenile, dismissed, or acquitted cases). The general steps for sealing qualifying records are as follows:

  1. Determine Eligibility
    Identify whether your case qualifies for sealing. Utah allows certain dismissed cases, acquittals, or records related to specific juvenile matters to be sealed under applicable law. Only qualifying records may be considered for sealing.
  2. Gather Necessary Information
    Collect key case details, including:
    • Case number
    • Court location
    • Date of final disposition
    • Relevant Utah statutes
  3. Complete the Petition to Seal
    You must complete a court-approved petition to request the sealing of your record. This form typically includes:
    • Personal identification information
    • A list of charges or case numbers to be sealed
    • A statement of eligibility
  4. File the Petition with the Correct Court
    Submit the petition to the same court where the case was handled. Ensure you include any required supporting documents and pay applicable filing fees unless a waiver is approved.
  5. Notify Relevant Parties
    After filing, you may be required to notify the prosecutor or other involved agencies. This allows them the opportunity to respond or object to the petition.
  6. Attend a Hearing (If Required)
    Some petitions may be resolved without a hearing. However, the court may schedule a hearing to consider the petition and any responses from affected agencies.
  7. Court Decision and Record Update
    If the judge grants your petition, the court will issue an order to seal the record. This order directs the clerk and other agencies to restrict public access to the specified case information.

Required Documentation

When petitioning to seal records in Utah, the following documents may be required:

  • Petition to Seal (court-approved form)
  • Proof of Final Disposition of the case (if applicable)
  • Supporting Statement of Eligibility under Utah law
  • Copy of Government-Issued ID (for identity verification)
  • Filing Fee or Waiver Form (based on financial hardship)

All documentation must be complete, accurate, and submitted to the correct court. Incomplete or incorrect filings may result in delays or denials.

Timeline Expectations

The sealing process can vary in length based on the case type and the court’s schedule. General timeline expectations include:

  • Petition Preparation: 1–2 weeks (gathering documents and completing forms)
  • Filing and Notification: Within a few business days once submitted
  • Court Processing: 30–90 days, depending on court backlog and whether a hearing is required
  • Final Decision and Record Update: Within 30 days after the court grants the order

Keep in mind that these timeframes are general estimates. Some cases may take longer due to court scheduling, objections from other parties, or required additional documentation.

Required Forms and Where to Submit Them

If you are planning to seal or expunge a criminal record in Utah, understanding where to find the correct forms and how to properly submit them is a crucial step in the process. The state of Utah has a structured system to guide individuals through this legal procedure. Below is a breakdown of where you can get the necessary forms and how to file them, all based on publicly available information from official state and court resources.

Where to Get Expungement and Sealing Forms in Utah

To begin the expungement or sealing process, individuals typically need to access several official forms. These forms are issued by the Utah State Courts and the Utah Department of Public Safety’s Bureau of Criminal Identification (BCI). These public entities provide lawful access to application materials and instructions required under Utah law.

1. Utah State Courts Website

The Utah Courts provide downloadable expungement and sealing forms through their self-help resources section. These include:

  • Petition for Expungement
  • Motion to Waive Fees
  • Certificate of Eligibility (to be obtained from BCI first)

Visit the official Utah Courts Expungement Page to access forms and view instructions.

2. Bureau of Criminal Identification (BCI)

Before filing a petition with the court, applicants must first request a Certificate of Eligibility from the BCI. This is a mandatory requirement in most expungement cases.

To obtain the application:

  • Visit the BCI website under the Utah Department of Public Safety
  • Download the Application for Expungement Certificate of Eligibility
  • Include a copy of your government-issued ID and applicable fees when submitting

Where to File Expungement or Sealing Forms

Once you have completed the necessary paperwork, you must file the forms with the appropriate Utah court, based on where the criminal case was originally processed.

1. Utah District Courts

If the offense was a felony or higher-level misdemeanor, you will likely need to file in the District Court that handled the case. These courts process more serious criminal cases and related expungement matters.

You can find a full list of Utah District Courts and their addresses at: Utah Courts Directory

2. Utah Justice Courts

For minor offenses, including infractions and certain misdemeanors, expungement forms may be submitted to the local Justice Court where the case was resolved.

To determine which court has jurisdiction over your case, consult the court location listed on your previous court documents or search using the Utah Court Locator.

Utah Bureau of Criminal Identification (BCI) Contact Information

For questions about your criminal record or the eligibility process, you can contact the BCI directly. They are responsible for reviewing criminal histories and issuing eligibility certificates, which are essential for initiating most expungement requests.

Contact Information:

  • Utah Department of Public Safety – Bureau of Criminal Identification (BCI)
    Address: 3888 West 5400 South, Taylorsville, UT 84129
    Phone: (801) 965-4445
    Website: https://bci.utah.gov

Costs and Filing Fees for Sealing and Expungement in Utah

When considering sealing or expunging a criminal record in Utah, it’s important to understand the associated costs. While the process can be empowering for individuals looking to move forward, there are specific fees involved. These include the Certificate of Eligibility fee, court filing fees, and in some cases, available fee waivers for those who qualify. Below is a breakdown of each component, written strictly in accordance with PeopleConnect’s compliance rules and FCRA restrictions.

Certificate of Eligibility Fee

Before you can request expungement through the Utah courts, you must first obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). This document confirms whether you meet the legal requirements for expungement. As of the latest updates:

  • The fee for the certificate is approximately $65 per application (subject to change by BCI).
  • This fee applies for each individual case you want to expunge.
  • The payment must be submitted directly to BCI, and the process may take several weeks depending on the volume of requests.

Keep in mind that requesting the certificate does not guarantee that your expungement will be approved by the court. The certificate is only the first legal step in the expungement process.

Court Filing Fees

Once you have obtained your certificate, the next step is filing a petition for expungement in the appropriate Utah district court. There are additional filing fees associated with this step:

  • The typical court filing fee is $150 per petition.
  • In some jurisdictions, there may be additional administrative charges or service fees for processing or serving documents.

These fees cover the court’s administrative processing of your request and do not include attorney fees if you choose to hire legal assistance (though hiring legal representation is not required to file a petition).

Possible Fee Waivers

Utah courts provide an option for individuals facing financial hardship through a fee waiver application. This may help reduce or eliminate some of the filing costs associated with the expungement or sealing process:

  • You can apply for a civil fee waiver using forms provided by the Utah State Courts.
  • Eligibility is typically based on income, public assistance status, or inability to pay court fees without hardship.
  • Waivers may apply to court filing fees, but not necessarily to the certificate of eligibility fee charged by BCI.

It’s important to follow instructions closely and include all required financial documentation when requesting a fee waiver. If approved, the waiver can make the process more accessible for qualifying individuals.

Can Expunged or Sealed Records Still Be Accessed?

Understanding what happens to your records after they are expunged or sealed in Utah is important for knowing your rights and privacy protections. This section provides clear information about how expunged and sealed criminal records are handled and who may have access to them.

Access by Government Agencies

When a criminal record is expunged or sealed in Utah, it generally means the record is hidden from public view and most routine background checks. However, certain government agencies may still have access to these records under specific circumstances. For example, law enforcement, courts, and other authorized government bodies can access expunged or sealed records for official purposes, such as criminal investigations or prosecution.

It is important to note that expungement does not erase the record entirely in all cases—it limits public access but does not necessarily destroy the underlying data in official databases. Access by government entities is carefully regulated by Utah law to balance privacy rights with public safety needs.

Impact on Background Checks

Expunged or sealed records typically will not appear on most public background checks, including those used by private employers or landlords. This means that for everyday personal or non-commercial purposes, these records are effectively hidden. However, because PeopleConnect’s services and similar public record search tools do not operate as Consumer Reporting Agencies (CRAs), they do not provide background reports for employment, tenant screening, or other FCRA-covered uses.

Therefore, expunged or sealed records should not be accessible through personal-use public records services. Nonetheless, certain specialized background checks conducted by authorized entities (e.g., government agencies conducting licensing or law enforcement checks) may still uncover these records when permitted by law.

Rights Restored After Expungement or Sealing

In many cases, sealing or expunging a criminal record in Utah can help restore certain rights to the individual. These may include:

  • Firearms Rights: Depending on the offense and expungement details, an individual may regain the legal right to own or possess firearms.
  • Employment Opportunities: While expunged or sealed records should not appear on most public background checks, individuals should understand that certain sensitive employment positions subject to government background checks may still access limited record information.
  • Licensing and Housing: Expungement can improve eligibility for professional licenses or housing applications, though some governmental agencies may still require disclosure depending on the nature of the record.

It is important to emphasize that these rights restorations vary by case and record type. Individuals should consult official Utah state resources or legal counsel for specific guidance.

FAQ’s

If you’re looking to understand how to seal or expunge criminal records in Utah or have any questions about the process, you’re in the right place! Here’s everything you need to know about clearing eligible records, understanding eligibility, and navigating the procedures under Utah law.

Can I expunge a DUI in Utah?

Yes, a DUI conviction in Utah can be expunged, but only under specific conditions. It must be a misdemeanor DUI, and at least 10 years must have passed since the case closed, including probation and any license suspension. You must also have no other convictions during that period. Felony DUIs are generally not eligible for expungement. Meeting these strict criteria is essential before applying for a Certificate of Eligibility.

Will expungement clear my FBI record?

Expunging a Utah criminal record removes the offense from public access, but it may still remain in federal databases, such as the FBI’s National Crime Information Center (NCIC). Utah does notify the FBI when a record is expunged, but full removal is not always guaranteed. However, once expunged, the information is generally inaccessible for most background checks and cannot be used against you in most civilian matters.

Can sealed records be reopened?

Yes, sealed records in Utah can be reopened under certain circumstances. While sealed records are hidden from public view, courts and authorized government agencies can access them if necessary. A court order can also reopen sealed records for specific legal reasons, such as re-investigation or new legal proceedings. Sealing helps protect privacy, but it doesn’t make the record disappear entirely like expungement does.

Do I need a lawyer for expungement?

You are not legally required to hire a lawyer for expungement in Utah, but legal assistance can be helpful, especially for complex cases. The process involves multiple steps: obtaining a Certificate of Eligibility, completing court paperwork, and attending hearings if needed. While many people handle expungement on their own, a lawyer may improve the chances of approval, particularly if your record includes multiple offenses or legal complications.