Expungement Procedures How to get an expungement in the Justice Court: -Eligibility Certificate: You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI). You will be required to pay a fee for this certificate. BCI is located at 3888 West 5400 South, Salt Lake City, Utah. BCI's phone number is 801-965-4445. -Completion of the Petition: You must then fill out a Petition for Expungement and a Receipt, Consent and Waiver of Hearing. These forms may be obtained at the Utah County Justice Court or you may print them from the Justice Court website. Make sure you complete both forms, sign and date the petition. -Serving the Petition: The Petition, Receipt, Consent and Wavier of Hearing and Eligibility Certificate must be served on the prosecuting attorney. The Utah County Attorneys Office is located at 100 East Center St., Suite 2100, Provo, Utah. Unless a stipulation is obtained, expungement may not be granted until 30 days after service of the petition. This allows time for the prosecuting attorney to file a written objection to the petition and for the court to order an evaluation, if necessary. If an objection is filed, the court must set a hearing and notify the prosecuting attorney and the petitioner of the hearing date. If the Receipt, Consent and Waiver of Hearing is signed by the prosecutor: you must present the completed petition, signed copy of Receipt, Consent and Waiver of Hearing, the Elegibility Certificate and a copy of your Drivers License or picture ID (all originals) to the Court along with the filing/processing fee of $135.00. Note : According to Utah Code, if you were arrested but no charges were filed, or if you were acquitted, there will be no filing fee to expunge those charges from your arrest record. -Findings of the Court: If the court finds that you are eligible and no objections have been received, the court will grant expungement. The court shall enter an order to expunge all or a portion of the case records in the custody of the court, or of any other agency or official. -Your Responsibilities: You, not the court, are responsible to distribute the expungement order to the various criminal justice entities which may have been involved in the case. If you live out of state and are completing expungement 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 may include: Arresting Agency, Booking Agency, Bureau of Criminal Identification, F.B.I, Corrections (Adult Probation and Parole), and the Prosecuting Attorney. Information and Addresses for local agencies will be provided by the court clerk. The Court will provide you with (7) certified copies of the Expungement Order. The cost is $31.50. (You may not need all seven copies, however, do not destroy them, once the record is sealed you will not be able to obtain more copies.) List of Agencies Frequently Asked Questions How do I start the expungement process? To get an expungement, you must seek and receive a certificate of Eligibility for Expungement from the Utah Bureau of Criminal Identification. Some factors that may result in denial of this certification 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 (for a felony, or class A or class B misdemeanors), not stemming from a single arrest. Forcible 2nd degree felonies A previous felony expungement One or more pending arrest(s) Conviction of a sexual offense against a minor Registered sex offender status Court records indicate that the case is still open Disposition information is missing, and discretion of eligibility is not given. When is expungement allowed? Alcohol related traffic offenses (Title 41).................... 10 years Class A misdemeanors ................................................. 5 years Class B misdemeanors ................................................. 4 years (effective 5/11/2010) All other misdemeanors & infractions ..........................3 years Arrests without filing of charges .................................. 30 days Proceedings Commenced & Dismissed................... 30 days Acquittals ...........................................................................30 days How much does an expungement cost? The filing fee for expunging a case covers offenses related to one criminal episode. If multiple cases from separate criminal episodes exist, separate filing fees must be paid for each case. *Filing Fee is $135.00. Note: According to Utah Code, if you were arrested but no charges were filed, or if you were acquitted, there will be no filing fee to expunge those charges from your arrest record. What must I bring when I apply for an expungement? A form of picture identification must be presented at the time of application. What happens if my petition for expungement is granted? If the court grants the petition for expungement, all of your court records will be sealed and the matter treated as if a record never existed. Expungement Petition
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