Contact With Us
Clear Your Record. Protect Your Future.
A criminal case can follow a person long after it is over. In Utah, public court case information can be searched through Xchange, and criminal history information may also surface through background-check processes used by employers, licensing bodies, and other agencies. That can hurt job prospects, housing opportunities, professional licensing, and reputation, and in some situations, foundational legal rights and opportunities. Even if the person pleaded to a lesser charge, the original charge (as well as a probable cause description of the allegations) often remains public record.
Expungement can be a monumental leap toward the next chapter in life. Expunged cases are not displayed on Xchange, and Utah law provides that after an expungement is granted, a person may generally respond to most inquiries as though the arrest or conviction never happened!
What Is an Expungement in Utah?
- General Provisions (§77-40a-101 et seq.)
- Arrests and Investigations (§77-40a-302)
- Convictions (§77-40a-303)
- BCI Certificate Process (§77-40a-304)
- Petitions & Hearings (§77-40a-305 & -306)
- Effect of Expungement (§77-40a-401 & -403)
In plain terms, an expungement clears or seals a record from public inspection. Many people assume expungement is only for convictions. That is not true. Depending on the circumstances, Utah law may allow expungement of arrest records, charges that were filed and later dismissed, charges that were never filed, and charges that were dismissed after successful completion of a plea in abeyance.
Who Qualifies for Expungement?
Eligibility depends on the person’s entire criminal history, not just one case. Utah’s expungement rules look at the type of offense, the number of convictions on the individual’s record, whether enough time has passed, whether fines, fees, interest, and restitution have been paid, whether there are pending criminal proceedings or investigations, whether the person is still incarcerated or on probation or parole, and whether any criminal protective order or similar order is still in effect. The waiting periods can vary from roughly 30 to 180 days for many dismissals and 3, 4, 5, 7, or 10 years for certain convictions, depending on the offense and the full criminal history.
Out-of-state cases matter too. The Bureau of Criminal Identification (BCI) states that expungement eligibility is based on a person’s total criminal history, not just what appears in Utah’s files, and that includes incidents in all states and previous expungements. That is one reason online checklists can be misleading. Don’t assume that you qualify or do not qualify for expungement; the best way to find out is contact an attorney for a case-specific review.
What If You Do Not Qualify Right Now?
Not qualifying today does not always mean the answer is no forever. In some cases, a person may need additional legal work before expungement becomes possible. Depending on the facts, that can include post-conviction motions or other court action aimed at improving the record or changing the level or status of a conviction. It may be possible to lower the degree of a conviction under Utah Code § 76-3-402, sometimes called a 402 motion, and Utah law also recognizes vacatur relief in some situations. These kinds of issues are highly case-specific, but they can make all the difference in long-term expungement strategy.
How an Attorney Can Help
Navigating your way to a clean record can be overwhelming. An attorney can offer critical counsel and take major steps on your behalf, including:
- review your complete Utah criminal history
- determine whether additional pre-Petition actions may help your eligibility or goals
- help you apply to BCI for a certificate of eligibility
- prepare and file the petition and supporting paperwork with the correct court
- respond to objections from prosecutors or victims
- represent you at the court hearing & advocate for your worthiness to the judge
Putting your best foot forward at the court hearing stage can be especially critical. Utah law gives prosecutors and victims the right to file objections. If an objection is filed, the court must set a hearing, and the petitioner, prosecutor, victim, and others with relevant information may testify. Even when there is no objection, the process still involves deadlines, court rules, and careful paperwork for which proper legal representation is often invaluable.
How Long Does the Process Take?
Every case is different, but many petition-based expungements take roughly 3 to 6 months from start to finish. Timing can vary depending on how long BCI takes to process the certificate request, how quickly the court handles the petition, and whether any objection is filed. The law builds in deadlines for prosecutorial and victim responses before the court can decide whether to grant the petition or set a hearing.
Start Moving Forward
A past criminal case — even several of them — should not define the rest of your life. Regardless of whether you qualify yet for expungement, speaking with an attorney can help you understand your options and avoid costly mistakes. In the right case, a granted expungement can remove a major barrier to employment, housing, and peace of mind, and help you move forward to the next chapter in life.