Are you unsure if you qualify for expungement?
First, get a copy of your court records. How you do that depends on whether you know your case numbers.
If you know your case numbers, find your information online for free through MyCase.
If you don't know your case numbers, ask the Utah State Courts Self Help Center:
Email email@example.com or Text 801-742-1898 or Call 888-683-0009.
When you contact them, give them your date of birth and full name. Include all names you use (nicknames and aliases). If you have a two-part last name or two middle names, tell them which ones are middle names and which are last names.
The Self-Help Center will send your case numbers in 1-2 business days. If you can’t wait, you can pay $5 to use Xchange. This lets you search for your cases. The $5 is a credit to pay for your cost of using the system.
It costs $0.20 for each search and $0.50 to view each document.
Once you have your court records, compare them to the screening tool or the chart. You should be able to determine if you can ask to expunge your record.
This might be the most convenient option for you, unless you live around Salt Lake City.
To request and receive a copy of your record through the mail, you need to print this form, fill it out, and send it to the Utah Bureau Criminal Investigation.
It takes 7 steps and requires access to a printer and a photo-copier, and envelope and stamps, a valid government ID, and a credit card or a $15 check, money order, cashier’s check made out to “BCI”
Here’s how to do it:
Your record will be sent to the mailing address you write in the form.
If you live around Salt Lake City, you might want to request your record in person. This means that you can file the required paperwork in a government office, but it will still take time for them to mail it to you - you will not receive it on the same day.
This means that you will file the request form at the Bureau of Criminal Identification’s office. You’ll need to provide your valid government ID, and pay the $15 fee in person too.
Requesting in person requires 5 steps, and you’ll need the ability to travel to Salt Lake City and a valid government ID. To pay, you will need a credit card, $15 cash, or a check, money order, or cashier's check for $15 made payable to “BCI”
Here’s how to do it:
If some or all of your record is not eligible for automatic expungement under Utah’s Clean Slate law, you may need to petition the court to get your record cleared. Clean Slate Utah is here to help get you started.
Need some help? Click here to check out the Legal Resources page.
There are three ways to find out what is on your criminal record. Click on the links below to learn more.
The easiest way to determine your potential eligibility for an expungement is to obtain a copy of your court records. Once you have a copy of your court history, the next step is to use it to find out if you have the type and number of cases that would be eligible for expungement.
While some individuals will be eligible for automatic expungement, individuals with certain types of misdemeanor or felony records will not qualify, and must petition the court to get the rest of, or all of their record expunged.
Utah’s Expungement Act sets forth the rules for expunging criminal records under Utah law. Under the Act, individuals with both misdemeanor and felony conviction records may be eligible for expungement.
Here is a chart that generally describes who is eligible to expunge their record under Utah's petition-based expungement process:
*The “waiting period” refers to the amount of time an individual must be conviction free in order to be eligible for expungement. Unlike the automatic expungement process, the waiting period for the petition-based process begins to run from the latest of the following dates:
Individuals who have not completed probation or parole are not eligible to expunge their records. In addition, individuals must have paid all fines, fees, and restitution ordered in a case they want to expunge.
Exclusions: While Utah law allows most types of records to be expunged, due to their nature, certain types of records cannot be expunged under Utah law. These include capital felonies, certain violent felonies, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses. If you have one of these types of offenses on your record, and would like to try to get it removed, you will need to go through the Utah Pardon process. For more information about that process click here.
Click here for an overview of the expungement process and use this free screening tool may be able to help you determine whether you are eligible to expunge your criminal record.
Have more questions or still not sure if you're eligible?
Rasa is a new Utah public benefit corporation that offers low-cost legal consultations to help people determine whether they are eligible. To sign up for one of those appointments, click here.
Click here to check out our legal resources page.
If you know what is on your record, and think you are eligible for an expungement, the next step is to apply. This will require you to fill out an application, provide your fingerprints and show some form of identification. The application fee is $65 and the form can be found here: https://bci.utah.gov/expungement-forms-and-applications/
If you have already applied for an expungement, and have a question about your expungement matter, reach out to Clean Slate Utah at firstname.lastname@example.org. If you have questions about the petition-based process, you can also reach out to BCI at email@example.com or call them at (801) 281-5198.
Once you have applied to BCI, and they have confirmed you are eligible, the next step is to file a petition with the court to clear your record. Need help?
Salt Lake County's Expungement Toolkit provides free fillable forms to help you complete the paperwork needed to expunge your record.
Click here to check out our Legal Resources page.