Other Types of Expungements
Other Types of Expungements
Certain matters fall outside the scope of traditional expungement; however, other forms of post-conviction relief may be available. We provide guidance in identifying and pursuing appropriate legal avenues to address prior records.
Many of these expungement options must be handled directly through the courts. The following resources can help you access information and navigate the process:
Utah State Courts
Official court information, forms, and guidance
Utah Court Locations
Find court addresses and contact information
MyCase
Access and manage your court records online
Traffic Expungements
Traffic expungement inquiries go directly to the court that the case is through. You do not need to apply for expungement through BCI for those charges.
Strict Eligibility Requirement: Each and every individual offense documented within the case file MUST be classified as a traffic offense to qualify under this direct court procedure.
What Qualifies
Under Utah statutory guidelines, a qualified traffic offense means:
- An infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;
- An infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
- An infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act;
- An infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor Vehicle Act;
- An infraction or a class C misdemeanor offense under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act; and
- All local ordinances that are substantially similar to an offense listed in the state sections above.
Note: A "traffic offense case" means that each individual offense within the case is a traffic offense.
What is EXCLUDED
Conversely, a traffic offense explicitly does NOT mean:
- An offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
- An offense under Sections 73-18-13 through 73-18-13.6;
- An offense under Section 41-12a-302 for operating a motor vehicle without owner's or operator's security;
- An offense under Section 41-12a-303.3 for providing false evidence of owner's or operator's security; or
- Any local ordinance that is substantially similar to an alcohol-related driving offense or reckless operation criminal charge.
Cannabis Expungements
Cannabis expungement inquiries go directly to the court that the case is through. You do not need to apply for expungement through BCI for those charges.
To petition the court directly for a cannabis conviction, you must demonstrate to the court that at the time of the arrest or citation:
- You had a qualifying condition as defined by Utah statutory guidelines.
- The cannabis was in a form and amount intended to medicinally treat that specific qualifying condition.
Statutory Reference: Review the specific legal criteria and medical thresholds outlined under Utah Code 26B-4-201.
Board of Pardons
If you have been denied an expungement through the Bureau of Criminal Identification (BCI), you may look into alternative state channels regarding pardoned expungements for Utah criminal records.
External Resource Link: Visit the official web portal of the Utah Board of Pardons & Parole at bop.utah.gov for detailed information and eligibility guidelines regarding pardons.
Vacatur (Human Trafficking) Expungements
Individuals with convictions related to human trafficking may be eligible to have those convictions vacated. This process allows qualifying offenses to be set aside when they resulted from trafficking or exploitation.
Use the following forms after the courts have granted your vacatur:
Plea in Abeyance Expungements
Under Utah Code 77-2a-3, a plea in abeyance allows the court to dismiss the case upon successful completion of the agreed conditions, and if provided in the plea agreement, the court may order the case expunged. The expungement is processed by court order, and members of the public should contact the court for further information.
To obtain a copy of your expungement information, complete and submit the Expungement Application below:
π Expungement Verification Application (PDF)Petition for Early Removal of Name From the Sex/Kidnap/Child Abuse Registry
This form is to be used by those seeking to remove their name from the Sex, Kidnap, and Child Abuse Offender Registry.
π Application for Removal of Name From the Sex, Kidnap, and Child Abuse Offender Registry (PDF)Petition for Early Removal of Name from the White Collar Registry
This form is to be used by those seeking early removal of their name from the White Collar Crime Registry.
π Application for Removal of Name From the White Collar Crime Registry (PDF)