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:

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.

πŸ“„ Application for Board of Pardons Expungement Order(s)

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:

πŸ“„ 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.

πŸ“„ 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.

πŸ“„ Application for Removal of Name From the White Collar Crime Registry (PDF)