Expungements Next Steps

Next Steps

Once you submit your application to BCI, it will be thoroughly researched to determine which specific historical incidents are legally eligible for expungement.

We are currently processing expungement applications that were received on loading date...

After the Application

Once BCI has processed your application, you will receive a letter (or email) indicating:

  • Which incidents are eligible for expungement or
  • That the expungement has been denied, in which case you must submit a written request for an appeal within 30 days from the date on the denial letter by email ([email protected]) or by mail.

If You Are NOT Filing a Fee Waiver

You must purchase a Certificate of Eligibility from BCI for each incident you want to send to the court for expungement.

If You Are Filing a Fee Waiver

You do not purchase certificates at this stage. Instead, you will submit your fee waiver request with your court filing.

Note: A Certificate of Eligibility does not guarantee the incidents will be expunged by the court. It is your responsibility to understand the laws and procedures for expungements (see Utah Code 77-40a). Prosecutors and victims may object for various reasons. BCI will not refund any fees for the application or certificates of eligibility purchased due to a denial of a petition.

File the Petition with the Court

You have 180 days (including weekends and holidays) from the date listed on your letter to petition the courts for an expungement order.

If you do not file your petition within 180 days:

  • Your certificates will expire
  • You will need to reapply
  • All fees are non-refundable

After receiving your letter and certificates of eligibility, you will need to file with the appropriate court(s) listed in the letter. (See court locations here). You'll need to include the following items. (Click to download the forms, or find forms on the court's expungement site). If your certificates are for multiple courts, you will need to file a petition with each court.

  • Cover Sheet (confirm with the court if this is required)
  • Petition to Expunge Records with Certificate of Eligibility
  • Order on Petition to Expunge Records with Certificate of Eligibility

If You Are Filing a Fee Waiver

  • Include your fee waiver application with your court filing

After filing the forms with the court(s), follow up with any additional instructions given by the court.

Fees

If You Are NOT Filing a Fee Waiver

  • You must pay BCI for each Certificate of Eligibility.
  • Each court charges its own filing fee, as set by the individual court.

If You Are Filing a Fee Waiver

  • If the fee waiver is approved, you will not be required to pay Certificate of Eligibility fees to BCI or court filing fees.
  • If the fee waiver is denied, you are responsible for all Certificate of Eligibility fees and court filing fees.

Important: BCI will not complete final expungement processing until all required fees are paid.

If you need help with this step in the process, please contact the Utah State Courts Self-Help Center at
888-683-0009

Respond to any Objections

The prosecutor or victims may object to your expungement. Make sure to attend any court hearings. You can also file a:

  • Reply to Victim's or Prosecutor's Statement (also on the court's expungement site)

Distribution of Expungement Order(s)

If the court grants your request, your records will be expunged. Once the court expunges your record, the court will send BCI an electronic Order to Expunge. BCI will inform all available agencies listed in the case of the expungement. You may choose to send a copy of the Order to Expunge to the agencies as well.

  • BCI will expunge the records from the Utah Criminal History database and notify the FBI to remove their records.
  • A letter will be sent to you indicating the removal of BCI records and notification to the FBI to remove their records.

Remember to keep a copy of all expungement orders and paperwork for your own records.