Important Expungement Fee Information
If your application is processed BEFORE May 4, 2022 and you qualify for an expungement, you will be required to pay additional fees for information you will need to provide the court(s) to continue the process. And, you have 90 days to provide the information to the appropriate court(s).
Because of a change in the law, if your application is processed AFTER May 4, 2022 through June 30, 2023, and you qualify for an expungement, you will not have to pay the additional fees for information you will need to provide the court(s) to continue the process. And, you will have 180 days to provide the information to the appropriate court(s).
Traffic and 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. If you are trying to expunge a traffic or cannabis charge, follow the court’s directions found below.
U.C.A. 77-40a-101(10) defines “expunge” as means to seal or otherwise restrict the access to the petitioner’s record of arrest, investigation, detention, or conviction held by an agency. According to U.C.A. 77-40a-401(2); after a charge is expunged, the petitioner may respond to any inquiry as though the arrest or conviction did not occur. After BCI receives an “order of expungement” signed by a judge, the Bureau completely deletes all information about the charge. The information is stored in an expungement file, and can only be accessed by agencies listed under U.C.A. 77-40a-403(b).
For a list of frequently asked questions regarding expungements click here.
Form needed to obtain a juvenile record expungement certificate click here.
Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification (BCI). This includes incidents in all states and previous expungements. We will conduct a thorough background check and you will be notified by mail of your approval or denial. Click here to download the Expungement Application Form.
Reasons for Denial
- Capital felony U.C.A. 77-40a-303(1)(a)(i)
- First degree felony U.C.A.77-40a-303(1)(a)(ii)
- Violent felony U.C.A.76-3-203.5 (1)(c)(i)
- Felony automobile homicide U.C.A.77-40a-303(1)(a)(iv)
- Felony DUI alcohol/drugs U.C.A. 41-6a-501(2)
- Registerable sex offenses U.C.A. 77-41-102
- A proceeding is pending or being investigated U.C.A 77-40a-303(1)(b)
- Statute of limitations has not been met U.C.A. 77-40a-302(6)(d)
- Fines, interest, and restitution not paid U.C.A. 77-40a-303(3)(a)
- Time required by law not met U.C.A. 77-40a-303(3)(c)
- Two or more felony criminal episodes U.C.A.77-40a-303(5)(a)
- Any combination of three or more convictions that contain two class A Misdemeanors U.C.A. 77-40a-303(5)(b)
- Any combination of four or more convictions that contain three or more Class B Misdemeanors U.C.A. 77-40a-303(5)(b)
- Five or more misdemeanors or felony episodes U.C.A. 77-40a-303(5)(d)
Minor regulatory offenses as Defined in U.C.A. 77-40a-101(12)(a), are not counted when determining if a person is eligible or not for an expungement.
Expunging Traffic Offenses as Defined in U.C.A. 77-40a-101(14)(a)
Most traffic offenses can be expunged without limit as long as time periods have been met and have no pending cases or fines owed. Traffic charges are not included in determining if a person is eligible for future certificates of eligibility and expungement. When expunging a traffic offense the record will only be deleted from court records and will not affect the Utah State Driver License files. Decisions are made according to Utah state statute. Go to le.utah.gov and select “Utah Code/Constitution” link to search by title. Time period does not begin until all confinement and probation has been completed.
10 years – DUI/DWI/Impaired Driving
7 years – Eligible Felonies
5 years – Class A Misdemeanor
4 years – Class B Misdemeanor
3 years – Class C Misdemeanor and infractions
30 – 180 days – Dismissals
There are no limits on the number of infractions that may be expunged.
Additional class after 10 years U.C.A. 77-40a-303(8)
If a least 10 years have elapsed from the date the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for all convictions then each numerical eligibility limit defined in Subsection (5)(a) and (b) shall be increased by one and (b) each numerical eligibility limit defined in Subsection (5)(c), (5)(d) and (6) are not applicable and the bureau may issue a certificate of eligibility if (i) the individual is otherwise eligible; and (ii) the highest convicted offense in the criminal episode for each conviction is (A) a class B misdemeanor (B) a class c misdemeanor (C) a drug possession offense if none of the non-drug possession offenses in the criminal episode are a felony or a class A misdemeanor; or (D) an infraction.
Drug Possession Offenses
Your expungement eligibility will be based upon your total criminal history,
Not just what has been reported to the Bureau of Criminal Identification (BCI)
This includes incidents in all states and previous expungements, we will
Conduct a thorough background check and you will be notified by mail or email of your approval or denial.
In ADDITION to criteria for non drug possession offenses, the petitioner is allowed up to 4 drug possession offenses eligible for expungement.
Drug Possession Offenses defined in U.C.A. 77-40a-101(9)
Drug Offenses NOT defined as a drug possession offense
Possession of 100 pounds or more of marijuana U.C.A. 58-37-8(2)(b)(i)
Enhanced for violation in a correctional facility U.C.A. 58-37-8(2)(e)
Driving with a controlled substance illegally in the person’s body and negligently causing serious bodily injury or death of another U.C.A. 58-37-8(2)(g)
Reasons for denial for Drug Possession Offenses
Both a drug and non drug related offense in the same criminal incident
As defined in U.C.A. 77-40a-303(7)
The criminal episode shall be counted as a NON drug related offense if any non drug possession offense in that episode is: a felony or class A misdemeanor; or has the same or a longer waiting period under 77-40a-303(7)(b) than any drug possession offense in that episode.
Decisions are made according to Utah state statute. Go to le.utah.gov
Select Utah code/Constitution link to search by title.
Time period does not begin until all confinement and probation has been completed.
Time periods for Drug Possession Offenses
5 years-Class A Misdemeanor or Felony
4 years-Class B Misdemeanor
3 years-Class C Misdemeanor and infractions
Dismissals-Statute of limitations has expired
There are not limits on the number of infractions that may be expunged.
If you have questions you may contact the Expungement Section for further information at (801) 281-5198 or firstname.lastname@example.org.
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