How do I get my criminal record expunged?
You start by either coming to BCI or going to our web page and printing off an expungement application. If you arrive at BCI to make application, you will be required to show a valid ID and pay a $65.00 fee to begin the process. If you make application through the mail, please follow the instructions included with the application obtained from our website.
Can I apply through the mail?
All processes dealing with expungements may be done through the mail. Even court processes can be handled through the mail.
Do I have to be fingerprinted even if you have my fingerprints on file?
Yes, fingerprints are required.
Do I need to hire an attorney?
No, you can do everything yourself. You will need to read the instructions that will be sent with each step of the process. The courts also have instructions to help you with the expungement process.
How long does it take to receive an answer back from BCI telling me if I qualify?
Since BCI receives between 300 and 400 applications each month it does take approximately 4 to 6 months to receive a response to your application. Please be patient and wait for a reply.
Can an expungement be expedited?
Acquittal can be expedited U.C.A. 77-40-104(2). All other applications are processed on a first in, first out basis.
How much does it cost?
To start the process, there is a $65.00 application fee. Upon review, if you are eligible for a certificate(s), a $65.00 fee will be charged for each conviction or plea in abeyance dismissal. There will be no certificate fees for dismissals, acquittals, or declinations. The court may also charge fees to file and complete an expungement. Please contact the courts for a schedule of their fees.
How do I find a phone number and address for the courts?
You may access the court’s web page at www.utcourts.gov or you may find court phone numbers in the blue section of the phone book.
Nothing is showing up on my record and I know I had an old charge. Does that mean it has “fallen off” my record?
Nothing “falls off” a criminal record. If you weren’t fingerprinted, it will not show up on our record, but it may show on the court’s records. You still need to go through the expungement process. BCI must receive a copy of the court docket, preferably submitted with your application, to complete the expungement process.
Once I receive a certificate from BCI, am I done with the process and will it be deleted from my record?
No. After obtaining the eligibility certificate from BCI, you must take the certificate to the court of judgement and the court clerk will provide you with instructions on how to receive the expungement order from the judge.
Can a judge refuse to issue an expungement order even if the certificate of eligibility was issued?
The judge has the final decision. If he/she doesn’t want to issue an order to delete the record, it is his/her choice.
Once I bring BCI an order from the judge, is the record really deleted and sealed with the State of Utah and the FBI?
Once an order signed by the judge is received by BCI, the record is deleted and sealed at both the State and the FBI. Please be aware that some expunged records can be released to agencies that have access to an expunged record U.C.A 77-40-109. The only other way to open an expunged record is with an order signed by a judge.
Once the expungement is complete, do I need to acknowledge the arrest/charge on an employment or licensure application?
Once the judge has issued the order and you have delivered all of the copies to the required agencies, unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual who has received an expungement of an arrest or conviction may respond to any inquiry as though the arrest or conviction did not occur. (U.C.A 77-40-108 (2))
How do I file for a juvenile expungement?
You will need to obtain a Criminal History Record report from BCI and take this report to the juvenile court where your case was handled.
How can I get my record from another state expunged?
You will need to contact the state in which the offense occurred and ask them about their expungement laws. Utah cannot do an expungement for another state.