How do I get my criminal record expunged?
You can either come into our BCI office or on our website. If you choose to come into the office, we have the applications here, you will be required to show valid ID, pay $65, and do ink fingerprints. If you choose to go online, you can find our application under the forms and app. Tab, you will be REQUIRED to submit application, fee, fingerprints via mail, email or drop off in person.
Can I apply through the mail?
All BCI processes dealing with expungements may be done through the mail
Do I have to be fingerprinted even if you have my fingerprints on file?
Yes, fingerprints are required, even by mail/ email.
Do I need to hire an attorney?
No, you can do this process yourself, step by step instructions will be provided to you every step of the process. However, you can have an attorney if you choose.
How long does it take to receive an answer back from BCI telling me if I qualify?
BCI receives many applications every month, it can take UP to 1-2 months to receive a response on your application. Please be patient and wait for a reply.
Can an expungement be expedited?
No. Applications will be processed first come, first serve.
How much does it cost?
To start the process, there is a $65 application fee that must be paid at time when you submit the application. Upon review, if you are eligible for certificate(s), a $65 fee will be charged to each case (conviction & plea in abeyance). No is no certificate fees for dismissals, acquittals, or declinations. The court will also charge a fee to file. Please contact the court for more information on 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 the court phone number / address on Google.
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. Victims will be notified and can also request you no remove said offense.
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 77-40a-403(2)(b). 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 77-40a-401(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.