How to Expunge Your Adult Criminal Record in Utah: Part 2

Now that you understand how expungements work, this is what you need to know to begin the process and find the right lawyer to get the job done. 

How Do I Get Started with Expungement? 

If you meet the criteria to have your record expunged, you can apply for a certificate of eligibility, which is issued by the *Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety. 

*BCI receives approximately 700 applications a month, and it may take up to 10 weeks to get a response to your application.

If the BCI grants you a certificate, you will have 90 days to petition the court. You must petition the court for expungement through the office of the prosecutor or the county or district attorney. 

The following is a timeline of events that may occur once you petition the court:

• The prosecutor will notify the victim of the crime that a petition to expunge has been filed. (If the crime had no victim, the prosecutor has the opportunity to file a statement.)
• They have 30 days to file a statement objecting the petition. 
• If the prosecutor or victim files a statement, they must serve the documents on the petitioner (you). 
• The petitioner may file a reply within 15 days after receiving the statement.
• The court may order the Division of Adult Probation and Parole (AP&P) to prepare a written response to the petition. AP&P will file the response. The response may include the reasons probation was terminated, and whether the petitioner has completed all requirements of sentencing, probation or parole. AP&P will serve the response on the petitioner, the prosecuting attorney, and the victim. 
• The petitioner may file a reply to the AP&P response within 15 days after receiving it.

Depending on how these events play out for you, you may have to participate in a hearing to determine if your record will be expunged. 

What Happens If My Record is Expunged?

The court will expunge the record it if determines by clear and convincing evidence that the three stipulations below are true:

• The statutory requirements have been met
• The petition and certificate of eligibility are sufficient
• Expunging the records is not contrary to public interest

If the court grants the petition, it will enter an order to expunge the petitioner's records of arrest, investigation, detention, or conviction held by any state, county, or local government entity.

Limitations of the Order to Expunge
The expungement order does not do the following:

• Remove any evidence relating to the petitioner which the administrative body has used or may use
• Affect the enforcement of an order issued by an administrative body before issuance of the expungement order
• Affect any administrative proceedings of which the petitioner had notice before issuance of the order

Find an Experienced Expungement Lawyer in Utah 

This information is only meant to help educate you on the basic rules and limitations of getting your adult record expunged. The process can be complicated and frustrating, but our experienced team of lawyers at Brown, Bradshaw, and Moffat can help you navigate the process and get your record expunged correctly as quickly as possible. 

Call us today at (801) 532-5297 to discuss your case. We can usually tell you on the phone if you qualify for expungement and what to do next.