Sealing and Expunging Criminal Records in Utah

Since criminal records are public information in Utah, record holders may risk losing social capital and opportunities. They may face decreased chances of securing jobs, obtaining professional certifications, or being elected or selected for political positions due to their criminal history. The amended Utah Expungement Act of 2010 allows these records to be sealed, making them inaccessible to the public. Unlike most states, Utah statutes do not have any provisions for the destruction of records. As such, expungement and sealing are used interchangeably to refer to the restriction of criminal records. Consequently, these records may be unsealed by court order if all eligibility requirements are met. The 2019 Clean Slate statute, known as HB431, allows for the automatic expungement of records for certain non-convictions, infractions, and misdemeanor crimes.

The Difference Between Sealing and Expunging Criminal Records

Sealing a criminal record restricts it from public view; however, interested persons may have access to the record with the court’s approval. On the other hand, expungement refers to the removal or destruction of a criminal record in all its available forms. In Utah, sealing case files is the same as expunging a case file. As such, some government officials may review expunged records, and the court may reverse the expungement order under some conditions.

How to Seal a Criminal Record in Utah

The process involved in sealing a criminal record is the same as that used for expunging criminal records in Utah. Unlike other states, Utah courts consider sealed criminal records expunged. The process involved includes:

• Review the guidelines and check eligibility requirements.
• Apply for the certificate of eligibility from the Bureau of Criminal Identification.
• Fill out the necessary forms for the petition and file it at the appropriate court.
• Send the proper copies of the petition to the prosecuting attorney
• Once the request to seal the criminal record is granted, obtain certified copies of the expungement order.
• Send copies of the order to the various agencies that have records of the criminal act or conviction.

What Crimes Can Be Expunged in Utah

In Utah, certain misdemeanor and felony crimes can be expunged under specific circumstances. Below are the eligible crimes for expungement as provided by the Utah Code Ann. § 77–40–105(4):

• Two drug felonies and three-drug misdemeanors
• Two Class A misdemeanor crimes
• Three Class B misdemeanor crimes
• Four convictions of any degree
• A felony case

Under the Utah Code Ann. § 77–40–105(2)(a), capital crimes, first-degree and violent felony crimes, vehicular homicide, and sex-related offenses are all exempted from expungement.

Can a Felony Be Expunged in Utah?

Under Utah Code Section 77-40a-305, some convictions, even felonies, may be expunged. Moreover, under Utah Code 76-3-402 (Rule 402), there is a provision for a charge reduction, which allows a charge to be reduced to a lower offense, thereby making it eligible for expungement.

However, some crimes are so heinous that they are not eligible for expungement under any circumstances. For instance, murder, automobile homicide, felony DUI, sex offences leading to offender registration, and child abuse leading to offender registration cannot be expunged.

Some eligibility conditions for expungement in Utah include:

• The individual must have waited 10 years after completing the terms of their sentence
• The individual must be free of charges during the waiting period
• The individual must not have any pending charges
• The offence is not a violent felony, child abuse, or sexual offence

To initiate an expungement, the individual must apply to the Utah Bureau of Criminal Identification (BCI) for a certificate of eligibility. Next, they will file a petition with the court where the case was decided and serve a copy of the petition on the prosecutor. The court would schedule a hearing. The judge is at liberty to apply discretion in deciding whether to grant the petition. If the judge is convinced that the individual is rehabilitated and finds “good cause” to grant the petition, for instance, due to an inability to secure employment as a consequence of the record, they may approve it. Petitioners should therefore attach such supporting evidence to their petitions.

How to Expunge Criminal Records in Utah

An expungement order in Utah covers all forms of records attached to a case. Once an offender’s files are expunged, the record holder may deny that the arrest or conviction ever happened during an inquiry. In Utah, criminal records are generally expungeable with the following steps:

• The first step is to get a certificate of eligibility issued by the Utah Bureau of Criminal Identification for $65 before filing a petition. The Bureau of Criminal Identification conducts a background check to obtain the petitioner’s complete criminal history. The applicant will be notified if they are deemed eligible.
• After the certificate of eligibility has been received from the Bureau of Criminal Identification, the requester must file the necessary papers at the court because the certificate is only valid for ninety days from the issuance date. The fees required include a petition filing fee of $135, a certified copy fee of $6, and a $2 fee for offenders who obtained an expungement application form from the court. There are two different petition forms: one for violators convicted of a crime, and the other for persons acquitted or had cases dismissed. File the form at the court that gave the verdict. Requesters should make copies of the documents before filing the originals. Applicants who cannot afford the filing fee may qualify for a waiver.
• Under the Utah Code Ann. § 77–40–107(1), copies of the certificate of eligibility, the petition, and acceptance of service documents are handed over to the prosecuting attorney with a self-addressed envelope to receive a response after review. A reply will come within the next sixty days, after which the court can decide to schedule a hearing or grant the request. If the prosecutor has an objection, it will be filed within 35 days, and the court will fix a hearing date. Petitioners are generally required to be present and show that the certificate of eligibility and petition are authentic. It then shows that expunging the record is not against public interest and has met the statutory requirements.
• Once the judge reviews and signs the expungement order, the petitioner will receive a notification and must distribute the order to all the necessary government agencies involved. Court clerks send certified copies to the Bureau of Criminal Identification, the arresting agency, the prosecuting agency, the booking agency, and keep a copy for future reference.

Do Sealed Records Show up In Utah Background Checks?

The Bureau of Criminal Identification, which also handles expunged and sealed criminal records in the state, also does background checks in Utah. Once a sealing order is in place, the files will not show in background checks conducted by members of the public.

Who Can See Sealed Criminal Records in Utah

The Bureau of Criminal Identification maintains all expunged records. Although the files are inaccessible to the public and other agencies without a court order, some agencies may access special requests backed by Utah Code Section 77–40–109. Examples of such agencies are:

• The State Office of Education
• The Board of Pardons and Paroles
• Division of Occupational and Professional Licensing
• Peace Officer Standards and Training

Those involved in a civil action that originates from the individual’s crime may view sealed case documents. Although access is granted following a court order, the information in the record must remain confidential.

How Can I Get My Record Expunged for Free in Utah?

The cost of expungement in Utah depends on whether the individual qualifies for waivers and whether they are self-representing or hiring an attorney. The individual requires a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). This costs a non-refundable fee of $65. To begin, the petitioner must fill out and submit a request form.

Additionally, there is a filing fee at the court of approximately $150. If the petitioner decides to hire an attorney, the cost could be roughly $1,000 or more. Under HB 352 and SB 163, low-income Utah citizens may have expungement fees waived. The BCI could also waive the certificate fees if the petitioner qualifies.

For petitioners with limited budgets, they may explore the pro bono services offered by the Utah Bar Association and other local legal aid groups and nonprofits. There are also self-help resources that could guide them in filling out documents appropriately.

Petitions for expungement typically include:

• The name of the petitioner
• Court of conviction
• Date of birth
• Social Security Number
• Charges to be expunged
• Case disposition

How to Obtain Sealed Records in Utah

In Utah, sealed records may be obtained if the requester has a court order. Interested persons will need to send a request to review the sealed record, stating the reason to access the case file. If the court grants the petition, the requester will have access to the sealed document.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be useful for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.