In Utah, your criminal record may be expunged -- that is, erased or sealed -- under the circumstances described below. If your record is expunged, it will no longer be visible to the general public, including potential employers. In most cases, you may say that you were never arrested or convicted of a crime.
A record of arrest, investigation, or detention for a crime may be expunged if:
To qualify, at least 30 days must have passed since the arrest and there must be no other criminal cases pending against you.
(Utah Code § 77-40-104.)
In Utah, many criminal conviction records may be expunged. The following offenses, however, do not qualify for expungement unless you are pardoned by the Utah Board of Pardons and Parole:
In addition, your conviction record will not qualify for expungement if:
Finally, you must satisfy the following waiting periods before applying to expunge your record. These wait times run from the date you were convicted or released from probation, prison, or parole, whichever is later.
(Utah Code § 77-40-105.)
Before applying to expunge your criminal record, you must obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification. You must then file your petition for expungement in the court that heard your case or, if there was no case against you, in the district court of the county where you were arrested.
For detailed information about filing for expungement, see the Utah State Courts website.
Cleaning up a criminal history can be complicated. If you are not sure whether your record qualifies for expungement in Utah -- or for advice about your personal situation -- you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.