• 12
  • July
    2011

After determining an initial eligibility for an expungement, an individual needs to jump through a few legal hoops to get the expungement approved. The following is an overview of these requirements:

Completing a Utah Expungement

First, an individual (now known as the petitioner) must petition the Bureau of Criminal Identification of the Utah Department of Public Safety to obtain a certificate of eligibility to expunge his or her arrest or conviction record.

Issuing a Certificate of Eligibility

The BCI reviews the petitioner's record by checking state and federal databases for criminal records related to the petitioner (including already expunged records). If, after reviewing, the bureau finds that the petitioner is eligible for expungement, the agency issues a certificate of eligibility that is good for 90 days.

Notification

Within those 90 days, the petitioner must file the certificate and a petition for expungement with the court where the original case was heard. (If there was no proceeding, the petitioner must file in the state district court in the district in which he or she was arrested.)

Petitioner must also notify the prosecuting attorney in the original matter. (So the prosecutor can notify any victims involved). If there was no legal proceeding, the county attorney in the county of arrest must receive notice. Also, the court may request feedback and information from the Division of Adult Probation and Parole of the Utah Department of Corrections.

Objections to the Expungement

Either the prosecuting attorney or victim of the crime can protest the request and submit either recommendations or objections to the court. If an objection is made, the court must hold a hearing at which anyone with important knowledge may testify. If no objections are received the court may decide on the petition without testimony and issue the order of expungement.

Granting the Expungement

If the petitioner is granted an expungement by the court, he or she is responsible for delivering certified copies of the court order to any state entity or official that has related records so they can be sealed. These may include the court, law enforcement, corrections and the BCI. Only the agencies that receive copies will seal the petitioner's records.

The procedural requirements for obtaining an expungement in Utah are complex and necessitate a number of requirements. Hiring an experienced Utah expungement attorney to ensure all obligations are met is vital.