UTAH CRIMINAL EXPUNGEMENT ATTORNEY

Utah Code Ann. 77-18-10

(1) A person who has been arrested with or without a warrant may petition the court in which the proceeding occurred or, if there were no court proceedings, any court in the jurisdiction where the arrest occurred, for an order expunging any and all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:

(a) at least 30 days have passed since the arrest for which expungement is sought; (b) there have been no intervening arrests; and (c) one of the following occurred:

(i) the person was released without the filing of formal charges; (ii) proceedings against the person were dismissed; (iii) the person was discharged without a conviction and no charges were refiled within 30 days; (iv) the person was acquitted at trial; or (v) the record of any proceedings against the person has been sealed.

(2)(a) A person seeking expungement under Subsection (1) may petition the court for expungement before the expiration of the 30 days required by Subsection (1)(a) if he believes extraordinary circumstances exist and the court orders the division to proceed with the eligibility process. (b) A court may, with the receipt of a certificate of eligibility, order expungement if the court finds that the petitioner is eligible for relief under this subsection and in the interest of justice the order should be issued prior to the expiration of the 30-day period required by Subsection (1)(a).

Utah Code Ann. 77-18-11

(1) A person convicted of a crime may petition the convicting court for an expungement of the record of conviction. (11) A court may not expunge a conviction of: (a) a capital felony;

(b) a first degree felony; (c) a second degree forcible felony; (d) any sexual act against a minor; or (e) an offense for which a certificate of eligibility may not be issued under Section 77-18-12.

Utah Code Ann. 77-18-12

(1) The division shall issue a certificate of eligibility to a petitioner seeking to obtain expungement for a criminal record unless prior to issuing a certificate of eligibility the division finds, through records of a governmental agency, including national criminal data bases that:

(a) the conviction for which expungement is sought is:

(i) a capital felony; (ii) a first degree felony; (iii) a second degree forcible felony; (iv) automobile homicide; (v) a felony violation of Section 41-6-44; (vi) a conviction involving a sexual act against a minor; (vii) any registerable sex offense as defined in Subsection 77-27-21.5(1)(d); or (viii) an attempt, solicitation, or conspiracy to commit any offense listed in Subsection 77-27-21.5(1)(d);

(b) the petitioner's record includes two or more convictions for any type of offense which would be classified as a felony under Utah law, not arising out of a single criminal episode, regardless of the jurisdiction in which the convictions occurred; (c) the petitioner has previously obtained expungement in any jurisdiction of a crime which would be classified as a felony in Utah; (d) the petitioner has previously obtained expungement in any jurisdiction of two or more convictions which would be classified as misdemeanors in Utah unless the convictions would be classified as class B or class C misdemeanors in Utah and 15 years have passed since these misdemeanor convictions; (e) the petitioner was convicted in any jurisdiction, subsequent to the conviction for which expungement is sought and within the time periods as provided in Subsection (2), of a crime which would be classified in Utah as a felony, misdemeanor, or infraction; (f) the person has a combination of three or more convictions not arising out of a single criminal episode including any conviction for an offense which would be classified under Utah law as a class B or class A misdemeanor or as a felony, including any misdemeanor and felony convictions previously expunged, regardless of the jurisdiction in which the conviction or expungement occurred; or (g) a proceeding involving a crime is pending or being instituted in any jurisdiction against the petitioner.

(2) A conviction may not be included for purposes of Subsection (1)(e), and a conviction may not be considered for expungement until, after the petitioner's release from incarceration, parole, or probation, whichever occurs last and all fines ordered by the court have been satisfied, at least the following period of time has elapsed:

(a) seven years in the case of a felony; (b) ten years in the case of:

(i) a misdemeanor conviction or the equivalent of a misdemeanor conviction as defined in Subsection 41-6-44(1); or (ii) a felony violation of Subsection 58-37-8(2)(g);

(c) five years in the case of a class A misdemeanor; (d) three years in the case of any other misdemeanor or infraction under Title 76, Utah Criminal Code; or (e) 15 years in the case of multiple class B or class C misdemeanors.

(3) A petitioner who would not be eligible to receive a certificate of eligibility under Subsection (1)(d) or (f) may receive a certificate of eligibility for one additional expungement if at least 15 years have elapsed since the last of any of the following:

(a) release from incarceration, parole, or probation relating to the most recent conviction; and (b) any other conviction which would have prevented issuance of a certificate of eligibility under Subsection (1)(e).

Other Utah State Statutes

Notice of Appeal

Effects of a Drunk Driving Charge on Driver's License

Statutory Rape Limitations

Juvenile Court Jurisdiction

Expungement