Utah Misdemeanor Expungement Checklist

HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER UTAH LAW?

A simple way to determine if you qualify to have your conviction set aside is to review the requirement checklist of Utah Expungement Act:  Section 77-40-105:

Arrest Only:
To be eligible for an expungement of arrest, investigation, or detention record, you must meet the following conditions:

  • At least 30 days have passed since arrest.
  • There have been no intervening arrests.
  • The proceedings were dismissed.
  • You were acquitted.
  • You were discharged without conviction and no charges were re-filed within 30 days.
  • You were released without formal charges being filed.

If you answered YES to all of these questions, you are eligible to seek relief under Utah law.

Conviction:
To be eligible for expungement of a criminal conviction you must meet the following conditions:

  • You have no more than two class A or B misdemeanor convictions
  • You have been released from incarceration, parole, or probation for the specified amount of time.
  • You have satisfied all fines and restitution ordered as part of the sentence.

If you answered YES to all of these questions, you are eligible to seek relief under Utah law.


To get an expungment, you must first seek and receive a Certificate of Eligibility for Expungement from the Utah State Bureau of Criminal Identification. Some factors that may result in denial of this certificate are:

  • Time period required by law has not been met. (See below). This time period does not begin until all confinement and probation has been completed and fines are paid.
  • Three or more convictions (for a felony, or class A or class B misdemeanors), not stemming from a single arrest.
  • More than one felony, not stemming from a single arrest.
  • Forcible 2nd degree felonies.
  • A previous felony expungement.
  • One or more pending arrest(s).
  • Conviction of a sexual offense against a minor.
  • Registerable sex offender status.
  • Court records indicate that the case is still open.
  • Disposition information is missing, and discretion of eligibility is not given.

If the court finds that you are eligible and no objections have been received, it will grant expungement and issue a certificate to you. The certificate will state that the petition and certificate of eligibility are sufficient, and the statutory requirements have been satisfied. After approving a petition for expungement, the court shall enter an order to expunge all or a portion of the case records in the custody of that court, or of any other agency or official.

A person cannot expunge records of any conviction if:

  • the petitioner provides false or misleading information on the application for the certificate of eligibility; (It is also a criminal offense to provide false or misleading information on the application.)
  • a criminal case against the petitioner is pending or is being investigated in any jurisdiction;
  • the petitioner has been convicted in separate criminal episodes of:
    • two or more felonies;
    • three or more crimes of which two are class A misdemeanors;
    • four or more crimes of which three are class B misdemeanors; or
    • five or more crimes of any degree other than infractions.

A criminal episode is defined in Section 76-1-401. Also, the following time periods must have passed from the date the petitioner was convicted or released from incarceration, probation or parole, whichever occurred last:

Offense

Time from date petitioner was convicted or released from incarceration, probation or parole, whichever occurred last.

Misdemeanor conviction of Subsection 41-6a-501(2)
Felony conviction of Subsection 58-37-8(2)(g)

10 years

Felony

7 years

Class A Misdemeanor

5 years

Class B Misdemeanor

4 years

Other Misdemeanor or Infraction

3 years

A person is entitled to expunge records of all crimes for which the person has been pardoned by the Utah Board of Pardons and Parole.

NOTE: If you do not meet the eligibility requirements, the petition may not be granted. However, you should still be allowed to file a petition, if you wish to do so.


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