What is an Expungement?

An expungement is a court order in which the legal record of an arrest or criminal conviction is sealed and removed from the official record. This is also commonly known as “setting aside a criminal conviction”. Not everyone who has been criminally convicted is eligible for an expungement, there are certain criteria that must be met for an expungement.

Who is Eligible?

The following factors will be considered when determining eligibility:

The amount of time that has passed since the arrest or conviction

The level of the criminal conviction

The rest of your criminal history

In Utah, the record of an arrest, investigation, or detention may be expunged if:

No charges were filed

Your case was dismissed with prejudice

Your case was dismissed without prejudice or without condition and the prosecutor consents in writing that your record is eligible for expungement or at least 180 days have passed since the dismissal of your case

You were acquitted, or

The statute of limitations expired

In cases where a conviction was entered, eligibility for an expungement depends on the level of the criminal conviction, remaining criminal history, and the amount of time that has passed since completing all terms of sentencing.

Keep in mind that you will need to apply for a certificate of eligibility to qualify for an expungement from the Utah Bureau of Investigations (BCI) in addition to petitioning the court for an order of expungement.  A certificate of eligibility will expire, so the petition to expunge must be filed before the certificate expires.

If you have questions regarding your eligibility for an expungement, give us a call to schedule your consultation with one of our Criminal Defense attorneys at 435-752-2610.