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You can apply for an expungement of the record of arrest, investigation, and detention by filing a petition. You are eligible for expungement of conviction if the following conditions are met: • You have no more than one felony or 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.
To get an expungement, you must 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.
Expungement is possible for the following records:
• Arrest • Investigation • Detention records which did not result in conviction • Criminal convictions under prescribed restrictions
The filing fee for an expungement can be found at: http://www.utcourts.gov/resources/Fees.htm
Note: According to Utah Code §77-18-10, if you were arrested but no charges were filed, or if you were acquitted, there will be no filing fee to expunge those charges from your arrest record.
You should consider whether to file the petition to expunge the record in whole or in part. If a record is expunged in part, all references to the petitioner's name in the records pertaining to the adjudicated cases will be expunged. If a record is expunged in whole, all records in the court will be sealed.