Utah Code Ann. § 77-40a-303 deals with who may ask. The statute says: “Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if: the petitioner has paid in full all fines and interest ordered by the court related to the conviction for…” Utah Code Ann. § 80-6-1004.3 is the arrest-record petition. Utah Code Ann. § 77-40a-303 is the conviction petition.
The petition and the sections next to it
On petition to expunge adjudication -- Hearing and notice -- Waiver -- Order, the Utah text is Utah Code Ann. § 80-6-1004.1. The statute says: “An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: the individual was adjudicated for an offense in the juvenile court; the individual has reached 18 years old; and at least one year has passed from the day on which: the…”
Utah Code Ann. § 77-40a-305 deals with petition for expungement -- Prosecutorial responsibility -- Hearing. The statute says: “The petitioner shall file a petition for expungement in accordance with Rule 42 of the Utah Rules of Criminal Procedure.”
Read Utah Code Ann. § 80-6-1004.4 when the issue is petition to expunge petition not found to be true -- Order. The statute says: “An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual's juvenile record pertaining to an incident where a petition was filed if: the incident was presented to the juvenile court for adjudication based upon an…”
On order of expungement, the Utah text is Utah Code Ann. § 77-40a-306. The statute says: “If a petition for expungement is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that: except as provided in Subsection (1)(b) and Subsection 77-40a-305(3) or (4): the certificate…”
When a different section applies
Utah Code Ann. § 80-6-1004.3 deals with petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order. A juvenile record uses this section rather than the adult petition. The statute says: “An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: the individual's juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication; the individual was not…”
What the courts have done
J.J.W. v. State of Utah, 430 Utah Adv. Rep. 3 (2001) is worth reading in full. The opinion puts it this way: “In addition, the Criminal Expungement Statute allows the Division to disseminate information regarding expunged records to several state and federal agencies.”
Jane Doe v. Utah Department OF Public Safety; Peace Officer Standards and Training; Ted E…, 119 Utah Adv. Rep. 62 (1989) is worth reading in full. The opinion puts it this way: “And the statute’s failure to provide superfluous assurances of the effect of expunction does not negate the fact that offenses are expunged pursuant to the statute such that successful petitioners need not reveal information concerning the same.”
Before you file
- Open Utah Code Ann. § 77-40a-303 and read the part on who may ask. Everything else in the filing has to fit that section.
- Use Utah Code Ann. § 80-6-1004.1 for the mechanics. It is petition to expunge adjudication -- Hearing and notice -- Waiver -- Order, which is not the same question as whether the record qualifies.
- If the person was a juvenile, move to Utah Code Ann. § 80-6-1004.3 instead of forcing the case into the adult section.
- Then read J.J.W. v. State of Utah, 430 Utah Adv. Rep. 3 (2001). That is a Utah court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Utah?
Read Utah Code Ann. § 77-40a-303 when the issue is who may ask. The statute says: “Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if: the petitioner has paid in full all fines and interest ordered by the court related to the conviction for…” Utah Code Ann. § 80-6-1004.3 is the arrest-record petition. Utah Code Ann. § 77-40a-303 is the conviction petition.
Does Utah use a different statute when the person was under eighteen?
Utah uses Utah Code Ann. § 80-6-1004.3 for petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order. A juvenile record uses this section rather than the adult petition. The statute says: “An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: the individual's juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication; the individual was not…”
What does a Utah petition have to contain?
Utah Code Ann. § 80-6-1004.1 deals with petition to expunge adjudication -- Hearing and notice -- Waiver -- Order. The statute says: “An individual may petition the juvenile court for an order to expunge the individual's juvenile record if: the individual was adjudicated for an offense in the juvenile court; the individual has reached 18 years old; and at least one year has passed from the day on which: the…”
How have Utah courts ruled on expungement?
J.J.W. v. State of Utah, 430 Utah Adv. Rep. 3 (2001) “In addition, the Criminal Expungement Statute allows the Division to disseminate information regarding expunged records to several state and federal agencies.”
Utah clerks still control the form and the fee. Utah Code Ann. § 77-40a-303 is the statewide rule on who may ask and what the order does.