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Can I get an expungement in Utah if I still owe fines?

Utah Code section 77-40-105 sets out most of the requirements for obtaining an expungement in Utah.  Among other requirements for an expungement in Utah, this section requires that all fines and interest ordered by the court as well as any restitution ordered by the court or by the Board of Pardons and Parole be paid in full before BCI can issue a certificate of eligibility for expungement.  If you are seeking an expungement of your criminal record, you should consult with an experienced Utah criminal defense attorney.

Utah BCI has interpreted this section of the Utah Code as meaning that all fines and restitution in all cases must be paid in full before a certificate of eligibility may be issued for expungement of any charge.  This means that, for example, you may not receive a certificate of eligibility for expungement of a 10-year-old drug possession conviction if you still owe fines on a more recent traffic-related citation.  This may be true even if you are not seeking expungement of the traffic citation.

Successfully expunging a criminal record in Utah requires compliance with many statutory requirements.  Contact us today to schedule an initial consultation with one of our experienced attorneys.  Based in Salt Lake City, our attorneys provide assistance to clients throughout the state.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Utah Burglary Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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Salt Lake Criminal Defense Attorney Profile Utah

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Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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