How long does the expungement process take in Utah?

There are two time periods to consider in the Utah expungement process. The first is the time period necessary to meet the eligibility requirements to become eligible to apply for an expungement. The second time period is the length of time the process takes from submitting your initial application for a certificate of eligibility to the time an expungement is actually granted.

Applying for an Expungement Certificate of Eligibility

The waiting period for expungement eligibility in Utah depends on the level of the offense involved. The following waiting periods apply to most charges:  for felony charges, the waiting period is 7 years; class A misdemeanors require a 5 year waiting period; class B misdemeanors require a 4 year waiting period; and class C misdemeanors and infractions require a 3 year waiting period. There are some exceptions to these time periods. For example, a misdemeanor DUI charge or related charge requires a 10 year waiting period. On all charges, the waiting period does not begin to run until you have completed any jail or prison term and any probation or parole period.

Once you have met the statutory waiting period requirement, you may submit an application for a certificate of eligibility. This application is submitted through the Utah Bureau of Criminal Identification (BCI). Once you have submitted your application, it can sometimes take two to three months before you receive an answer back from BCI as to whether you qualify for a certificate of eligibility.

Petitioning the Court for an Expungement Order

If Utah BCI issues a certificate of eligibility for your charges, you still must file a petition with the court, asking the court to issue an expungement order. As a part of the court petition process, notice must be given to the prosecuting agency and any victims involved in the case. Victims and prosecutors are given an opportunity to object to the expungement petition, and the court may be required to hold a hearing on whether or not your request for expungement should be granted.  

Finding an Expungement Attorney in Utah

The expungement process in Utah is lengthy, and often difficult.  But the rewards associated with having your criminal record cleared are well worth the effort.

Stephen Howard is an experienced criminal defense lawyer in Salt Lake City, Utah. He has handled thousands of criminal cases ranging from murder to DUI, and virtually everything in between. He has assisted clients in obtaining expungements in circumstances including serious felony charges and repeat misdemeanor offenses.

Contact us for help with a Utah expungement or other criminal defense case.

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