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.
RELATED QUESTIONS:
Can enhanceable charges be expunged in Utah?What are my options for clearing my Utah criminal record?Can a violent felony conviction be expunged in Utah?

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy
»

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....
Experience
»

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»

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....
Reasons to Hope
»