Utah Expungement Attorney
Salt Lake
Are there exceptions to an expungement order that allow the
use of expunged records?
The Utah Expungement Act allows access to or use of
expunged records in
only very limited circumstances. It is important to understand these
exceptions. Consultation with an
experienced Utah
criminal attorney is highly recommended. But this page presents some basic information regarding these exceptions.
The Utah Expunjgement Act defines the term “expunge” as meaning “to
seal
or otherwise restrict access to the petitioner’s record held by an
agency when the record includes a criminal investigation, detention,
arrest, or conviction.” Utah Code §77-40-102(8). But the purpose and
effect of an expungement under Utah law covers more than the mere
sealing of records.
The current Utah Code §77-40-108(2) allows a person who has received an
expungement “respond to any inquiry as though the arrest or conviction
did not occur.” The Utah appellate decisions in
Thompson v. Department of Treasury
and
Jones
opinions support the position that the “any inquiry” language of the
statute indicates an intent by the legislature to provide a complete
expungement, legally erasing the conviction. Still, records of the
criminal case continue to exist even after the expungement order is
entered. But access to these records is severely restricted.
Utah Code of Judicial Administration, Rule 4-205(4)(B) governs the
court’s obligations in regard to court records of expunged cases, and
provides in relevant part as follows:
“Upon entry of an order of expungement, the clerk of the court shall:
(i) obliterate or destroy all reference to the expunged portion of the
record in the paper copy of the index and maintain a separate index of
expunged records not available to the public;
(ii) cover, without obliterating or destroying, all entries in the
paper copy of the register of actions, including case identifying
information other than the court docket number; and
(iii) place an entry in the computer record that restricts retrieval of
case identifying information and the register of actions to court
personnel with authorization to review such information. The security
restriction shall not be removed except upon written order of the
court."
The practical effect of this rule is that, absent a court order, to a
person seeking court records of an expunged case, it will appear as
though the case never existed. The expunged records may in fact
continue to exist. But expunged court records are kept separate and
apart from regular court records in a way that makes it appear that
such records do not exist.
Other government agencies receiving an expungement order are required
to “expunge the petitioner’s identifying information contained in
records in its possession relating to the incident for which
expungement is ordered,” and further “may not divulge information or
records which have been expunged” absent a court order or in accordance
with statutory exceptions found in Utah Code §77-40-109(2). Utah Code
§77-40-108(4) and (5).
The exceptions included under Utah Code §77-40-109(2) deal mostly with
access to expunged records for purposes relating to state licensing,
police officer certification, and applicants for judicial office.
Specifically, the exceptions include:
- the Board of Pardons and Parole;
- Peace Officer Standards and Training;
- federal authorities, unless prohibited by federal law;
- the Department of Commerce;
- the Department of Insurance;
- the State Office of Education; and
- the Commission on Criminal and Juvenile Justice, for purposes of
investigating applicants for judicial office.
But release of expunged records to such agencies is limited, and
further release of expunged records obtained by such agencies is
generally prohibited. Utah Code §77-40-109(2)(c). Unauthorized release
of expunged records is a class A misdemeanor, punishable by up to one
year in jail.
See,
Utah Code §77-40-112 and §76-3-204.
Utah Code §77-40-109 also provides exceptions under which expunged
records may be viewed or released, including situations in which the
petitioner was subsequently charged with a felony crime or for judicial
sentencing proceedings in subsequent criminal cases.
The 1980 changes to Utah expungement law provided only a limited
expungement, allowing a petitioner to reply only to questions from an
employer as though the conviction did not occur. But the current
Expungement Act provides what should be considered a complete
expungement, with only limited and narrowly defined exceptions.
Finding a Utah Attorney for Expungements

The
procedural steps for an expungement in Utah must be followed precisely.
And the statutes governing expungement place a high burden of proof on
the petitioner. The assistance of an experienced criminal attorney can
be vital to success.
As a Utah criminal attorney, Stephen
Howard has assisted clients in expunging criminal records including
serious felony and multiple misdemeanor charges. Contact us today to
arrange for an initial consultation. We can often tell you right over
the phone if you are eligible for expungement.
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