Expunging Juvenile Records in Utah

The expungement process for juvenile records is significantly different that the adult expungement process. The following page provides an outline of the procedures required to obtain an expungement of Utah juvenile court records.

We work with clients to help clear their juvenile or adult criminal records through the expungement, 402 reduction, and pardon processes. Contact us today to see how we can help you.

Expungement of Juvenile Court Records - Petition and Procedure

Initial Eligibility - A person who has been formally judged in Utah’s Juvenile Court may petition the court for expungement of their juvenile court record and any related records in the custody of a state agency, if:

  1. The person has reached 18 years of age; and
  2. The Juvenile Court Jurisdiction and/or custody and parole supervision of the Division of Juvenile Justice Services was unconditionally terminated at least one year ago. 

The court may waive the above requirements if the court finds, and states on the record, the reason why the waiver is appropriate.

Generally, any juvenile adjudication of delinquency can be eligible for expungement. However, the legislature has determined that the court may not expunge a juvenile court record if the record contains a judgement for

  1. Aggravated murder; or
  2. Murder

Petition - To begin the Juvenile expungement process, you must file a petition with the court where the case was filed and heard. Included with the petition must be an original criminal history report obtained from the Bureau of Criminal Identification (BCI). 

When deciding whether to grant a petition for expungement, the court takes into consideration whether the rehabilitation of the petitioner has been attained satisfactorily by looking at the petitioner’s response to programs and treatment and the petitioner’s behavior following adjudication, along with the nature and seriousness of the conduct. At the hearing the county attorney or district attorney, a victim, and any other person who may have relevant information about the petitioner may testify.
The court may order all of the petitioner’s records be sealed if the court finds that:

  1. The petitioner has not, since the terminations of the court’s jurisdiction or unconditional release from the Division of Juvenile Justice Services, been convicted of a:
    a. Felony, or
    b. Misdemeanor involving moral turpitude
  2. No proceeding involving a felony or misdemeanor is pending or being instituted against the petitioner; and
  3. A judgement for restitution entered by the court on the conviction for which the expungement is sought has been satisfied.

Effect of Juvenile Expungement

Once the juvenile expungement order is signed by the judge, the proceedings in the petitioner’s case shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Inspection of the records may thereafter only be permitted by the court upon petition by the person who is the subject of the records, and only to the person named in the petition.

Finding a Utah Criminal Attorney

We are pleased to offer services to clients throughout Utah. If you have a juvenile or adult record that you would like to have expunged, contact us today to see how our criminal defense team can help you.

RELATED CRIMINAL DEFENSE QUESTIONS

What is the effect of an adult expungement on my Utah criminal record?
How do I find out if I am eligible for expungement of my adult record?
Is a Utah expungement of an adult record considered a complete expungement?