Not everyone qualifies for Petition-based Expungement. Find out more by answering eligibility questions to see if you are ready to apply
We highly recommend that you use a computer (not a mobile device) to complete the forms on this website. Salt Lake County libraries can assist you with WiFi, computer access, and printing needs.
The below instructions tell you how to complete an Expungement Application Form and submit it to the Bureau of Criminal Identification (BCI).
Step 1 has two parts - Apply and Purchase Certificates. You must complete both parts.
The first part of getting an expungement is to get a certificate of eligibility from BCI. You have to submit an application to do this. BCI will conduct research to determine which incidents are eligible for expungement. Check your eligibility to get more information about whether you are ready to proceed with the application.
Use the Third party release form (Only if you wish to have your documents from BCI sent to someone other than yourself.)*
Submit your application to BCI (detailed instructions on how to do this is on the application instructions.)
If you request to have the BCI information/documents sent to you via email, you will NOT receive the BCI documents via regular mail.
It can take several months for BCI to process your application -- typically over 90 days from the date you submit your application. When you get a response, you will either receive a Letter of Eligibility or Denial.
If denied, you may want to pursue a pardon. Pardons are only available if five years crime-free has passed since your last probation, parole, or incarceration ended.
As of May 4, 2022, until June 30, 2023, the "Certificates of Eligibility" fee has been waived by the Utah State Legislature.
If you chose to have your responses sent to you via email, it can be confusing to access the documents, make sure to follow the instructions in the link below.
Check your spam/junk folders often 90 days after submitting your application.
You must Purchase Certificate(s) AND File Petition(s) within 180 days from date BCI responds to your application
Step 2 is the most time consuming part of the process. You can do it!
Complete Tasks A – D outlined below for each certificate of expungement eligibility you received.
You must Purchase Certificate(s) AND File Petition(s) within 180 days from date BCI responds to your application
Determine which type of form packet to file for each eligible certificate.
Each row on the certificate list you received from BCI indicates a different certificate.
Start by looking at your certificate list and determine the TYPE of certificate you have, whether it is a “regular” or a “special” certificate. (You will need this information to determine which form packet to use in Task B).
Below are examples of each:
Determine where you will need to file your form packet.
You will need to know the court address, judicial district, and county for the court you will file your form packet with. You can use the court directory link below to make this determination for each certificate listed you want to expunge.
Below are the examples of how to determine where to file.
Once you determine which packet you should use (see below), use the instruction files below to fill out the packet forms:
Important: If your certificate lists a case number that is shorter than a 9 digit number, leave the entry for case number blank when filling out your form packet. Old cases that have letters or less than 9 numbers will be assigned a new case number by the court when you file your form packet.
Based on the information gathered in Task A, determine which packet below to fill out.
Note: You must proceed to Task D after filling out the packet. Packets are not submitted electronically.
If you received a Regular Certificate fill out the Regular Certificate Packet.
If a certificate is a "Special Expungement Certificate" fill out the Special Expungement Certificate Packet .
Answer honestly and to the best of your ability based on the records you have.
If you leave any requested information blank, you can still proceed and file the petition but it may delay processing and a court clerk may reach out to you for additional information.
Send your completed form packet to the Court:
You must file these documents before the expiration date listed on the Certificate List. (Otherwise, you will need to start the application process over.)
Once petition packets are received by the appropriate court, a few things need to happen before the Court can grant your expungement Order.
We highly recommend that you keep track of your case on the Utah Courts free MyCase service. You can use MyCase to view the record of what is happening in your case and view the papers that have been filed in your case.
This is a great way to check to make sure the court received your form packets.
Respond to Possible Objection & Attend any Court Hearing
After the Court and Prosecutor receive your documents, your petition might be granted without further action.
Other times, the Prosecutor might object and a hearing may be scheduled.
What happens next depends on how the Prosecutor responds to your Petition Request. Using the Utah Courts free MyCase Service, you can track what is happening with your case and if the prosecutor has responded.
Sometimes your old defense attorney is still being listed as your attorney, and the court sends notice to them instead of to you!
Checking MyCase weekly is a great way to make sure you know what is going on in the case if this happens.
If the prosecutor does nothing and you never hear from them:
If the Prosecutor objects, or if the victim objects, or if AP&P respond:
You may file a reply only if the victim or the prosecutor has filed a statement. This form is optional, meaning you can file it, but do not have to.
Note: In very rare cases, the court can set a hearing even if the prosecutor or the victim does not object.
In these instances, you MUST be sure to attend the court hearing and be ready to explain to the court why expunging the records is not contrary to public interest.
The court will notify you if the Expungement Petition was granted or denied.
Step 4 had two parts - Purchase Certificates and Distribute Expungement Orders. Both of these steps are now obsolete.
However, you still need to know the following
This step has been removed as of May 4, 2022 thanks to SB35 which originated in the Salt Lake County Expungement Workgroup!
However, you will still want to make sure you get at least one certified copy of the Expungement Order from the court before they expunge your case. The court is required to provide to you certified copies of the expungement order, so contact them immediately if they fail to do so.
If you wait too long, you would have to go in person to the courthouse to get a certified copy of the order.
A petitioner in an expunged case may obtain certified copies of the expungement order and the case history upon request and in-person presentation of positive identification. Otherwise, no one may access a sealed court record except by order of the court.
This step has been removed as of May 4, 2022 thanks to SB35 which originated in the Salt Lake County Expungement Workgroup!
However, if you do not receive a confirmation of Expungement completed from BCI after 90 days has passed since the court ordered your expungement, you will want to contact BCI and provide them with your certified copy of the expungement order so that you can get a copy of your BCI expungement confirmation letter.
The BCI expungement confirmation letter is more important than the court expungement order!
Congratulations! Your expungement is now complete.
Note: If you appealed your case to the Utah Court of Appeals or the Utah Supreme Court, you may also want to expunge your appellate records.
This requires a separate process and does not happen automatically just because the trial court expunged its' records. Learn more about Expunging Appellate Records at the link below.
Successfully expunging your record means you can honestly and lawfully state that this criminal incident never occurred on job applications and rental applications. Your record should not show up in general background checks.
Be aware that your expunged records can still be viewed by governmental entities for limited purposes. For example:
The Division of Occupational and Professional Licensing (DOPL), oversees the issuing of licenses for certain professions. Criminal records, including expunged records, may affect eligibility for certain licenses.
DOPL can assist you in understanding whether you may qualify for an occupational or professional license. Some of their resources are listed below or you can contact them directly.