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Traffic Expungement

You can ask the court to expunge your traffic convictions without having to go through the Bureau of Criminal Identification (BCI) to obtain a Certificate of Expungement Eligibility.

You would still need to file a petition with the court and serve the prosecutor and respond to any objections and attend any court hearings.

Links

Order of Expungement

If the court issues an Order of Expungement, the traffic offense will be removed from court and police records only. Traffic offenses will not be removed from your Utah Driver License record.

You can file a petition for expungement of a traffic conviction if:

  • For a class C misdemeanor or infraction, at least three years have elapsed from the conviction date
  • For a class B misdemeanor, at least four years have elapsed from the conviction date

Only certain violations qualify as traffic offenses for expungement. Driving without Insurance, Expired Vehicle Registration, and Driving without an Interlock Device are all offenses that would require a Certificate of Eligibility from BCI. See our step-by-step guide for this type of petition-based expungement.

What is a Traffic Offense?

“Traffic offense” means:

Examples of a "traffic offense" as listed on a court case docket:

  • Charge 3 - 41-6A-1803 - FAILURE TO WEAR SEAT BELT - Infraction
  • Charge 1 - 41-6A-601 - SPEEDING 53 in a 40 - Class C Misdemeanor

Traffic Code

Utah Code Title 41, Chapter 6a

Driver Licensing Act

Utah Code Title 53, Chapter 3, Part 2

State Boating Act

Utah Code Title 73, Chapter 18

What is Not a Traffic Offense?

“Traffic offense” does not mean:

Examples that are "NOT traffic offense" as listed on a court case docket:

  • Charge 3 - 41-12A-302 - OPERATING A VEHICLE WITHOUT INSURANCE - Class B
  • Charge 2 - 41-1A-404 - FAILURE TO DISPLAY LICENSE PLATE - Class C Misdemeanor

Driving Under the Influence and Reckless Driving

Utah Code Title 41, Chapter 6a, Part 5

State Boating Act 73-18-13

Utah Code Title 73, Chapter 18, Section 13

State Boating Act 73-18-13.6

Utah Code Title 73, Chapter 18, Section 13.6

Traffic Expungement - Step 1

Once you have completed your packet:

  1. Access your completed forms by opening and downloading all attachments sent to you by email from "SALT LAKE COUNTY UTAH adobesign@adobesign.com". If you don't see the email in your inbox, be sure to check your" Junk and/or Spam folder. 
  2. Determine which pages in your completed form packet need to be delivered to the court, and which need to be delivered to the prosecutor:At the bottom of each page (to the left of the page number), look to see where it tells you to deliver that portion of the completed paperwork.
  3. Print all downloaded attachments(single-sided only) OR you can file your court documents via email.
  4. File the necessary documents with the Courts:
    • Documents can either be hand-delivered or sent by mail. View Court Directory.  See your certificate to determine which specific court to send your packet.
  5. Send the necessary documents to the prosecutor:
    • Documents can either be hand-delivered or sent by mail. Refer back to your case docket to determine the prosecutor and use the link below to obtain their mailing address. 
    • View the Prosecutors Directory below. If the appropriate city prosecutor is not listed, contact the court to receive further instructions on serving submitting paperwork. 

Traffic Expungement Form Packet

Instructions - English

Instrucciones - Espanol

District Court Locations

File Court Documents Via Email

Prosecutors Directory

After the court and prosecutor receives your documents, your petition might be granted without further action needed. Other times, the prosecutor might object and a hearing may be scheduled. 

You can skip this step and move to Purchase Copies of Order if you do not receive any objections; if no objection is received within 60 days from the date the petition for expungement is filed with the court, the expungement may be granted without a hearing. 

What happens next depends on how the prosecutor responds to your Petition Request.   

If the Prosecutor...

Files a Consent & Waiver of Hearing:

  • If there was no victim in the case, the Court can grant and issue an Expungement Order without further action needed.
  • If there was a victim in the case, the court has to wait 60 days from the date you filed your original petition with the court to allow the victim time to file their statement.  If the 60 days passes with no response, the Court can grant and issue an Expungement Order.

Provides No Response:

If the prosecutor does nothing and you never hear from them:

  • The court has to wait 60 days from the date you filed the original petition to allow the prosecutor and/or victim time to file their statements.
    • If 60 days pass with no response, the court can grant and issue an Expungement Order.
  • If the court never hears from the prosecutor, the court will likely schedule a hearing. If a hearing is scheduled, you should attend. You are not required to submit any documents at the hearing. 

Objects (or the Victim Objects or AP&P Responds):

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.   

  • If the Petition is granted and an Order is issued, you MUST proceed to the next Step to complete your expungement. 
  • If the Petition is denied, you may want to speak to an attorney about filing an appeal.  
    • If the court denied your petition due to you still owing fees, not enough time having passed, or having an open pending criminal matter, you can start again at the beginning of Step One and submit a new application to BCI when the issue has been remedied.

Traffic Expungement - Step 2

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.

You can skip this step and move to Purchase Copies of Order if you do not receive any objections. If no objection is received within 60 days from the date the petition for expungement is filed with the court, the expungement may be granted without a hearing.

What happens next depends on how the prosecutor responds to your Petition Request.

  • If there was no victim in the case, the Court can grant and issue an Expungement Order without further action needed.
  • If there was a victim in the case, the court has to wait 60 days from the date you filed your original petition with the court to allow the victim time to file their statement.
If the 60 days passes with no response, the Court can grant and issue an Expungement Order.

If the prosecutor does nothing and you never hear from them:

  • The court has to wait 60 days from the date you filed the original petition to allow the prosecutor and/or victim time to file their statements.
    • If 60 days passes with no response, the court can grant and issue an Expungement Order.
  • If the court never hears from the prosecutor, the court will likely schedule a hearing. If a hearing is scheduled, you should attend. You are not required to submit any documents at the hearing. 

If the Prosecutor objects, or if the victim objects, or if AP&P respond:

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.   

  • If the Petition is granted and an Order is issued, you MUST proceed to the next Step to complete your expungement.
  • If the Petition is denied, you may want to speak to an attorney about filing an appeal. 
  • If the court denied your petition due to you still owing fees, not enough time having passed, or having an open pending criminal matter, you can start again at the beginning of Step One and submit a new application to BCI when the issue has been remedied.

Expungement Complete

له. ره

Congratulations! Your expungement is now complete.

What happens after my expungement is completed?

  • When the Bureau of Criminal Identification (BCI) receives a certified copy of the Order, they will expunge your record from the Utah Criminal History database and notify the FBI to expunge their record(s). 
  • A letter will be sent to you indicating removal of BCI records and notification to the FBI to remove their records. You do not need to deliver a copy of the expungement order to the FBI. 

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.

Expunging Appellate Records

What you should know now that your record is expunged

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:

  • If you are later charged with a felony, a court may order expunged records to be opened and admitted into evidence for sentencing. At the end of the proceeding, the court will order the records resealed.
  • BCI may use the information in expunged records in determining whether to issue a permit to carry a concealed firearm.
  • The Federal Bureau of Alcohol, Tobacco, and Firearms is allowed to use any record it had previously in its possession prior to the expungement in determining your right to own or operate a firearm.
  • Since government agencies may still be able to require you to disclose information regarding expunged records, you may be interested in what is required of you if you are seeking an occupational or professional license

Expunging Appellate Records

Note: Salt Lake County Mayor's Office of Criminal Justice Initiatives does NOT provide guidance on expunging appellate records. For more information please contact an attorney or the Utah Courts Self-Help Center.

If a defendant in a criminal case appealed their case to the Utah Court of Appeals or Utah Supreme Court, they may also want to expunge their appellate records.  This requires a separate process and does not happen automatically just because the trial court expunged its records.

To do this, the defendant must file a petition with the Utah Supreme Court. (see Supreme Court Standing Order No. 12).

Supreme Court Standing Order No. 12

The petitioner must have an order from a district court which expunges their entire trial court record as well as any information in possession of other government entities, such as law enforcement.

The petitioner must file with the Utah Supreme Court and serve on the Utah Attorney General:

  • a written petition;
  • a copy of the expungement petition that was filed with the district court;
  • a certified copy of the district court's expungement order; and
  • a proposed redacted appellate court opinion to replace the previously-published opinion

Utah Attorney General

If the Utah Supreme Court grants the expungement petition, the appellate courts will:

  • Seal any appellate court records, including appellate briefs. No one may access a sealed record except by order of the court.
  • Replace the previously-issued opinion with a redacted opinion.
  • Notify LexisNexis and Westlaw of the redacted opinion. The defendant may notify other publishers about the redacted opinion.

Note: non-government entities (such as legal publishers) do not have an obligation to expunge or redact information in their possession.

Moving Forward After Expungement

A road with a sign on it.

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. 

The Division of Occupational and Professional Licensing

Strengthening trust in Utah's professional workforce through effective licensing, balanced regulation, and consumer engagement to facilitate informed decisions

What Crimes Affect my Path to Licensure?"

It depends on the license you wish to obtain. A few licenses do have specific prohibitions that will result in the automatic denial of the license.

Frequently Asked Questions

See specifically FAQ #18: "What factors regarding criminal history will DOPL consider relevant to a licensing decision?"

How do I apply for a determination?

Some licensing laws prohibit certain criminal histories. You may submit this application at any time BEFORE applying for a license (even before completing any training or education for the license).