Utah Department of Public Safety

BCI - Expungement Eligibility

Utah Department of Public Safety
Bureau of Criminal Identification
3888 W 5400 S
Taylorsville UT 84129
801-965-4445

U.C.A. 77-40-102(8) defines “expunge” as means to seal or otherwise restrict the access to the petitioner’s record of arrest, investigation, detention, or conviction held by an agency. According to U.C.A. 77-40-108; after a charge is expunged, the petitioner may respond to any inquiry as though the arrest or conviction did not occurAfter BCI receives an “order of expungement” signed by a judge, the Bureau completely deletes all information about the charge. The information is stored in an expungement file, and can only be accessed by agencies listed under U.C.A. 77-40-109. 

Expungement Eligibility (PDF)

View pamphlet "Criteria for a Certificate of Eligibility" (Overview of the Expungement Process)

For a list of frequently asked questions regarding expungements click here.

Form needed to obtain a juvenile record expungement certificate click here.

EXPUNGEMENT ELIGIBILITY

Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification (BCI). This includes incidents in all states and previous expungements. We will conduct a thorough background check and you will be notified by mail of your approval or denial. Click here to download the Expungement Application Form.

Reasons for Denial:

  • Capital felony U.C.A. 77-40105(2)(a)(i)
  • First degree felony U.C.A.77-40-105 (2)(a)(ii)
  • Violent felony U.C.A.76-3-203.5 (1)(c)(i)
  • Felony Automobile homicide U.C.A.77-40-105 (2)(a)(iv)
  • Felony DUI Alcohol/Drugs U.C.A. 41-69-501(2)
  • Registerable sex offenses U.C.A. 77-41-106
  • A proceeding is pending or being investigated 77-40-105(2)(b)
  • Statute of limitations has not been met U.C.A. 77-40-104(1)(c)(iv)
  • Fines, interest, and restitution not paid U.C.A. 77-40-105(3)(a)
  • Time required by law not met U.C.A. 77-40-105(3)
  • Two or more felony criminal episodes U.C.A.77-40-105 (4)(a)
  • Any combination of three or more convictions that contain two class A Misdemeanors U.C.A. 77-40-105(4)(b)
  • Any combination of four or more convictions that contain three or more Class B Misdemeanors U.C.A. 77-40-105(4)(c)
  • Five or more misdemeanors or felony episodes U.C.A. 77-40-105(4)(d)

Expunging Traffic Offenses as Defined in U.C.A. 77-40-102 (10)

Most traffic offenses can be expunged without limit as long as time periods have been met and have no pending cases or fines owed.

Traffic charges are not included in determining if a person is eligible for future certificates of eligibility and expungement. 

When expunging a traffic offense the record will only be deleted from court records and will not affect the Utah State Driver License files.

Decisions are made according to Utah state statute. Go to www.le.state.ut.us and select "Utah Code/Constitution" link to search by title.

Time period does not begin until all confinement and probation has been completed.

Time Periods

  • 10 years - Any alcohol/drug related traffic
  • 7 years - Eligible Felonies
  • 5 years - Class A Misdemeanor
  • 4 years - Class B Misdemeanor
  • 3 years - Class C Misdemeanor and infractions
  • 30 days - Dismissals               

There are no limits on the number of infractions that may be expunged.

 

EXPUNGEMENT ELIGIBILITY – Drug Possession Offenses

Your expungement eligibility will be based upon your total criminal history,

Not just what has been reported to the Bureau of Criminal Identification (BCI)

This includes incidents in all states and previous expungements, we will

Conduct a thorough background check and you will be notified by mail of your approval or denial.


In ADDITION to criteria for non drug possession offenses, the petitioner is allowed up to 4 drug possession offenses eligible for expungement.


Drug Possession Offenses defined in U.C.A. 77-40-102(7)

Possession of controlled substance U.C.A. 58-37-8(2)

Use or possession of drug paraphernalia U.C.A. 58-37a-5(1)

Possession or use of an imitation controlled substance U.C.A. 58-37b-6


Drug Offenses NOT defined as a drug possession offense:

Possession of 100 pounds or more of marijuana U.C.A. 58-37-8(2)(b)(i)

Enhanced for violation in a correctional facility U.C.A. 58-37-8(2)(e)

Driving with a controlled substance illegally in the person’s body and negligently causing serious bodily injury or death of another U.C.A. 58-37-8(2)(g)

 

Reasons for denial for Drug Possesssion Offenses:

3 or more felony possession convictions U.C.A. 77-40-105(5)(a)

5 or more possession convictions U.C.A. 77-40-105(5)(b)


Both a drug and non drug related offense in the same criminal incident:

As defined in U.C.A.  77-40-105(5)(6)

The criminal episode shall be counted as a NON drug related offense if any non drug possession offense in that epidsode is: a felony or class A misdemeanor; or has the same or a longer waiting period under 77-40-105(4) than any drug possession offense in that episode.

 

 

Decisions are made according to Utah state statute. Go to www.le.state.ut.us

Select Utah code/Constitution link to search by title.


Time period does not begin until all confinement and probation has been completed.


Time periods for Drug Possession Offenses:

 

5 years-Class A Misdemeanor or Felony

4 years-Class B Misdemeanor

3 years-Class C Misdemeanor and infractions

Dismissals-Statute of limitations has expired


There are not limits on the number of infractions that may be expunged.

If you have questions you may contact the Expungement Section for further information at 801-965-4445 option-8 or bciexpungements@utah.gov.



Adobe® Acrobat® Reader™ is required to download the Expungement Application Form. To download the FREE Adobe Reader, click here.

Updated May 14, 2013

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[Last Update - Tuesday, 07-Oct-2014 10:25:36 MDT]