BCI - Expungements Frequently Asked Questions
How do I get my criminal record expunged?
You start by either coming to BCI or going to our web page and printing off an expungement application. If you arrive at BCI to make application, you will be required to show a valid ID and pay a $50.00 fee to begin the process. If you make application through the mail, please follow the instructions included with the application obtained from our website, www.publicsafety.utah.gov/bci.
Can I apply through the mail?
All processes dealing with expungements may be done through the mail. Even court processes can be handled through the mail.
Yes, you must either be fingerprinted at our office or go to a local law enforcement agency and have your fingerprints put on the application. BCI will verify your fingerprints with the arrest on your record to confirm it is your record.
No, you can do everything yourself. You will need to read the instructions that will be sent with each step of the process. The courts also have instructions to help you with the expungement process.
Since BCI receives between 700 and 800 applications each month it does take approximately 10 to 12 weeks to receive a response to your application. Please be patient and wait for a reply. The more phone calls BCI receives, the longer it will take to get an answer back.
BCI cannot expedite any expungements. Applications are processed on a first in, first out basis.
To start the process, there is a $50.00 application fee. Upon review, if you are eligible for a certificate(s), a $56.00 fee will be charged for each conviction or plea in abeyance dismissal. There will be no certificate fees for dismissals, acquittals, or declinations. The court may also charge fees to file and complete an expungement. Please contact the courts for a schedule of their fees.
You may access the court's web page at www.utcourts.gov or you may find court phone numbers in the blue section of the phone book.
Nothing "falls off" a criminal record. If you weren't fingerprinted, it will not show up on our record, but it may show on the court's records. You still need to go through the expungement process. BCI must receive a copy of the court docket, preferably submitted with your application, to complete the expungement process.
No. After obtaining the eligibility certificate from BCI, you must take the certificate to the court of judgement and the court clerk will provide you with instructions on how to receive the expungement order from the judge.
The judge has the final decision. If he/she doesn't want to issue an order to delete the record, it is his/her choice.
Once an order signed by the judge is received by BCI, the record is deleted and sealed at both the State and the FBI. Please be aware that there are a few agencies that have access to an expunged record. The only other way to open an expunged record is with an order signed by a judge.
Once the judge has issued the order and you have delivered all of the copies to the required agencies you may respond to any question pertaining to the expunged record "as if it never happened". This is according to Utah state law.
You will need to obtain a 'Criminal History Record' report from BCI and take this report to the juvenile court where your case was handled.
You will need to contact the state in which the offense occurred and ask them about their expungement laws. Utah cannot do an expungement for another state.
Update May 8, 2012
[Last Update - Friday, 08-Mar-2013 16:27:15 MST]