Answer: YES. The entire process is through the mail, outside of filing a petition with the conviction rendering court. 
Answer: Yes. You can get fingerprinted at your local agency, or sometimes any agency where you live or work by. The county sheriff can also fingerprint. Don’t go to the FBI, as they are a federal creation, not a state entity.
Answer: If you are fast in getting the attorney what they need, then it can take 3 months. The Bureau of Criminal Identification (“BCI”) fluctuates on it’s backlog. You should apply NOW to get a jump start on the process.
Answer: Applications are processed on a first in, first out basis at BCI. Although when you have been acquitted by a jury, or have finished a plea in abeyance, the waiting period is reduced to 30 days to start the expungement process. Most waiting periods are 7 years (F3), 5 years (MA), 4 years (MB), 3 years (MC/Infraction).
Answer: Only one way to officially expunge your records is through the Utah Expungement Act, found at Utah Code 77-41a-101 et seq.
Old convictions as a general rule stay on your record forever. Don’t think just because you got a plea in abeyance, a dismissal or acquittal that your records will automatically be expunged.
Some drug and minor Class B and Class C misdemeanors are automatically expunged after a mandatory 4-7 year waiting period. Don’t wait, expunge them know as it makes your life so much easier.
Answer: There is a $65 application fee to start the expungement process and receive an eligibility certificate(s). $65 fee will be charged to each case (conviction & plea in abeyance). No cost applies to certificates for dismissals, acquittals, or declinations.
A criminal record is way more than just a criminal conviction. Although a criminal conviction is a huge, huge, part of anyone’s criminal record, it is just one part. A Utah criminal records can consist of the following parts:
–Criminal convictions.
–Criminal charging records with the court.
–Prosecutorial files.
–Court files.
–Police records such as body camera footage, pictures, crime scene investigations, police reports and internal police databases.
–Jail and prison booking records.
–Arrest records.
Answer: Yes. The judge has the final decision. Victims also have the right to be heard and can object to your expungement. Prosecutor’s can also object to your expungement.
Answer: Some expunged Utah records can be released to agencies that have access to your expunged record Utah Code 77-40a-403(2)(b). Agencies or parties can petition the judge to unseal an expunged record. You need to accept the fact that if the government wants to see your expunged record, they will.
Prosecutors on initial glance can’t see expunged Utah records.
Answer: The tricky housing or employment application question is: “Have you ever been arrested, charged, convicted or had a conviction expunged?”
Before your expungement you must answer affirmatively.
After your expungement you can answer as if the entire matter never happened. See Utah Code 77-40a-401(2).
Answer: A juvenile expungement is very similar to an adult expungement, but follows a different statute and has different juvenile rules.
Answer: You can only expunge Utah convictions in Utah. You must reach out to each respective state where the conviction occurred to get that expunged. Each state laws are different.
Answer: The mandatory waiting periods for applying to expungement are the following:
DUI/DUI Like Conviction: 10 years when case closed successfully closed.
Felony: 7 years from when the case closed successfully.
Misdemeanor A: 5 years from when the case closed successfully.
Misdemeanor B: 4 years from when the case closed successfully.
Misdemeanor C: 3 years from when the case closed successfully.
Infraction: 3 years from when the case closed successfully.
Answer: The following are common reasons for a denied eligibility certificate.
Common Denial Reasons:
Capital felony UTAH CODE 77-40a-303(1)(a)(i)
First degree felony UTAH CODE77-40a-303(1)(a)(ii)
Violent felony UTAH CODE76-3-203.5 (1)(c)(i)
Felony DUI alcohol/drugs UTAH CODE 41-6a-501(2)
Register-able sex offenses UTAH CODE 77-41-102
A proceeding is pending or being investigated U.C.A 77-40a-303(1)(b)
Felony automobile homicide UTAH CODE 77-40a-303(1)(a)(iv)
Statute of limitations has not been met UTAH CODE 77-40a-302(6)(d)
Any combination of three or more convictions that contain two class A Misdemeanors UTAH CODE 77-40a-303(5)(b)
Any combination of four or more convictions that contain three or more Class B Misdemeanors UTAH CODE 77-40a-303(5)(b)
Five or more misdemeanors or felony episodes UTAH CODE 77-40a-303(5)(d)
Fines, interest, and restitution not paid UTAH CODE 77-40a-303(3)(a)
Time required by law not met UTAH CODE 77-40a-303(3)(c)
The super secret lawyer trick with 402 reductions is that you can file a 402 reduction and shorten your mandatory waiting periods by 1 year or more.
Rule 402 Criminal Reductions—Get Your Utah Felony Reduced to a Misdemeanor
