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You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI), before filing a petition to expunge records. Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification.
Individuals who were acquitted of charges, have cases dismissed with prejudice, or have conviction records that meet the definition of ?clean slate eligible? under the statute will benefit from automatic expungement under Utah's Clean Slate law.
You aren't facing any other criminal chargesIf you were convicted, then you can have your records expunged after a certain number of years, depending on the severity of the crime: Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years.
It can take several months for BCI to process your request. Once you receive your certificate, you will have 180 days from when it was issued to file it, along with the Petition to Expunge Records, with the court. If the certificate expires, you will have to request a new one.
If the court grants your expungement request, the court will seal all of the related records. If anyone asks about the expunged case, court staff will say the case does not exist. BCI is responsible for telling all state agencies that your records are sealed. BCI will also forward a copy of the order to the FBI.