Utah: Adult Non-Conviction Arrests (UT-NC-1)

Records relating to an arrest, investigation, and detention can be expunged by the court upon acquittal, dismissal, expiration of the limitations period, or prosecutorial decision not to file charges, so long as 30 days have passed since the arrest among other conditions. Utah Code Ann. § 77-40a-302.

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Utah Code Ann. §77-40a-302(2) for ineligibility.

Procedure General

The individual shall file a petition for expungement, in accordance with the Utah Rules of Criminal Procedure, that includes the identification number for the certificate of eligibility described in subsection 77-40a-304(1)(d)(ii). Utah Code Ann. § 77-40a-301, Utah Code Ann. § 77-40a-305.

Fees

The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304.

Effect

The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2).

Forms

For more information on the expungement of adult arrest records in Utah, click here.

Waiting Periods

The person may apply for a certificate of eligibility for expungement 30 days after the arrest. The Bureau of Criminal Identification shall issue a certificate of eligibility on an expedited basis to a person who is acquitted on all charges.

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