Utah: Adult Non-Conviction Arrests (UT-NC-2)

Records relating to an arrest, investigation, and detention that resulted in a traffic offense conviction may be eligible for a certificate of expungement, so long as 3 years have passed since the arrest for Class C misdemeanors or infractions and 4 years have passed since the arrest for Class B misdemeanors or infractions. Utah Code Ann. § 77-40a-302(c).

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

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 petitioner must include with the petition the original criminal history report obtained from the Bureau of Criminal Identification in accordance with the provisions of section 53-10-108 and any agency known or alleged to have any records related to the offense for which expungement is being sought. Utah Code Ann. § 80-6-1004(c).

Fees

There is no statutory language on fees.

Effect

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

Waiting Periods

There is a 3- to 4-year waiting period.

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