LINDON JUSTICE COURT
Utah State law on Expungements can be found in the Utah State Code 77-18-10 through 78-18-15. The procedure used in other states may differ, so you will need to contact the court within the state where the record that you wish to expunge exists.
The Utah Expungement Act governs how records of an arrest or conviction are expunged in Utah regardless of when a person was arrested or convicted. Expunging a criminal record does not change history. Expunging a record does mean that the court orders the records of the arrest, investigation, detention, and conviction in the criminal case be sealed. Sealing a record means that the public cannot view or copy the record. Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest).
If an agency does not receive the expungement order, they are not required to seal their records. It is up to the defendant to ensure that all of the proper agencies receive a copy of the expungement order. A government agency that has received an expungement order will respond to an inquiry as though that arrest or conviction did not occur. A person who has had records expunged may respond to an inquiry as though that arrest or conviction did not occur. The order to seal records applies ONLY to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected.
After a record is expunged, an agency's sealed records can still be viewed and copied by some government officials, and the court can order the records unsealed under some conditions. Although the records being expunged are criminal records, the petition to expunge is a civil case. In proceedings to expunge a record, the defendant in the criminal case is the petitioner in the expungement case.
When is an Expungement Allowed?
Any alcohol or drug related traffic offense (Title 41) 10 Years
Class B Misdemeanors 4 Years
Class C Misdemeanors 3 Years
Infractions 3 Years
Dismissals 30 Days
*Time is calculated form the case’s closing date. This includes but is not limited to the completion of any terms of incarceration, parole, or probation—whichever occurs last. Absentia convictions are considered convicted from the date of arrest.
How to Expunge a Record
You will need to bring in the following documents:
It is YOUR responsibility to serve the Expungement order to ALL of the affected agencies. You will receive 4-5 copies of the order to distribute as follows:
If you live out of state, then you must submit a 9” x 12” self-addressed and stamped envelop. The Court will return the certified copies to you for distribution.
*Please note that until each agency receives the completed and certified packet, the case is not expunged in that agency.
The original Petition and Order of Expungement will be added to the court’s file prior to the record’s Expungement and sealing, and it becomes permanent property of the Court. Upon the Court’s Expungement of any record, we will no longer be able to access any information pertaining to the case under the Defendant’s name.
**For more information, please go to the Utah State Court website:
***Please note the purpose of this website is to provide legal information to the public and should not be considered legal advice. It is up to you (and your attorney) to decide on what legal course to take. The Court and Court Clerks may provide information to you, but they cannot give you any advice on what you should do. If you would like legal advice, please consult the Legal Resources link.