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Expungement Procedures


LINDON JUSTICE COURT

EXPUNGEMENT PROCEDURES

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

 

  1. You must first determine whether your charges are eligible for expungement. You will need to contact the Utah Bureau of Criminal Identification (BCI) to obtain a Certificate of Eligibility. There will be a charge at BCI for the Certificate. You may contact BCI at: 801-965-4445. BCI is located at 3888 West 5400 South, Taylorsville, Utah, 84114.

BCI online: http://www.publicsafety.utah.gov/bci/forms.html#Expungement

 

  1. You will need to fill out the Expungement paperwork and bring it along with the BCI Certificate of Eligibility (within 90 days of issuance) to the Lindon Justice Court located at 100 North State Street, Lindon, Utah, 84042. Expungement packets are available at the Court for $5.00, or you can print them off at the Utah State Court Website: http://www.utcourts.gov/howto/expunge/#forms.

You will need to bring in the following documents: 

  •       Certificate of Eligibility from BCI;
  •       Civil Cover Sheet;
  •       Petition to Expunge Records (completely filled out);
  •       Consent and Waiver of Hearing (for Prosecutor);
  •       Order on Petition to Expunge Records (sometimes called Findings of Fact, Conclusions of Law, and Order on Petition to Expunge Records); and
  •      Certificate of Service (return this to the Court once you have served the Petition and Waiver on the Prosecutor).

 

  1. You must then serve (deliver) the Petition to Expunge Records and the Consent and Waiver of Hearing to the Prosecutor. The Prosecutor will take at least 30 days to review the case and then will submit all the forms back to the Lindon Justice Court.

 

  1. Once the Court has received all the documents from you and from the Prosecutor, the Expungement packet will be submitted to the Judge for final approval. Once the Order of Expungement has been signed by the Judge, you will be notified by phone. You will need to pick up all necessary documents and pay the Expungement fee of $135.00. You will need 4-5 copies of your Expungement papers at the cost of $4.00 per copy.

 

Your Responsibilities: 

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:

 

  1.       Bureau of Criminal Identification (BCI)
  2.       The arresting agency
  3.       The booking agency (only if you were booked)
  4.       The Prosecutor
  5.       Your records

 

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:

http://www.utcourts.gov/howto/expunge/

 ***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.

 

Disclaimer


Disclaimer:  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 below.

Legal Resources