Utah Affidavit in Support of Motion to Order Expungement of Criminal Record

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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

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.

I was convicted (Click to expand) What was your offense?Has enough time passed? Count from the date you were convicted or released from incarceration, probation or parole. Use whichever occurred last.Misdemeanor conviction of Subsection 41-6a-501(2) Felony conviction of Subsection 58-37-8(2)(g)10 yearsFelony7 years3 more rows

Expungement Cost $65 application fee ? File ?Application of Eligibility? with Utah Bureau of Criminal Investigation (BCI). $65 for each certificate ? Order ?Certificates of Eligibility?? from BCI for each conviction.

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.

Utah's Clean Slate law requires the government to use technology to identify and automatically expunge minor criminal records for qualifying individuals who have remained crime free for a set period of time.

Exclusions: While Utah law allows most types of records to be expunged, due to their nature, certain types of records cannot be expunged under Utah law. These include capital felonies, certain violent felonies, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses.

Pardons are currently granted very infrequently in Utah, so if your firearm rights were taken due to a felony conviction, the easiest and most common way to restore firearms in Utah is via expungement.

Record Expungement Eligibility 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 ...

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Utah Affidavit in Support of Motion to Order Expungement of Criminal Record