Utah Motion to Seal Records and Documents

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Multi-State
Control #:
US-03331BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

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.

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.

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.

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.

Most traffic offenses can be expunged without limit as long as time periods have been met and have no pending cases or fines owed. Traffic charges are not included in determining if a person is eligible for future certificates of eligibility and expungement.

You can ask the court to lower the degree of your criminal conviction if you meet the requirements. Sometimes this is called a "402 reduction" or a "402 motion." The name refers to the part of the law that describes the requirements. The law is Utah Code Section 76-3-402.

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Utah Motion to Seal Records and Documents