Bureau of Criminal Identification
Expungement Eligibility
WHERE TO APPLY
Utah Department of Public Safety printer friendly version
Bureau of Criminal Identification
3888 W 5400 S
Taylorsville UT 84129
801-965-4445
View pamphlet "Criteria for a Certificate of Eligibility" (Overview of the Expungement Process)
For a list of frequently asked questions regarding expungements click here.
Form needed to obtain a juvenile record expungement certificate click here.
EXPUNGEMENT ELIGIBILITY
Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification (BCI). This includes incidents in all states and previous expungements. We will conduct a thorough background check and you will be notified by mail of your approval or denial. Click here to download the Expungement Application Form.
Reasons for Denial:
- Capital felony U.C.A. 77-40105(2)(a)(i)
- First degree felony U.C.A.77-40-105 (2)(a)(ii)
- Violent felony U.C.A.76-3-203.5 (1)(c)(i)
- Automobile homicide U.C.A.77-40-105 (2)(a)(iv)
- Felony DUI Alcohol/Drugs U.C.A. 41-69-501(2)
- Registerable sex offenses U.C.A. 77-27-21.5(1)(n)
- A proceeding is pending or being investigated 77-40-105(2)(b)
- Statute of limitations has not been met U.C.A. 77-40-104(1)(c)(iv)
- Fines, interest, and restitution not paid U.C.A. 77-40-105(3)(a)
- Time required by law not met U.C.A. 77-40-105(3)
- Two or more felony criminal episodes U.C.A.77-40-105 (4)(a)
- Any combination of three or more convictions that contain two class A Misdemeanors U.C.A. 77-40-105(4)(b)
- Any combination of four or more convictions that contain three or more Class B Misdemeanors U.C.A. 77-40-105(4)(c)
- Five or more misdemeanors or felony episodes U.C.A. 77-40-105(4)(d)
Expunging Traffic Offenses as Defined in U.C.A. 77-40-102 (10)
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.
When expunging a traffic offense the record will only be deleted from court records and will not affect the Utah State Driver License files.
Decisions are made according to Utah state statute. Go to www.le.state.ut.us and select "Utah Code/Constitution" link to search by title.
Time period does not begin until all confinement and probation has been completed.
Time Periods
- 10 years - Any alcohol/drug related traffic
- 7 years - Eligible Felonies
- 5 years - Class A Misdemeanor
- 4 years - Class B Misdemeanor
- 3 years - Class C Misdemeanor and infractions
- 30 days - Dismissals
There are no limits on the number of infractions that may be expunged.
If you have questions you may contact BCI at 801-965-4445 option 2.
Adobe® Acrobat® Reader™ is required to download the Expungement Application Form. To download the FREE Adobe Reader, click here.
Updated July 13, 2012