New laws came into effect regarding expungements. The eligibility requirements have changed to the detriment of many. To be eligible for expungement, the case has to be dismissed with prejudiced, meaning it cannot every be filed again. Rarely, is a case dismissed with prejudice. So it used to be that if a case was dismissed without prejudice, the citizen could file for expungement after 30 days. Now, the person must wait as if convicted of the charge. Here is the eligibility statute:
Title 77 Utah Code of Criminal Procedure
Chapter 40 Utah Expungement Act
Section 104 Eligibility for expungement of records of arrest, investigation, and detention — Requirements.
77-40-104. Eligibility for expungement of records of arrest, investigation, and detention — Requirements.
(1) A person who has been arrested with or without a warrant may apply to the bureau for a certificate of eligibility to expunge all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:
(a) at least 30 days have passed since the arrest for which a certificate of eligibility is sought;
(b) there have been no intervening arrests; and
(c) one of the following occurred:
(i) charges were screened by the investigating law enforcement agency and the prosecutor has made a final determination that no charges will be filed;
(ii) the action against the person was dismissed with prejudice;
(iii) the person was acquitted at trial; or
(iv) the statute of limitations has expired on the offense.
(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.
If you are convicted of the crime, or the case was dismissed without prejudice, you must wait the time periods listed below before you can expunge: (77-40-105)
i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) (DUI) or a felony violation of Subsection 58-37-8(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of a class A misdemeanor;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.
6 responses to “New Utah Expungement Law”
I’m a little confused on this matter. So can anyone apply for expungement even if its just a traffic violation?
I had no idea that a DUI can be so costly. Thanks for all the information.
I have been clean and sober for 6 years now and very involved in Alcoholics Anonymous recovery in Oregon. However, I had a Misdemeaner DUI, Attempt To Possess a Controlled Substance and a Theft charge in Joab County right before I got clean. I want to get this expunged and am trying to find out what I must do to make this happen. I don’t want it to interfere with my career choices. I need explicit directions of where to go and what to do. Thanks Shaunna
Dear Mr. Neely,
I filed for expungement of my arrest in april 2010,re DV charges dismissed without prejudice.
Received denial 8 weeks later re “dismissed w/ prjudice requirment”.
Hoever, since the new law became effective May 2010, wouldn’t the old law govern my expungemnt application?
I filed for an expungement certificate in Utah, and waited 90 days, the expungement I was hoping to expungement was a charge over 7 years ago of selling a 25 dollar bag of pot that is the charge that is hurting me finding a good job. I have had other conviction for things, so when the state sent my certificates it was for 3 charges that were originally dismissed and it said on the paper that 3 certificates issued too many other convictions, so does that mean I can’t get this felony expunged ever? The certificates they sent me were for a dui that was dismissed and interlock devic that was dismissed and a unlawful possession or consumption that was dismissed. I really need this felony charge dismissed, I want to hunt deer, I want to be eligible for a good job, I want to be eligible for a passport someday, what can I do?? thanks Jeremy
I have 2 dui’s over 10 years ago
I have had an arrest for dui dismissed.
still on records of the courts.
I have a driving while impared cold medication paid fine served probation.
Please give me some idea where I need to go as it is impossible to get a job.