Expunging a Record

Utah’s “Clean Slate” law was implemented on February 10th 2022 and the Utah Courts began the process of automatically expunging qualifying misdemeanor records.  “Clean Slate” eligible cases include Class A misdemeanor drug possession offenses, qualifying class B and C misdemeanor offenses, minor regulatory offenses, and infractions.  Learn more here.  

Individuals with more serious criminal offenses who are eligible for expungement will still need to go through the traditional petition-based process.  A new online, community resource for individuals who do not qualify for “Clean Slate” can be found within Salt Lake County’s Expungement Tool Kit.

1. 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 on your total criminal history, not just what has been reported to the Bureau of Criminal Identification. BCI will conduct a thorough background check, including incidents in all states and previous expungements. BCI will notify you by mail of your approval or denial. BCI is located at 4315 South 2700 West, Taylorsville, Utah 84129, phone number (801)965-4445. To get started, you may download the Expungement Application Form from BCI’s Department of Public Safety website. There will be a charge at BCI for the certificate and background check. 

2. Once you have received the certificate of eligibility from BCI, bring the certificate to the Holladay Justice Court within 180 days of the date it was issued and file it along with your petition.  A copy must be requested at the time of submission.  The following fee may be associated with the expungement process:

  • The fee for filing a petition for expungement is $135

You must select the packet that applies to the disposition of your case, click here for the packet

3.  Please fill out the forms in their entirety and submit them to the court. ONLY SIGN THE PETITION. The Order is for the Judge to sign; please do not sign it. 

4.  Pursuant to New Utah Rule of Criminal Procedure 42, the Court has the responsibility of serving the prosecutor with a copy of your petition.  The Prosecutor will review your petition and may respond to you and the court.  A response should be received within 60 days.

5.  Once the court has received a response from the Prosecutor or 60 days have passed, the Judicial Assistant will submit your completed expungement packet to the Judge for final review and order.