Prosecutor's Office - Expungements

Utah Code Ann. 77.18.10 relates to expungement rules. This information can be accessed online through Utah State Government's website: http://www.utcourts.gov/howto/expunge/.

If you need instructions or forms from the Bureau of Criminal Identification click on this website: http://www.publicsafety.utah.gov/bci/expunge.html .

Helpful Hints for Turning in Your Expungement Papers

You must first obtain your BCI report from the Bureau of Criminal Identification, a division of the Utah Department of Public Safety. See the link listed above. Then you go to the correct court.

THIRD DISTRICT COURT
450 SOUTH STATE STREET
SALT LAKE CITY, UTAH 84111 SALT LAKE JUSTICE COURT
333 SOUTH 200 EAST
SALT LAKE CITY, UTAH 84111

Both the Third District Court and the Salt Lake City Justice Court provide expungement packets. You must fill in all the information on the forms. If the forms are not filled in, the court will not accept them. If you are attempting to get an expungement on your own, you are acting pro se. (As your own attorney.) We are unable to act in your behalf. If you are experiencing a problem, you will need to contact a private attorney, as we can’t act as your advocate.

If you are representing yourself pro se, you will need to sign on the lines that state, “Counsel for petitioner/pro se petitioner.” These pages are usually found on the second and last page of your PETITION FOR EXPUNGEMENT OF RECORD forms.

***As provided in UCA §77-40-107, you must first submit all of your expungement paperwork to the correct court. The court will date stamp your expungement petition and give you copies of your expungement petition paperwork. You will then need to submit those copies to our office for further handling.

When you come into the office, you will need to fill in a small form specifying whether you want to pick up your paperwork or have it mailed. Make sure you provide an accurate readable address and telephone number. In addition, you will need to provide a valid form of identification, i.e. a driver’s license, Utah State identification card, or a United States passport. Without identification, we will not accept your paperwork. *NOTE: A UTAH DRIVING PRIVILEGE CARD IS NOT AN ACCEPTABLE FORM OF IDENTIFICATION AND WILL NOT BE ACCEPTED.

Our office’s procedure for handling an expungement requires a background check through the Unified Police Department, formerly the Salt Lake County Sheriff. As per UCA §77-40-107(2)(a), upon receipt of a petition for expungement of a conviction, the prosecuting attorney shall provide notice of the expungement request to the victim, if there is one, at the most recent address of record on file. The victim is given 30 days from date of notice to respond to the court in order to register an objection with the court.

If the victim registers an objection with the court, the court shall set a date for a hearing and notify the petitioner, the prosecuting agency and the victim of the date and time of the hearing.

If there is no objection from a victim, or if there is no victim, after all of our requirements have been met, the paperwork will be ready to be picked up or we will mail them back to you at your request. If you request to have your paperwork mailed back to you, you will need to provide a self-addressed stamped envelope when you initially present your paperwork to our office. Otherwise, you will need to pick it up personally. This process will take approximately 45 days from the date the petitioner files their paperwork with the prosecutor’s office.

Our office will NOT send your finished expungement packet directly to the court. That will be your responsibility.