Expunging a juvenile arrest and prosecution record means that the court orders the records of the juvenile court and related records of state, county, and local government agencies to be sealed. To expunge an eligible juvenile record under Section 78A-6-1105, you must petition the court. The court does not expunge the record automatically.
After the expungement order has been entered, the petitioner's earlier juvenile court proceedings are considered never to have occurred. In fact, the petitioner may respond to an inquiry as though that incident did not occur. Also, the expunction prevents the public from being able to view or copy the record.
The order to seal records applies only to government agencies so some non-government entities may still have records related to the case including news agencies.
At Brown, Bradshaw & Moffat, LLP, our attorneys represent juveniles at every state of their case. Call our experienced juvenile defense attorneys in Salt Lake City, Utah, to learn more about the petition to expunge the juvenile record.
We can help you or your child expunge a juvenile record in Salt Lake County or any of the counties in Utah. Let us put our experience to work for you. Call (801) 532-5297 today.
Utah Juvenile Expungement Information Center
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To petition the court for the expungement of a juvenile record, the petitioner must be at least 18 years old and at least one year must have passed from the date of:
In some cases, the court may waive one of these requirements if the court finds that the waiver is appropriate.
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The court is not allowed to expunge the petitioner's juvenile record if:
If the petitioner has an adult criminal record, then the adult criminal record must be expunged before the juvenile records can be expunged. A hearing is not required if the petitioner’s juvenile court record consists only of non-judicial adjustments.
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Before filing a Petition to Expunge Records, the petitioner must first obtain their adult Criminal History Report from the Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety. To obtain the Criminal History Report from BCI, the petitioner must pay a fee for the report. In some cases, the judge will want to see criminal history records from other jurisdictions in which the juvenile lived previously.
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Unless waived by the court, there is a fee to file the petition to expunge the juvenile record. The petition to expunge the juvenile record must be filed in the juvenile court that handled the original juvenile court case. The original Criminal History Report from the Bureau of Criminal Identification (BCI) must be included with the petitioner.
So that the records can be properly sealed, the petitioner must identify any agencies known or thought to have records related to the offense for which expungement is being sought. The petition must also be served on the office of the prosecutor who handled the original juvenile court case.
After the petition is filed, the court schedules a hearing and notifies the petitioner, the county attorney or district attorney, the juvenile court's probation department, and the government agencies named by the petitioner as having custody of related records.
If a victim in the case has requested notice, then the court will also notify the victim and provide them with a copy of the petition and the statutes and rules that apply to the expunction process.
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At the hearing, the court will consider the following:
After considering these issues and determining that the record is eligible to be expunged, the Court will grant the petition and enter an order to expunge the petitioner's juvenile records held by any state, county, or local government entity.
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Additional Resources
Section 78A-6-1105 for Expungement of Juvenile Court Record - Visit the website of the Utah State Legislature to learn more about the juvenile court act and the expungement of juvenile court records effective July 1, 2015. Find eligibility requirements, the filing of a petition, and requirements for notice to the victim in the case.
Expunging Juvenile Records in Utah - Visit the website of the Utah Courts to find information on expunging juvenile records, determining eligibility to seal juvenile court records, obtaining the criminal history report, the petition to expunge records, attending the hearing, and the order to expunge records.
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If you were arrested and prosecuted for a crime in juvenile court, you might eventually become eligible to expunge and seal that arrest record and court filed. An attorney can help you at every step of the process from filing the petition to standing beside you at the hearing.
Call (801) 532-5297 today to discuss your case. Let us put our experience to work for you as we work to expunge your criminal record in Utah.
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