How to Expunge a Juvenile Criminal Record in Utah

No one wants to be remembered by the mistakes they made as a child. In Utah, it is possible to expunge (seal) your juvenile record if you meet certain eligibility requirements. Properly expunging a juvenile record means that your earlier juvenile court proceedings are considered never to have occurred. That means you can legally respond to inquiries without mentioning details in the expunged records. The only caveat is that the order to seal records does not bind non-government agencies who may have independent records such as news agencies.

Below is a brief summary of the three main steps for expunging a juvenile record in Utah.

Determine Eligibility for Expungement of Juvenile Records in Utah

First and foremost, you must be at least 18 years old. If you are, then at least one year must have passed from the date of the following:

your unconditional release from the custody of the Division of Juvenile Justice Services
the termination of juvenile court jurisdiction

Be aware that there may be a little wiggle room here. If appropriate, the court may waive one of these requirements. Talk to an experienced lawyer if you think a waiver might be a possibility in your case.

Who is not eligible for expungement?

There are certain things that prohibit a court from allowing expungement. You are not eligible if:

restitution has not been paid
an adult felony or misdemeanor case against you is pending or is being started
you have been convicted as an adult of a felony or of a misdemeanor involving moral turpitude
the record contains an adjudication for murder or aggravated murder

Note: If you have an adult criminal record, you must have your adult record expunged before your juvenile records can be expunged. You can read more about expunging your adult criminal record here.

Obtain a Criminal History Report

Another requirement to petition for expungement is to provide your full criminal history report to the court. This may include any juvenile records you have in other jurisdictions. To get your Utah criminal history report, you can fill out the form and pay a fee for it through the Bureau of Criminal Identification.

Petition the Court

Once you have determined your eligibility and have your official criminal history report, you can begin your petition to the court. You must file the petition in the juvenile court that handled your original case and make sure it is served to the office of the prosecutor. Keep in mind there may be another fee to file the petition.

One thing to know is that it may be easier for the court to fully seal your record if you help identify any agencies known or thought to have records related to your offense.

What Happens Next?

Once a petition is filed, a hearing will be scheduled. The courts will inform all the necessary entities, including the county/district attorney, the juvenile court’s probation department, and the government agencies you indicated as having your records. Additionally, the court may notify the victim if they have requested notice of petitions for expungement.

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The court will then confirm all the eligibility requirements:

whether you are 18 or older
whether it has been at least one year since termination of the juvenile court’s jurisdiction
whether it has been at least one year since your unconditional release from the custody of the Division of Juvenile Justice Services
whether you have not been convicted as an adult of a felony or of a misdemeanor involving moral turpitude
whether there is no adult felony or misdemeanor case against you pending or being started
whether restitution has been paid
whether you have been rehabilitated, taking into consideration your response to programs and treatment, your behavior after adjudication, and the nature and seriousness of the conduct

After the court considers all these issues, if the judge finds your juvenile record eligible for expunction, he or she will issue an order to expunge and seal the records at any state, county, and local government entities.

Find a Lawyer to Expunge a Juvenile Record

While the steps in this post may make the process seem simple, nothing is ever simple in the legal system. There are plenty of opportunities for a petition to be denied. If you have any questions about the process or the strength of your case for expungement, the expert legal team at Brown, Bradshaw & Moffat are here to help. We will make sure your case is as solid as it can be to help you move on from the mistakes of your past.

Call (801) 532-5297 today to discuss your case. Let us put our experience to work for you as we work to expunge your juvenile criminal record in Utah.

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