How long does expungement take in Utah?
Asked by: Rubie Langworth | Last update: January 14, 2026Score: 4.6/5 (70 votes)
It takes about six months for the BCI to process expungement applications. Once your application is processed, a Utah court will need to hold a hearing to determine whether your petition for expungement will be granted.
What is the waiting period for expungement in Utah?
Charges were filed but my case was dismissed without prejudice. You can ask for expungement if: At least 30 days have passed since the arrest, and. Either the prosecutor consents in writing to the expungement or at least 180 days have passed since the day the case was dismissed.
Does Utah automatically expunge your 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.
What charges cannot be expunged in Utah?
Exclusions: While Utah law allows most types of records to be expunged, due to their nature, certain types of records cannot be expunged under Utah law. These include capital felonies, certain violent felonies, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses.
How to check expungement status?
The best way to find out if this has happened is to go to the Court where your case was at and ask to see the documents. If they do not have them the case was expunged and some private company has the records and provided them when the background check was done.
How Can I Get My Records Expunged In Utah
Can I get a charge expunged without a lawyer?
Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.
What is considered a clean criminal record?
Lawyers will advise you that clean criminal records are ones in which no convictions are present. Some of the items that will appear on criminal records include: Convictions and arrests. Dismissals.
How many times can you expunge your record?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
Will an expunged record show up on a level 2 background check?
The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level 2 background checks, though unsealing the details of those records typically requires a court order.
How do I clean my background check?
Clearing your criminal record in California can be a complex process, but it is possible under certain circumstances. There are two main avenues to pursue: expungement and sealing/destroying records.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How do you know if you have a clean background check?
If you want to know whether you passed your check, you can either reach out to the employer who requested it or reach out to the background check company itself. Ultimately, you can fight for yourself, especially if you fail your background record check.
What crimes go on your record?
- Felonies. It should come as no surprise that felonies may appear in background checks. ...
- Misdemeanors. ...
- Traffic Violations. ...
- Non-Convictions. ...
- Civil Suits. ...
- Juvenile Records. ...
- Sealed Records.
How do you answer "Do you have a clear criminal record?"?
Be Honest: Transparency is key. If the job application or interview process requires disclosure of criminal history, provide accurate information about your past convictions. Avoid minimizing or omitting details, as this could jeopardize your credibility and trustworthiness.
Where do expunged records show up?
If you're wondering if expunged records show up on fingerprinting, the best thing to do is to check if your criminal record is in the NCIC database. If it is, your expunged crime could still show up on a fingerprint background check, because those are run through that federal database.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
How do I know if I'll pass a background check?
- Make sure you're well-prepared for these checks. ...
- Check your credit. ...
- Review your driving record. ...
- Be informed about banned substances. ...
- Contact former employers and ask for copies of your employment records. ...
- Research local employment laws. ...
- Beat employers to it.
What are the disqualifying offenses for background checks?
INTERIM DISQUALIFYING CRIMINAL OFFENSES
Extortion. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks). Bribery. Smuggling.
How far back do most criminal background checks go?
Employment background checks can typically go back as far as seven to ten years, though that timeframe can vary depending on the type of check, the position being applied for, industry regulations and state or local laws.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
How do I get something removed from my background?
- Step 1: Research Your Eligibility. ...
- Step 2: Consult with an Attorney. ...
- Step 3: Petition for Expungement or Sealing. ...
- Step 4: Apply for a Pardon. ...
- Step 5: Update Private Databases.
Is it possible to run a background check on yourself?
If you want to run a personal background check on yourself, you have two primary options: Hire a personal background check service or do it yourself via internet searches and public tools.
Why does my background check take forever to clear?
Multiple factors can affect how long your background check takes to come back, such as incomplete data records, different state regulations, and third-party delays. Many of them are out of your control, which can feel frustrating. However, being aware of these factors may help you understand the delays.