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How to Expunge a Juvenile Record in Utah

If you were an adjudicated delinquent in your youth and are now an adult, you may be interested in expunging your juvenile record. Let us determine whether you meet all the eligibility criteria for juvenile expungement and get started on the process as soon as possible in Utah.

To be eligible, you must be at least 18 years old and may not have any adult convictions. Before you file for expungement, you must obtain a Certificate of Expungement Eligibility, which we can assist you in obtaining. We will include the certificate with your expungement petition and represent you during the expungement hearing. Let us explain to the judge why you qualify for expungement and present evidence of your rehabilitation or growth.

Call Overson & Bugden’s Salt Lake City, UT juvenile criminal defense attorneys for a free and confidential case assessment at (801) 758-2287.

Can You Expunge a Juvenile Record in Utah?

Utah has specific criteria for determining eligibility for expunging juvenile records. We can see if you meet all the criteria and get started on the expungement process right away.

Age Requirement

First, there is the age requirement. You must be at least 18 years old to expunge your juvenile record, meaning this can’t happen while you are still a minor.

Time Requirement

Utah also requires that at least one year has passed since the juvenile was released from custody or when the juvenile court’s jurisdiction ended. If a case was dismissed without any formal adjudication, we can motion to expunge an arrest immediately.

No Adult Charges

You may not have any adult convictions whatsoever when applying to get your juvenile record expunged. You may also not have any pending adult charges against you, whether misdemeanor or felony.

Restitution Paid

You must pay any and all restitution that is required as part of your juvenile adjudication in Utah. If you do not, the judge may deny your petition for expungement, according to Utah Code § 80-6-1004.1(6)(c).

How Do You Expunge a Juvenile Record in Utah?

Let us help you erase childhood mistakes and expunge your juvenile record in the state of Utah. We can start by helping you obtain a Certificate of Expungement Eligibility, which we will include when we file the expungement petition in court.

Get a Certificate of Expungement Eligibility

The first step in expunging a juvenile record is getting a Certificate of Expungement Eligibility. This comes from the Utah Bureau of Criminal Identification and confirms that you meet the criteria for juvenile record expungement.

To obtain the certificate, you must complete and submit an application, along with the required fees. Rely on us for help with this step, the first in getting your juvenile record expunged.

File an Expungement Petition

After you have a Certificate of Expungement Eligibility, our Utah juvenile criminal defense attorneys can file an expungement petition with the court. We must include the certificate alongside the petition, as well as all other mandatory forms. The Certificate of Expungement Eligibility is only valid for 180 days after it is issued; therefore, we must file your expungement petition within this timeframe.

What Happens During a Juvenile Record Expungement Hearing?

After we file a petition to expunge your juvenile record, the court will schedule a hearing to consider the petition. We will prepare you for this hearing and do what’s necessary to show the judge you are rehabilitated.

  • Judges consider the following when deciding whether or not to grant an expungement petition:
  • Whether juvenile expungement is in the petitioner’s best interest
  • How the petitioner responded to treatment and programs
  • Nature and severity of juvenile charges
  • The petitioner’s behavior post-adjudication
  • The petitioner’s reason for seeking expungement

The judge will also consider whether or not the petitioner is a “restricted person” under § 80-6-1004.1(5)(b)(vi), whether the offense was committed with a weapon, and if expungement poses an unreasonable risk to public safety.

Let us explain how previous juvenile offenses do not represent who you are today, and the judge may grant your petition for expungement, erasing your juvenile record.

What Can You Expunge from a Juvenile Record in Utah

You can get adjudications, non-judicial adjustments, and arrests expunged from your juvenile record in Utah.

Adjudication

Juveniles are not convicted of crimes in Utah. Instead, they are “adjudicated.” You can get adjudications for drug, assault, theft, vandalism, and other common juvenile offenses if you meet the eligibility requirements.

Non-Judicial Adjustments

You may also get non-judicial adjustments expunged from a juvenile record in Utah. Judges often try to avoid severely punishing juveniles, especially upon the first offense. Instead, they may order participation in drug, alcohol, or anger management courses.

To get a non-judicial adjustment expunged, you must be at least 18 years old and have completed the requirements of the non-judicial adjustment.

Arrests

You may also petition to expunge any records of arrest, investigation, or detention that did not result in adjudication, according to § 80-6-1004.3.

How Hard is it to Expunge a Juvenile Record in Utah?

We make expunging juvenile records as simple as possible by confirming your eligibility and handling all the necessary filings associated with the process.

If you have no additional arrests or convictions and meet all other eligibility requirements for juvenile record expungement, there’s a good chance the judge will grant expungement. However, if there are clerical errors or other issues with the expungement petition, the judge may deny it, forcing the petitioner to restart the process. By that time, the petitioner’s Certificate of Expungement Eligibility may no longer be valid, delaying the process even further.

Some juvenile records are harder to expunge than others, and some are not expungable, like violent or sexual offenses. Ask us about your chances of expungement, and we can get started on your case in Utah.

Call Us for Help with Juvenile Record Expungement in Utah

Call Overson & Bugden’s Utah juvenile criminal defense attorneys at (801) 758-2287 for a free case analysis.