You can ask the court to expunge your traffic convictions without having to go through the Bureau of Criminal Identification (BCI) to obtain a Certificate of Expungement Eligibility.
You would still need to file a petition with the court and serve the prosecutor and respond to any objections and attend any court hearings.
If the court issues an Order of Expungement, the traffic offense will be removed from court and police records only. Traffic offenses will not be removed from your Utah Driver License record.
You can file a petition for expungement of a traffic conviction if:
Only certain violations qualify as traffic offenses for expungement. Driving without Insurance, Expired Vehicle Registration, and Driving without an Interlock Device are all offenses that would require a Certificate of Eligibility from BCI. See our step-by-step guide for this type of petition-based expungement.
We highly recommend that you use a computer (not a mobile device) to complete the forms on this website. Salt Lake County libraries can assist you with WiFi, computer access, and printing needs.
This guide is intended as a community resource that provides assistance with the petition-based expungement process. You are free to use other resources instead if you choose.
Once you have completed your packet:
Respond to Possible Objection & Attend any Court Hearing
After the Court and Prosecutor receive your documents, your petition might be granted without further action.
Other times, the Prosecutor might object and a hearing may be scheduled.
You can skip this step and move to Purchase Copies of Order if you do not receive any objections. If no objection is received within 60 days from the date the petition for expungement is filed with the court, the expungement may be granted without a hearing.
What happens next depends on how the prosecutor responds to your Petition Request.
If the prosecutor does nothing and you never hear from them:
If the Prosecutor objects, or if the victim objects, or if AP&P respond:
Note: In very rare cases, the court can set a hearing even if the prosecutor or the victim does not object. In these instances, you MUST be sure to attend the court hearing and be ready to explain to the court why expunging the records is not contrary to public interest.
The court will notify you if the Expungement Petition was granted or denied.
Congratulations! Your expungement is now complete.
Note: If you appealed your case to the Utah Court of Appeals or the Utah Supreme Court, you may also want to expunge your appellate records.
This requires a separate process and does not happen automatically just because the trial court expunged its' records. Learn more about Expunging Appellate Records at the link below.
Successfully expunging your record means you can honestly and lawfully state that this criminal incident never occurred on job applications and rental applications. Your record should not show up in general background checks.
Be aware that your expunged records can still be viewed by governmental entities for limited purposes. For example:
Note: Salt Lake County Mayor's Office of Criminal Justice Initiatives does NOT provide guidance on expunging appellate records. For more information please contact an attorney or the Utah Courts Self-Help Center.
If a defendant in a criminal case appealed their case to the Utah Court of Appeals or Utah Supreme Court, they may also want to expunge their appellate records. This requires a separate process and does not happen automatically just because the trial court expunged its records.
To do this, the defendant must file a petition with the Utah Supreme Court. (see Supreme Court Standing Order No. 12).
The petitioner must have an order from a district court which expunges their entire trial court record as well as any information in possession of other government entities, such as law enforcement.
The petitioner must file with the Utah Supreme Court and serve on the Utah Attorney General:
If the Utah Supreme Court grants the expungement petition, the appellate courts will:
Note: non-government entities (such as legal publishers) do not have an obligation to expunge or redact information in their possession.
The Division of Occupational and Professional Licensing (DOPL), oversees the issuing of licenses for certain professions. Criminal records, including expunged records, may affect eligibility for certain licenses.
DOPL can assist you in understanding whether you may qualify for an occupational or professional license. Some of their resources are listed below or you can contact them directly.