IN THE [___] JUDICIAL DISTRICT COURT

[COUNTY] COUNTY, STATE OF UTAH

STATE OF UTAH, │
Plaintiff/Respondent, │ Case No.: [_]
│ Underlying Criminal Case No.: [_]
v. │
│ Judge: [HON. ____]
[PETITIONER FULL LEGAL NAME], │
Defendant/Petitioner. │

VERIFIED PETITION TO EXPUNGE CRIMINAL RECORD

(Utah Code Ann. § 77-40a-101 et seq.)

[// GUIDANCE: This template assumes the Petitioner has already obtained a “Certificate of Eligibility” from the Utah Bureau of Criminal Identification (“BCI”) for each case/offense listed. Attach the certificate(s) as Exhibit A.]

I. DOCUMENT HEADER

1. Effective Date. This Petition is deemed filed on the date stamped by the Clerk of the Court (“Effective Date”).
2. Jurisdiction & Venue. The Court has jurisdiction and venue pursuant to Utah Code Ann. § 77-40a-301 because the underlying criminal matter occurred in [COUNTY] County, Utah.

II. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below:

A. “BCI” means the Utah Department of Public Safety, Bureau of Criminal Identification.
B. “Certificate of Eligibility” means the written certification issued by BCI confirming Petitioner’s statutory eligibility for expungement.
C. “Eligible Conviction” means a conviction that satisfies the criteria of Utah Code Ann. § 77-40a-303, including applicable waiting periods.
D. “Petitioner” means [PETITIONER FULL LEGAL NAME], date of birth [MM/DD/YYYY], last four digits of SSN [-_-__].
E. “Respondent Agencies” means every criminal justice agency, court, or governmental entity maintaining records subject to this Petition, collectively identified in Exhibit B.

III. OPERATIVE PROVISIONS

3. Statement of Eligibility.
   3.1 Petitioner has obtained a Certificate of Eligibility dated [DATE] (Exhibit A).
   3.2 Petitioner satisfies all statutory waiting periods under Utah Code Ann. § 77-40a-301(2), specifically:
   a. Felony convictions – waiting period of 7 years;
   b. Felony drug-possession convictions – waiting period of 5 years;
   c. Class A misdemeanors – waiting period of 5 years;
   d. Class B misdemeanors – waiting period of 4 years;
   e. Class C misdemeanors/infractions – waiting period of 3 years;
   f. All non-conviction records – 30 days after dismissal or expiration of limitations period.

4. Offense Information.
   4.1 Offense/Case 1: [Offense description], offense date [DATE], disposition date [DATE], level [FELONY / CLASS A / etc.], case number [_], disposing court [_].
   4.2 Offense/Case 2: [Repeat as needed]

5. Compliance with Restitution & Financial Obligations. Petitioner affirms that all fines, fees, restitution, interest, and surcharges relating to each offense have been paid in full as of [DATE].

6. No Disqualifying Pending Matters. Petitioner has no pending criminal investigations, charges, or unresolved citations in any jurisdiction.

7. Relief Requested. Petitioner requests that the Court enter an Order directing:
   a. The sealing of all arrest, booking, conviction, and court records associated with each offense listed above;
   b. The removal of all expunged entries from publicly searchable indices;
   c. That Respondent Agencies comply within 30 days of service of the Order; and
   d. Any other relief the Court deems equitable.

IV. REPRESENTATIONS & WARRANTIES

8. Accuracy. Petitioner verifies that all statements herein are true, complete, and accurate to the best of Petitioner’s knowledge.
9. Materiality. Petitioner acknowledges that any material misrepresentation may constitute a criminal offense and grounds for denial or revocation of expungement.
10. Survival. These representations survive the issuance of any Expungement Order.

V. COVENANTS & RESTRICTIONS

11. Post-Order Conduct. Petitioner covenants not to seek to use the expunged records inconsistently with Utah Code Ann. § 77-40a-401, and understands limited disclosure obligations for professional licensure, immigration, or firearm background checks may remain.

12. Notice to Agencies. Within 14 days after entry of the Order, Petitioner (or counsel) shall serve file-stamped copies of the Order on all Respondent Agencies listed in Exhibit B.

VI. DEFAULT & REMEDIES

13. Agency Non-Compliance. Should any Respondent Agency fail to comply within the statutory period, Petitioner reserves the right to move this Court for enforcement, including sanctions and costs.
14. Attorney Fees & Costs. Pursuant to Utah R. Civ. P. 54(d), the Court may award reasonable attorney fees and costs to the prevailing party in any enforcement action arising from this Petition.

VII. RISK ALLOCATION

15. No Indemnification or Liability Caps. As this is a statutory remedial proceeding, indemnification and liability limitations are not applicable.

16. Force Majeure. Compliance deadlines may be extended by the Court for good cause shown (e.g., catastrophic system failure of Respondent Agencies).

VIII. DISPUTE RESOLUTION

17. Governing Law. This Petition and any related dispute are governed exclusively by the laws of the State of Utah, including Utah Code Ann. § 77-40a-101 et seq.
18. Forum Selection. Exclusive venue lies in this Court. Arbitration and jury waiver are inapplicable.

IX. GENERAL PROVISIONS

19. Amendment & Waiver. Any amendment to this Petition or related Order requires leave of Court.
20. Severability. If any provision of the Order is held invalid, the remainder shall remain in full force.
21. Integration. This Petition, its Exhibits, and any Order constitute the complete record for purposes of Utah Code Ann. § 77-40a-401.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of _, 20.

[ATTORNEY NAME], Esq. (Bar No. [#####])
Attorney for Petitioner
[Law Firm Name]
[Address] • [Phone] • [Email]

VERIFICATION

I, [PETITIONER NAME], certify under penalty of perjury pursuant to Utah Code Ann. § 78B-5-705 that the foregoing Petition and all attachments are true and correct to the best of my knowledge.

[PETITIONER NAME], Petitioner
Date: _______

[NOTARY BLOCK – if required by local rule]

CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of _, 20, I served a true and correct copy of the foregoing Petition and all Exhibits upon the following by [HAND-DELIVERY / U.S. MAIL / ELECTRONIC FILING]:

• Office of the [COUNTY] County Attorney
• Utah Bureau of Criminal Identification
• [Any Other Respondent Agency]

[ATTORNEY NAME]

PROPOSED ORDER GRANTING PETITION TO EXPUNGE CRIMINAL RECORD

Pursuant to Utah Code Ann. § 77-40a-301 and based upon the unopposed Petition, the Certificate(s) of Eligibility, and good cause appearing, IT IS HEREBY ORDERED:

1. The Petition is GRANTED.
2. All court, law-enforcement, and prosecution records identified in Exhibit B shall be sealed and designated “EXPUNGED” within 30 days of service of this Order.
3. Each Respondent Agency shall thereafter respond to any inquiry as though the underlying incident never occurred, except as permitted by Utah Code Ann. § 77-40a-401.
4. Failure by any Respondent Agency to comply may result in sanctions upon motion of Petitioner.
5. The Clerk of Court shall mail certified copies of this Order to Petitioner and to all Respondent Agencies listed in Exhibit B.

DATED this ___ day of _, 20.

JUDGE [HON. _]
[] Judicial District Court
State of Utah

EXHIBIT A

(BCI Certificate(s) of Eligibility)

EXHIBIT B

(List of Respondent Agencies with Complete Addresses)

[// GUIDANCE: Practitioners should verify county-specific filing fees, mandatory electronic filing requirements, and any supplemental local forms (e.g., “Cover Sheet for Expungement” or “Information Sheet”). Attach additional exhibits—sentencing order, docket printout, restitution payoff letter—as needed to establish eligibility.]