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File Petition with Court & Serve Prosecutor: Instructions & Tasks

- You must Purchase Certificate(s) AND File Petition(s) within 180 days from date BCI responds to your application


Step 2 is the most time consuming part of the process. You can do it!

Complete Tasks A – D outlined below for each certificate of expungement eligibility you received.

  • Task A and B helps you determine which type of form packet you will need to fill out and which Court it will be filed in.
  • Task C helps you fill out the form packet that corresponds with your certificate.
  • Task D tells you how to deliver your paperwork to the Court.

Task A

Determine which type of form packet to file for each eligible certificate.

Each row on the certificate list you received from BCI indicates a different certificate.

Start by looking at your certificate list and determine the TYPE of certificate you have, whether it is a “regular” or a “special” certificate. (You will need this information to determine which form packet to use in Task B).

Below are examples of each:

  • Certificate 126397 is a Regular Certificate. You would need to fill out a Regular Certificate packet in Task C.
  • Certificate 982315 is a Special Certificate. This person would need also need to fill out a Special Certificate packet in Task C.
  • You might have multiple certificates that are Regular or Special. You would need to fill out a packet for EACH individual certificate.
    TaskA-CJI.JPG

Link to screen readable example

Task B

Determine WHERE you will need to file your form packet.

You will need to know the court address, judicial district, and county for the court you will file your form packet with. You can use the court directory to make this determination for each certificate listed you want to expunge.

Here are some examples:

  • Certificate 126397 would need to be filed in Holladay Justice Court. Using the court directory, you can locate the address, as well as identify that the court is in the 3rd Judicial District and located in Salt Lake County.
  • Sometimes a Court will not be listed for the certificate. In this scenario, you will need to file in the district court of the county in which the arrest occurred or citation was issued. If you cannot remember where it was located, look at the prosecutor. Certificate 498745 lists Layton City as the Prosecutor. Layton City is in Davis County, so the court would be Davis County District Court.

TaskB-CJI.JPG

Link to screen readable example

Task C

Once you determine which packet you should use (see below), use these instructions to fill out the packet forms:

Important Instructions for Filling out Packets (English)  Instrucciones (Spanish)  

IMPORTANT: If your certificate lists a case number that is shorter than a 9 digit number, leave the entry for case number blank when filling out your form packet. Old cases that have letters or less than 9 numbers will be assigned a new case number by the court when you file your form packet.

Based on the information gathered in Task A, determine which packet below to fill out. Note: You MUST proceed to Task D after filling out the packet. Packets are NOT submitted electronically.

If you received a Regular Certificate: Fill out this packet

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If a certificate is a "Special Expungement Certificate": Fill out this packet

Answer honestly and to the best of your ability based on what records you have. 

If you leave any requested information blank, you can still proceed and file the petition but it may delay processing and a court clerk may reach out to you for additional information.

Task D

Send your completed form packet to the Court: 

You must file these documents before the expiration date listed on the Certificate List. (Otherwise, you will need to start the application process over.)

  1. Access your completed forms by opening and downloading all attachments sent to you by email from "SALT LAKE COUNTY UTAH adobesign@adobesign.com." If you don't see the email in your inbox, be sure to check your "Junk and/or Spam" folder. 
  2. Print all downloaded attachments (single-sided only) OR you can file your court documents via email.
  3. File the necessary documents with the Courts:
    • Documents can either be hand-delivered or sent by mail. View Court Directory. 
    • If you had to leave the case number blank on the form packet (due to 9-digit numbers not being assigned to very old cases and where charges were never filed), you may want to hand-deliver the form packet or verify with the court clerk that they received your mailing. Save copies of your form packet and call the court to verify they received your petition and to be informed of your new assigned case number.
  4. Make sure you file each form packet with the corresponding court location. You CANNNOT submit all form packets to the same court unless they were all listed as that same particular court.

 

 

 

What's Next?

Once petition packets are received by the appropriate court, a few things need to happen before the Court can grant your expungement Order. We highly recommend that you keep track of your case on the Utah Courts free MyCase service. You can use MyCase to view the record of what is happening in your case and view the papers that have been filed in your case. This is a great way to check to make sure the court received your form packets.

Continue to "Respond to Possible Objection"