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Respond to Possible Objection & Attend any Court Hearing

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

After the court and prosecutor receives your documents, your petition might be granted without further action needed. Other times, the prosecutor might object and a hearing may be scheduled. 

What happens next depends on how the prosecutor responds to your Petition Request. Using the Utah Courts free MyCase Service, you can track what is happening with your case and if the prosecutor has responded. Sometimes your old defense attorney is still being listed as your attorney, and the court sends notice to them instead of to you! Checking MyCase weekly is a great way to make sure you know what is going on in the case if this happens.

If the Prosecutor:

Files a Consent & Waiver of Hearing

If the prosecutor files a Consent & Waiver of Hearing:

  • If there was no victim in the case, the Court can grant and issue an Expungement Order without further action needed.
  • If there was a victim in the case, the court has to wait 60 days from the date you filed your original petition with the court to allow the victim time to file their statement.  If the 60 days passes with no response, the Court can grant and issue an Expungement Order.
Provides no response

If the prosecutor does nothing and you never hear from them:

  • The court has to wait 60 days from the date you filed the original petition to allow the prosecutor and/or victim time to file their statements.
    • If 60 passes with no response, the court can grant and issue an Expungement Order.
  • If the court never hears from the prosecutor, the court will likely schedule a hearing. If a hearing is scheduled, you should attend. You are not required to submit any documents at the hearing. 
Objects (or the Victim Objects or AP&P Responds)

You may file a reply only if the victim or the prosecutor has filed a statement.  This form is optional, meaning you can file it, but do not have to. 

  • If you choose to file a reply, you must do so within 14 days after the victim's statement or the prosecutor's statement was served on you. 
  • The Court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition.  The response will include the reasons probation was terminated, and whether you have completed all requirements of sentencing, probation, or parole.  AP&P will serve the response on the petitioner, the prosecuting attorney and the victim.  You may file a reply to the AP&P response within 14 days after receiving it. 
Form Instructions (English) | Form Instrucciones (Spanish) |  Reply to Prosecutor/Victim Statement Form
    • Regardless of whether you file a formal Reply, the Court will set a hearing, which you MUST be sure to attend, otherwise your Petition will automatically be dismissed.
    • Explain to the court why the interests of the public would not be harmed by granting the expungement.
    • Be sure to bring to the hearing any other documents you have not already filed.

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.   

  • If the Petition is granted and an Order is issued, you MUST proceed to the next Step to complete your expungement. 
  • If the Petition is denied, you may want to speak to an attorney about filing an appeal.  
    • If the court denied your petition due to you still owing fees, not enough time having passed, or having an open pending criminal matter, you can start again at the beginning of Step One and submit a new application to BCI when the issue has been remedied.
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