Utah Criminal Court Records

Criminal court records in Utah are a compilation of the proceedings and outcomes of a criminal case, presented in a document format. When a person violates Utah law, they are likely to face arrest, arraignment, investigation, trial, and judgment. Each step in the criminal court proceeding involves charges, court appearances, sentencing, plea bargains, imprisonment, and release, all of which form different parts of the record.

The public's access to criminal court records in Utah is a significant step toward understanding how the justice system operates, making decisions in personal legal matters, and protecting the public. This process promotes transparency between the public and the justice system, enabling proper public oversight. Criminal records also allow judicial officers to track the history of a criminal case for the prosecution of crime suspects over time.

The Utah Judiciary is a major custodian of criminal court records, although state laws and other court rules govern access to these records.

Are Criminal Court Records Public in Utah?

Yes. Most criminal court records in Utah are public and accessible to the general public. The Government Records Access and Management Act (GRAMA) governs the release of criminal court case materials available within the jurisdiction of the Utah Judiciary Branch. Under the law, a Utah criminal court record is open to any person with a legitimate interest, and the requester has the right to inspect and make a copy of the public record free of charge (Utah Code § 63G-2-201). Additionally, the public can follow the conventional guidelines outlined in the Code of Judicial Administration (UCJA Rule 4-202.02) to access and manage these records.

With access to public criminal records, certain restrictions apply. Members of the public may be able to inspect or request copies of criminal case records unless a specific law or court order mandates confidentiality. These restrictions are put in place to protect a person's privacy, ensure an impartial trial, or maintain the integrity of a criminal investigation. Documents or information categories that are not open to the public are either sealed or expunged by the Supreme Court.

According to UCJA Rule 4-202.02, examples of confidential criminal case information include:

• Records showing the identity of a confidential informant
• Probation agency and institutional reports or evaluations
• Medical, psychiatric, or psychological records
• Records that are subject to the attorney-client privilege
• Identifying details of a victim or witness of a crime
• Record of a private court hearing or of a child's testimony taken under (Utah Rule of Criminal Procedure 15.5)
• Reports of investigations by Child Protective Services
• Victim impact statements
• Records, of which disclosure would interfere with supervision of an offender's incarceration, probation, or parole.

What Criminal Court Records Contain in Utah

Criminal court records in Utah contain information relating to the progress of the state's justice system. However, confidential material and sensitive information, such as victim and sensitive identifying details, are usually excluded.

A typical criminal case record contains both case information and case documents, which include:

Case Information:

• Names of the parties (defendant, prosecutor, defense attorney)
• Case number
• Filing date and court location
• Charges
• Case specifics
• Hearing dates and schedules

Case Documents:

• Register of actions
• Court minute entries
• Order or judgment books
• Digital recordings of proceedings
• Materials submitted to the court (petitions, pleas, affidavits, motions)

Utah Criminal Court Records Search

To find a Utah criminal court record, the requester must first identify the District Court in each of the 29 counties where the case was heard. This information will ease the search for records in person at the courthouse or through online case management systems.

Statewide Online Portals

The Utah State Courts offer an online portal known as XChange, which allows access to district and justice court case information. All felony and class A misdemeanor cases are filed in district courts, while small claims cases are filed in justice courts.

Although the XChange portal is primarily accessible to attorneys, agencies, and professionals, it mandates users to first register for a paid subscription account. The portal is searchable by jurisdiction, search type, case number, party name, search scope, or citation number.

Users will be required to pay a fee of $0.15 per search, which will increase to $0.35 after the first 500 searches have been completed. The fee to download documents will increase from $0.50 to $1.00 per document. A monthly subscription fee of $40.00 applies.

Alternatively, myCourtCase is an online management system in Utah that allows only parties directly involved in a case (defendants, attorneys of record, etc.) to view case history, scheduled hearings, and filed documents. Users will have to create a new MyCourtCase account using an email address, case number, and a government-issued ID.

In Person Searches

Not all criminal court records are fully available to the public via the e-access portals. In person, individuals can visit the district court with jurisdiction over the criminal case in the county to search for complete criminal-related records. Upon request, certified copies of criminal case documents are available for use on the public computers at the courthouse. The courthouse assistant may provide guidance on rules and procedures for conducting each search. However, making direct requests for certified copies of documents incurs a cost of $4.00 per document and $0.50 per page (Utah Code § 78A-2-301.5).

Free Access to Criminal Court Records in Utah

In-person visits to Utah district courts at the county level offer access to public computer terminals and are typically free for searching case records. Public terminals usually display the same court register of actions that clerks use for legal purposes. However, submitting requests or printing copies of documents from the office may attract fees.

The Utah State Court's website publishes a public case register or record of actions through the state court's XChange system at no cost. A non-certified register can also be viewed online or at the courthouse at no cost. Please note that older cases may not be available online through these methods and can only be accessed in physical documents.

Under Utah Code § 78A-2-302, indigent parties may request a fee waiver. The waiver covers the cost of copies or certification if the court determines that the applicant meets the indigency standards.

Sealing and Expungement of Criminal Court Records in Utah

The State of Utah limits access to records of past criminal activity through court processes such as sealing and expungement.

Sealing a record restricts certain case information from public view, making it accessible only to eligible parties. On the other hand, expungement is a form of compensation under the Utah Expungement Act (Utah Code Title 77, Chapter 40) that allows a court to remove the entries of an arrest or conviction in a criminal case.

How to Seal Criminal Court Records in Utah

The Rules of Judicial Administration govern the sealing of criminal records in the state of Utah. This process is limited to juvenile records or specific case documents restricted by law or court order.

To seal a criminal record in Utah, the individual must petition the court for an order to expunge the record, as the sealing process is similar to the expungement process.

• File a Petition

The defendant can file a written petition to seal with the court that has jurisdiction over the case. Information on the petition should include a name, the case identifier, a description of the documents to be sealed, and an order for the judge to sign.

• Serve the Prosecutor

The petitioner must serve a copy of the petition to the prosecutor who handled the case and other persons involved. Service may also be made to the custodians of the record, giving the prosecutor a chance to object based on reasons to deny sealing the record. If a party or the prosecutor involved in the case objects, the court will most likely set a hearing.

• Court Review and Hearing

The judge will review the petition while considering the state's law on sealing of records before making any decision to seal. Court review includes making findings set out in the rules and related case law when sealing a document.

• Issuance of a Sealing Order

If the petition is granted, the court will issue an order to seal the record. This order directs the court clerk and any relevant agencies to restrict public access to the specific record. Although the record may still exist, public access to sealed records is limited to authorized persons under the court rules.

Filing petition or copy fees may apply; however, Utah law provides fee waiver procedures for indigent applicants. The court may grant a fee waiver after reviewing the applicant's financial information.

How to Expunge a Criminal Record in Utah

The Utah Code § 77-40a-303 governs the process of expunging criminal records in Utah, which involves the dismissal of a conviction after fulfilling certain requirements.

• Confirm Eligibility

A petitioner is eligible to apply for expungement if the petitioner has paid in full all fines and interest related to the conviction ordered by the court. Certain time periods must have passed after the day on which the petitioner was convicted or released from incarceration or probation.

• Request Certificate of Eligibility

Petitioners can apply to the Utah Bureau of Criminal Identification (BCI) to request a certificate by providing fingerprints and paying the application fee of $65.

BCI checks the petitioner's criminal history to determine eligibility, and if eligible, will issue a Certificate of Eligibility that is valid for a limited period of 180 days.

• File a Petition

After receiving the Certificate for Expungement Eligibility, petitioners can obtain an expungement packet online from the Utah State Court website. There is a $135 fee to file a petition for expungement, accompanied by a certificate of eligibility. Note that fee waivers are available for indigent petitioners, persons with limited financial resources who want to clear their criminal records.

• Serving Notice

The petitioner must serve copies of the petition on the prosecuting attorney or the law enforcement agency as specified in the certificate.

• Petition Review and Court Hearing

The court will review the petition to determine whether to accept or deny it. If there are no objections from any party involved, the court may grant the expungement without a hearing. With objections, the court will schedule a hearing.

• Distribution of the Order

Upon granting the petition, the court will issue an Order of Expungement, which will be sent to the relevant agencies. Once processed, the right agencies may seal or destroy the specific public record.

Criminal Records in Utah vs Court Records

In Utah, criminal records and court records may be similar but quite distinct. Criminal records are a documentation of a person's criminal history and convictions since contact with the state's justice system. In contrast, the Utah State Courts generate court records, which are a compilation of information on all proceedings and outcomes of cases within the court.

Requesting a Utah Criminal History Record

Utah criminal history records are maintained by the Bureau of Criminal Identification (BCI) in the state. Individuals may request a copy of their criminal history directly from the BCI division for legal purposes such as employment background checks and expungement petitions. However, public access to another person's criminal history record may be restricted by law, unless authorized by court order.

How to Request a Utah State Background Check

Certain law enforcement agencies have the right to provide members of the public copies of their own Utah criminal histories. Individuals can request a criminal background check from the Utah Bureau of Criminal Identification office in person or by mail.

In person, visit the office to obtain a copy of their own criminal history at a fee of $20.

Utah Bureau of Criminal Identification

To submit a request via mail, visit the Utah Bureau of Criminal Identification (BCI) page to fill out the Criminal History Record (Criminal Background Check) application form. Attach the completed application form, fingerprints, a valid government-issued photo ID, and a fee of $15 to the request to the BCI office.

Fingerprints for a criminal background check may be taken electronically (Live Scan) at the local law enforcement agency or the BCI office. The purpose of a fingerprint-based check is to avoid any mistaken identity.

Active vs Archived Criminal Cases in Utah

Active criminal cases may be open or pending and will remain on the court's current docket system. Requesters can access active criminal cases through online portals in Utah, such as myCourtCase and XChange. In contrast, archived criminal cases are closed and no longer available in the court's management system. These files are likely to have been moved to the Utah State Archives or other long-term storage and management systems.

Interested persons may not be able to find active case records through online search portals and must submit written record requests to the State Archives or the Court Clerk to access them. However, note that requests to the State Archive may take longer processing hours and, in some cases, will attract fees for research assistance.