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| Virginia | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | |
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| Clearance policy overview | Records relating to an offense in which a person is charged or arrested as a result of mistaken identity or identity theft can be deleted or sealed after the court has issued a determination of factual innocence. Va. Code Ann. § 19.2-392.9(A). | Records relating to an arrest, investigation, and detention that resulted in a traffic offense conviction may be eligible for a certificate of expungement, so long as 3 years have passed since the arrest for Class C misdemeanors or infractions and 4 years have passed since the arrest for Class B misdemeanors or infractions. Utah Code Ann. § 77-40a-302(c). | Records relating to traffic citations that are dismissed upon the successful completion of a diversion agreement, can be expunged by the court. Utah Code Ann. § 77-2-4.2. | Records relating to a single felony conviction for drug possession or operating a motor vehicle with a controlled substances can be expunged within five to 10 years. Utah Code Ann. § 77-40a-303. | Records relating to a single Class A, Class B, or other misdemeanor convictions can be expunged. Utah Code Ann. § 77-40a-303. | Records relating to certain convictions can be vacated by the court if the petitioner committed the offense while subject to force, fraud, or coercion as a victim of human trafficking. Utah Code Ann. § 78B-9-104(1)(h). | Records relating to an offense are expunged upon a pardon by the Board of Pardons and Paroles. Utah Code Ann. § 77-27-5.1. | Records relating to misdemeanors below Class B and infractions can be expunged by the court three years after the sentence is completed. Utah Code Ann. § 77-40-105(3)(c)(v). | Records relating to a Class B misdemeanor can be expunged by the court four years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iv). | Records relating to certain felony convictions can be expunged by the court seven years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(ii). | Records relating to civil protective orders or a civil stalking injunction can be expunged by the court in certain circumstances. Utah Code Ann. § 78B-7-1003. | Records relating to Class B or C misdemeanor traffic convictions can be expunged by the court. Utah Code Ann. § 77-40a-202. | Records relating to a cannabis possession conviction can be expunged if the cannabis in question was is an amount to medicinally treat the qualifying condition described in Subsection (4)(a). Utah Code Ann. § 77-40a-305(4), Utah Code Ann. § 77-40a-306(d). | Records relating to a Class B or Class C misdemeanor traffic conviction can be expunged. Utah Code Ann. § 77-40a-305(3). | Records consisting solely of juvenile court nonjudicial adjustments can be expunged upon petition after the person turns 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 80-6-1005(1). | Records relating an adjudication of delinquency can be expunged if the rehabilitation of the petitioner has been attained to the satisfaction of the juvenile court, including the petitioner's response to programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature and seriousness of the conduct. Utah Code Ann. § 80-6-1004(1)(a),(2)(b). Records relating to an adjudication of delinquency can be expunged if: (A) the petitioner has not, in the five years preceding the day on which the petition described in Subsection (1)(a) is filed, been convicted of a violent felony; (B) there are no delinquency or criminal proceedings pending against the petitioner; and (C) a judgment for restitution entered by the juvenile court on the adjudication for which the expungement is sought has been satisfied. Utah Code Ann. § 80-6-1004 (2)(c). | Records relating to a juvenile court adjudication for prostitution, aiding prostitution, or sex solicitation, or for any offense resulting from force, fraud, or coercion, can be vacated and sealed by the court immediately. Utah Code Ann. § 80-6-1002, Utah Code Ann. § 76-10-1304, Utah Code Ann. § 76-10-1313, Utah Code Ann. § 76-10-1302, Utah Code Ann. § 76-5-308. | Records relating to a Class A misdemeanor or felony drug possession offense can be expunged by the court five years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iii). | Records relating to certain driving-related misdemeanors and controlled substance felonies can be expunged by the court 10 years after sentence completion. Utah Code Ann. § 77-40-105(4)(c)(i). | Records relating to an arrest, investigation, and detention can be expunged by the court upon acquittal, dismissal, expiration of the limitations period, or prosecutorial decision not to file charges, so long as 30 days have passed since the arrest among other conditions. Utah Code Ann. § 77-40a-302. |
| Ineligible Category or Citation | No statutory language. | See Utah Code Ann. §77-40a-302(2) for ineligibility. | See Utah Code Ann. § 77-2-9 and Utah Code Ann. § 77-2-4.2(5)(b) for ineligible offenses. | See Utah Code Ann. § 77-40a-303(1), (5), (6) for ineligible offenses. | See Utah Code Ann. § 77-40a-303(5) for ineligible offenses. | This remedy only applies to offenses in Utah Code Ann. § 78B-9-104(1)(h). | There is no statutory language regarding ineligible offenses. | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | There is no statutory language on ineligible offenses. | The policy applies to Class B or C misdemeanor traffic convictions only. | Utah Code Ann. § 77-40a-302 77-40a-303 for ineligible offenses. | There is not statutory language on ineligible offenses. | There is no statutory language regarding ineligible offenses. | A record containing an adjudication for aggravated murder and murder cannot be expunged. Utah Code Ann. § 80-6-1004 (4)(a).. | The court may not vacate and seal a juvenile court record if the record contains an adjudication for murder or aggravated murder. Utah Code Ann. § 80-6-1002 (6). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See Utah Code Ann. §77-40a-302(2) for ineligibility. |
| Clearance Process | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | |
| Waiting Periods | There is no waiting period. | There is a 3- to 4-year waiting period. | There is no statutory language reagarding a waiting period. | There is a 5- to 10-year waiting period. | There is a 3- to 7-year waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed three years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | The petition can be filed four years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | The petition can be filed seven years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | There is a 3-year waiting period. | There is no waiting period. | There is no waiting period. | There is a 3- to 4-year waiting period. | A petition can be filed after the person has reached age 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(a). | A petition can be filed after the person has reached the age of 18 and one year has elapsed from the date of termination of the continuing jurisdiction of the juvenile court or, if the person was committed to a secure youth corrections facility, one year from the date of their unconditional release from the custody of the Division of Juvenile Justice Services. The court can waive the waiting period if the court finds an appropriate reason for the waiver. Utah Code Ann. §§ 78A-6-1105(1)(a), (b). | There is no waiting period. | The petition can be filed five years after conviction or release from incarceration, parole, or probation, whichever occurred last. | The petition can be filed 10 years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | The person may apply for a certificate of eligibility for expungement 30 days after the arrest. The Bureau of Criminal Identification shall issue a certificate of eligibility on an expedited basis to a person who is acquitted on all charges. |
| Fees | There is no statutory language regarding fees. | There is no statutory language on fees. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-2-4.2 (c), Utah Code Ann. § 76-3-301.5. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The fee for filing a petition for expungement is $150. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | There is no statutory language on fees. | There is no statutory language regarding fees. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | There is no statutory language regarding fees. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. |
| Effect | Upon entry of an order for sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. Va. Code Ann. § 19.2-392.13. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed. Utah Code Ann. § 77-2-7. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The conviction can be vacated. Utah Code Ann. § 78B-9-104. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2), Utah Code Ann. § 77-27-5.1(2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | Upon entry of an expungement order by the court the the civil order is considered to never have occurred and the petitioner may reply to an inquiry on the matter as though there was never a civil order. Utah Code Ann. § 78B-7-1004. | Records for the traffic offenses shall be deleted without a court order or notice to the prosecuting agency. Utah Code Ann. § 77-40a-202. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The agency or the official receiving the expungement order expungement of all of the petitioner's records under the control of the juvenile court, an agency, or an official. Utah Code Ann. § 80-6-1005(3). The agency or the official receiving the expungement order shall expunge only the references to the individual's name in the records relating to the petitioner's nonjudicial adjustment. Utah Code Ann. § 80-6-1005(4)(b). "Expunge" means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. Utah Code Ann. § 77-40a-101(10). | The agency or the official receiving the expungement order described in Subsection (3)(a) shall only expunge all references to the petitioner's name in the records pertaining to the petitioner's juvenile court record. Utah Code Ann. § 80-6-1004(3)(b). The agency or entity receiving the vacatur order shall only vacate all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. Utah Code Ann. § 80-6-1004(4)(b). "Expunge" means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. Utah Code Ann. § 77-40a-101(10). | The court shall order sealed all of the petitioner's records under the control of the juvenile court and any of the petitioner's records under the control of any other agency or official pertaining to the petitioner's adjudicated juvenile court cases, including relevant related records contained in the Management Information System created by Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005. Utah Code Ann. § 78A-6-1114(2)(c). Upon the entry of the order, the proceedings in the petitioner's case shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Utah Code Ann. § 78A-6-1114(4). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2). |
| Remedy | Seal | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge |
