Utah Court Records

The Utah State Court System consists of two appellate courts - the Utah Supreme Court and the Utah Court of Appeals - and three primary types of trial courts: the District Court, Juvenile Court, and Justice Court. Recently, Utah introduced a specialized forum, the Business and Chancery Court, to handle complex commercial disputes. Together, these courts handle more than 600,000 cases annually.

At the highest level, the Utah Supreme Court serves primarily as a court of review, deciding appeals involving constitutional issues, major questions of law, and regulatory matters. It also exercises original jurisdiction over election disputes and judicial discipline cases, while overseeing the regulation and discipline of attorneys statewide.

Next, the Utah Court of Appeals hears most appeals from the District and Juvenile Courts. It reviews criminal cases (except capital and first-degree felonies), domestic relations matters, and administrative agency decisions. The Court of Appeals often resolves cases through written opinions, although some decisions may be further reviewed by the Supreme Court.

The Utah District Courts serve as general jurisdiction trial courts. They handle serious criminal offenses, major civil disputes, family law matters, probate cases, and mental health commitments. District Courts also hear appeals from Justice Courts through a new trial process.

The Utah Juvenile Courts specialize in cases involving minors, such as delinquency matters and child welfare cases, focusing heavily on rehabilitation and family preservation. In serious instances, the Juvenile Court may transfer juveniles to be tried in District Court as adults.

At the bottom of the Utah court structure are the Justice Courts. Justice Courts operate locally at the city and county levels, handling Class B and C misdemeanors, traffic violations, small claims disputes involving $15,000 or less, and landlord-tenant eviction actions. Justice Courts provide a more accessible, informal setting for resolving everyday legal issues, with the option for appeal to the District Courts.

What Are the Types of Court Records In Utah?

Utah courts maintain different types of court records. The records of each court are maintained by the clerk of that court as established in Utah laws. The following are the types of records maintained in each court in the Utah court system:

• Utah Supreme Court
• Opinions and Rulings: Final published decisions on cases involving constitutional questions, interpretation of state law, attorney discipline, and judicial review of administrative agencies.
• Case Dockets: Summaries of proceedings, filings, briefs, motions, and rulings in matters brought before the Supreme Court.
• Attorney and Judicial Discipline Records: Records of disciplinary proceedings against attorneys and judges, including suspensions, disbarments, and public reprimands handled through the Utah Supreme Court's oversight authority.
• Administrative Orders: Orders establishing statewide court policies, rule amendments, and procedural directives affecting Utah's judicial branch.
• Petitions for Writ of Certiorari: Formal requests asking the Utah Supreme Court to review decisions issued by the Utah Court of Appeals.
• Utah Court of Appeals
• Appellate Case Dockets: Detailed tracking of filings, deadlines, briefs, and motions filed during appellate proceedings.
• Opinions and Memorandum Decisions: Published and unpublished written decisions resolving appeals in civil, criminal, juvenile, and administrative cases.
• Motions and Briefs: Legal arguments submitted by parties challenging or defending lower court decisions.
• Oral Argument Records: Audio recordings and summaries from oral arguments held before appellate panels, available to the public for review.
• Utah District Courts
• Criminal Case Records: Files for felony, Class A misdemeanor, and Class B and C misdemeanor prosecutions, including charging documents, plea agreements, trial records, sentencing orders, and post-conviction motions.
• Civil Case Records: Lawsuits involving contract disputes, personal injury claims, property rights, and business litigation; includes complaints, motions, judgments, and settlements.
• Family Law Case Records: Divorce, legal separation, custody, child support, parenting time, and adoption cases, including final decrees and protective orders (some adoption records are sealed).
• Probate and Guardianship Records: Files related to wills, estates, guardianships, and conservatorships, with public access to many non-confidential probate matters.
• Mental Health Commitment Proceedings: Records concerning involuntary mental health treatment, often sealed or subject to limited disclosure to protect privacy.
• Eviction (Unlawful Detainer) Cases: Landlord-tenant dispute records involving eviction actions and judgments for possession or damages.
• Small Claims Records: Cases involving claims of $15,000 or less, covering disputes like unpaid debts, property damage, and simple contracts.
• Name Changes: Records related to legal name changes, available to the public unless sealed for safety or privacy reasons.
• Utah Juvenile Courts
• Juvenile Delinquency Records: Case files involving minors charged with offenses that would be criminal if committed by adults.
• Child Welfare and Protection Records (CHIP Cases): Proceedings related to abuse, neglect, dependency, foster care placement, and termination of parental rights.
• Adoption Proceedings: Adoption case files are automatically sealed under Utah law to protect the privacy of the children and families involved.
• Utah Justice Courts
• Traffic and Misdemeanor Case Records: Files involving Class B and C misdemeanors, infractions, traffic violations, DUIs, and municipal ordinance violations.
• Small Claims Cases: Civil cases seeking money damages of $15,000 or less, handled quickly and often without formal legal representation.
• Eviction Proceedings: Basic eviction filings in local jurisdictions for residential and small commercial properties.
• Utah Business and Chancery Court
• Business Litigation Records: Complex commercial disputes including shareholder actions, breach of contract claims, business torts, trade secrets, and corporate governance issues.
• Case Management Orders: Specialized scheduling and management orders tailored for complex business litigation.
• Decisions and Rulings: Written decisions by judges experienced in business law, aimed at resolving intricate commercial disputes efficiently.

Are Utah Court Records Public?

Utah court records are generally considered public records. Hence, members of the public have the right to access and inspect these records unless a specific law or court order restricts access to the record. The right to access court records in Utah is primarily governed by the Utah Government Records Access and Management Act (GRAMA) and the Utah Rules of Judicial Administration Rule 4-202.02.

While the Utah GRAMA makes most case records, such as dockets, filings, and final judgments, accessible, there are important exceptions. Certain records are classified as private, protected, sealed, or expunged, depending on the nature of the case or the sensitivity of the information involved. Examples of restricted court records include juvenile court records, adoption and guardianship cases, mental health commitment records, protective orders and domestic violence cases, trade secrets and proprietary information, and expunged or sealed criminal records.

Courts in Utah may seal court records for several reasons, including:

• To protect the privacy of minors, victims, or parties involved in sensitive matters.
• To prevent harm that could result from the disclosure of certain information
• To preserve the fairness of a trial or investigation
• To comply with statutory mandates
• To prevent the disclosure of confidential business information in commercial disputes.

How Do I Search Utah Court Records?

You may search court records in Utah in the following ways:

• Xchange Public Case Search: This system is a repository of summary information of justice and district court cases in the state. Xchange is not free as users have three options in which they may use the search services: one-time user account (costs $5 for an initial fee, searches charged at $0.20 each and documents at $0.50 each. Charges are credit from the initial $5 fee), a guest account (charged the same as the one-time user account but no account is created), a monthly subscription account (costs $25 for initial setup and $40 for every month that subscription lasts. Documents are charged at $0.40 each).
• MyCourtCase: This system allows individuals to access a record of everything that happened in the cases they were involved in. They may access filed papers and access all their cases in one place. No fee is required to use this system.
• Utah Courts ePayment Portal: You may use this portal to search case information for simple traffic cases and infractions
• Appellate Docket Search: This system allows users to search for appellate cases by docket number.
• Utah Supreme Court recordings (February 2004-current)
• Utah Court of Appeals recordings (October 2005-current)

How To Retrieve Court Records Offline

If you opt not to use the XChange system, you may visit a Utah courthouse in person to access a court record. Public access terminals are available in most courthouses where anyone may search court records for free. Each terminal typically provides access to cases from that specific court. In addition, you may obtain physical copies of court records from the clerk of the court's office where the case was filed. Certified and standard copies of court records may be obtained via this method.

The office of the clerk of the court will require information such as case number, party name, and case filing date for a court record search to be performed. Standard copies of court records obtained from the clerk's office may cost up to $0.50 per page, while certification may cost up to $12 per document. While simple requests may be processed on the same day as requests, requests submitted to the clerk's office may take up to ten business days to process.

Note that records may also be submitted via a request for a record form submitted to the Utah judiciary. Also, requests for probate records, documentation of name changes, divorce decrees, and naturalization of citizenship records may be made to the Utah State Archives.

Can I Seal or Expunge a Utah Court Record?

Unlike some states that provide for sealing and expungement, Utah only provides for expungement. The state defines expungement to mean the official sealing of all arrest records, court records, and related investigation and detention records. Per Section 77-40-108(2) of the Utah Code, a person who has received an expungement may respond to any inquiry about the expunged record as though the incident (arrest or conviction) did not occur.

Utah law places restrictions on both the types of criminal charges that may be expunged and the number of convictions a person may have to remain eligible. The time a person must wait before applying for expungement varies depending on the level and nature of the conviction.

To qualify for expungement, an individual must not have any open or active criminal cases pending at the time of the application. Certain offenses are excluded from expungement eligibility altogether. These include first-degree felonies, felony DUI offenses, violent felonies, offenses requiring sex offender registration, automobile homicide, and offenses requiring registration for child abuse. However, expungement is possible for other types of felony convictions, provided all other eligibility requirements are met.

Eligibility may also be denied based on the length and severity of a person's criminal history. A person is not eligible for expungement if they have convictions from separate criminal episodes involving:

• Two or more felony convictions
• Three or more convictions where at least two are classified as Class A misdemeanors
• Four or more convictions where at least three are classified as Class B misdemeanors
• Five or more convictions of any level other than infractions.

The required waiting period to apply for a certificate of eligibility begins from the latest of the following dates:

• The date of conviction, or
• The date of release from incarceration; or
• The date of termination from probation or parole.

The specific waiting periods are as follows:

• Seven years for felony convictions
• Ten years for DUI, DWI, or impaired driving offenses
• Five years for Class A misdemeanors
• Four years for Class B misdemeanors
• Three years for other misdemeanors and infractions.

For cases that did not result in a conviction, such as dismissals, arrests without charges, or charges that were later dropped, individuals may be eligible to apply for expungement between 30 to 180 days after the dismissal or arrest, depending on the circumstances.

If you are eligible to apply for expungement in Utah, you may follow these steps:

• Obtain Your Criminal History: Request a copy of your Utah criminal history report from the Bureau of Criminal Identification (BCI). This requires submitting an application along with fingerprinting. There is a $15.00 fee for obtaining your criminal history report.
• Apply for a Certificate of Eligibility: If your record is eligible, you must apply to the BCI for a Certificate of Eligibility. This document confirms that you meet Utah's expungement requirements. The application fee is $65.00 per case.
• File the Expungement Petition: Once you receive the Certificate of Eligibility, you must file a Petition for Expungement with the court that originally handled your case. The petition must include the certificate and be accompanied by a court filing fee of $150.00 (district court) or $135 (justice court) per case.
• Notify Prosecutors and Agencies: After filing, you are responsible for serving a copy of the petition and certificate on the prosecuting agency that handled your case. Some courts may also require you to notify additional agencies, such as the law enforcement department that arrested you, to ensure they are aware of the pending expungement.
• Attend a Court Hearing (If required): In some cases, the court may schedule a hearing to review your petition. If no objections are raised by the prosecutor or other agencies, the court may decide the matter without a hearing. However, if objections are filed, you must attend the hearing to explain why expungement should be granted.
• Obtain the Expungement Order: If the court grants your petition, it will issue an Order of Expungement. You must obtain copies of this signed order and deliver them to all relevant agencies and organizations that hold records related to your case so that they may seal or remove the records as required by law.

Note that in February 2022, Utah implemented the Clean Slate Law, which allows certain criminal records to be automatically sealed without requiring the person charged to file a petition. However, the Clean Slate Law applies to a narrower set of offenses, and the waiting periods before eligibility differ from those under petition-based expungement.

Several types of convictions are not eligible for automatic expungement, including offenses against a person, sexual battery, weapons offenses, lewdness, domestic violence, DUI, and crimes involving damage to communication devices. Additionally, Class A misdemeanors (other than possession of a controlled substance) and felonies are excluded from automatic expungement.

Under the Clean Slate Law, the waiting periods for automatic sealing are:

• Seven years after conviction for a Class A misdemeanor possession of a controlled substance
• Six years after conviction for a Class B misdemeanor
• Five years after conviction for a Class C misdemeanor.

If a conviction does not qualify for automatic expungement or if an individual wishes to seek earlier relief, they may still pursue expungement by filing a formal petition with the court.

How To Search Federal Court Records in Utah

The United States District Court for the District of Utah is the only federal court in the state. This court handles specific matters relating to the violation of federal laws and other matters, such as bankruptcy.

Members of the public can access the majority of the court case information for cases filed in this court online via PACER (Public Access to Court Electronic Records). The PACER system provides online access to federal court records in all jurisdictions in the United States. To use the PACER system, an individual must register online to create an account. Alternatively, they may call (800) 676-6856 for assistance with a PACER account creation. Also, there is a $0.10 per page charge for downloading case information via PACER. Note that documents available via PACER include criminal case dockets dating back to November 1992 and civil case dockets back to July 1989.

Alternatively, members of the public may access records of the federal court in Utah offline. First, the court provides public access terminals at the office of the clerk. Case documents and dockets may be printed from the terminals at $0.10 per page. Copies of documents may be obtained from the clerk's office for $0.50 per page. A search fee of $34 may be charged to complete a public record request from the office of the clerk. Requests for large copy orders may take up to 5 business days to process.

How To Get Utah Court Records Online for Free?

If you are a party to a case in Utah's district or justice courts, you can use the MyCourtCase system to access your case information online at no charge. This system allows you to view your case history and access filed documents. To use MyCourtCase, you will need your case number and a valid email address. In addition, certain third-party websites, such as PeopleRecords.us, offer free online access to various public records, including Utah court records.