Utah Criminal Records

Recent crime statistics indicate that Utah has a violent crime rate of approximately 2.42 incidents per 1,000 residents and an overall crime rate of about 21.37 per 1,000 residents. Criminal records in Utah are official documents that summarize a person's interactions with law enforcement and other agencies that make up the state's criminal justice system. These records typically include police reports and arrest records, warrant information, criminal charges filed, court dispositions, sentencing data, and jail/incarceration records.

The Utah Bureau of Criminal Identification (BCI) - a division of the state's Department of Public Safety (DPS) - is the central repository for criminal records in the state. As such, the BCI is responsible for collecting, maintaining, and disseminating criminal history information to authorized requesters. Notwithstanding this, local law enforcement agencies, trial courts, and other state agencies (like the Utah Department of Corrections) also maintain and provide access to criminal records relevant to their respective jurisdictions.

Are Criminal Records Public in Utah?

Criminal records are generally accessible to the public under the state's Government Records Access and Management Act (GRAMA). However, access to certain criminal records may be restricted depending on the type of record and the identity of the requester. For instance, criminal record information held by the state's Bureau of Criminal Identification is limited to certain qualified requesters, including government agencies, the subject of the record, and individuals who have been duly authorized by the record's subject. Likewise, juvenile records, records that could compromise ongoing law enforcement investigations or expose protected individuals (such as confidential informants or victims of sexual assault), and expunged records, are also typically restricted and not subject to public disclosure.

How To Look Up Criminal Records in Utah?

The Utah Bureau of Criminal Identification (BCI) is the primary agency for obtaining official criminal records in the state and offers access to these records through several options, depending on the reason for the request/criminal check (employment, licensing, or personal review):

• Personal Record Checks
• Name and DOB Record Checks
• Fingerprint-based Record Checks

Requesters will typically have to fill out and submit an Application for Criminal History Record Form, along with a copy of a valid government-issued photo ID and a $20 request fee, to the bureau at:

Submissions may be made via mail or in person between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Fingerprinting (where applicable) must be done by a local law enforcement agency or the BCI. Individuals who wish to have their records sent to someone else must also include a completed and signed Third-Party Release Form along with the application.

Requesters are advised to contact the BCI at (801) 965-4445, option 6, to determine the best request option for their circumstances. Inquiries involving criminal record requests, including processing times, may also be directed to the BCI at the number provided.

How To Search Utah Arrest Records?

Utah arrest records are typically generated and maintained by local law enforcement agencies (city police departments and county sheriff's offices). These records contain details on the arrest, such as:

• The full name, age, and gender of the person arrested (the arrestee)
• The arrestee's physical descriptors, such as their height, eye and hair color, ethnicity, and body markings
• The date, time, and location of the arrest
• The offense(s) that led to the arrest
• The arresting agency and the arresting officer's name
• Booking information and bail information (where applicable)

Copies of Utah arrest records can typically be accessed directly from the law enforcement agency that carried out the arrest. Requests may be made in person, by mail, or via online portals if offered by the agency. Some police departments and sheriff's offices also publish recent arrest logs or booking reports online for public access.

How To Search Utah Warrants?

Warrants in Utah are legal documents issued by judges that authorize law enforcement officers to carry out specific actions like arresting a person, searching property, or seizing personal property. The most common types of warrants issued in Utah are:

• Arrest Warrants: These warrants are issued when there is probable cause that a person committed a crime and authorize the arrest of this person.
• Bench Warrants: These warrants are issued directly from the "bench", meaning that they are issued in court without being first requested by law enforcement. Bench warrants are typically issued for violations of court orders, such as failing to appear for a scheduled court date or violating probation, and they also authorize law enforcement to take the person into custody (when encountered).
• Search Warrants: These warrants authorize law enforcement to search a specific location and seize evidence, and are also issued based on probable cause.

Arrest and bench warrants do not expire and remain valid indefinitely until executed or recalled by the court. On the other hand, search warrants must be served within 10 days of being issued.

Interested parties can typically obtain warrant information by contacting the relevant local law enforcement agency in the jurisdiction where the warrant was issued. The Utah Department of Public Safety also provides a Utah Statewide Warrant Search platform that may be used to access warrant information online.

Can I Obtain a Utah Criminal History Record of Another Person?

You may obtain a copy of another person's official criminal history record in Utah from the state's Bureau of Criminal Identification (BCI), but only with the person's consent and authorization. You will be required to submit a properly completed and signed Application for Criminal History Record Form and Third-Party Release Form, along with all necessary supporting documentation and a $20 fee to the BCI (either in person or via mail) at:

You may contact the BCI at (801) 965-4445 for more information.

The Utah State Courts also provide third-party access to criminal case information online via its Xchange system. Users have the option of signing in as a guest or creating a user account. Search fees also vary by user type and range from $5 - $25 (for the initial fee).

How To Expunge or Seal Utah Criminal Records

Utah offers individuals with criminal records the option of getting their records expunged. This expungement process is governed by Utah Code Chapter 77-40a, and results in the record being sealed/restricted from public access, allowing the subject of the record to legally it (the record). It is important to note that expunged records are not destroyed and may still be accessed by certain agencies.

Records of arrests and criminal cases that did not result in a conviction are generally eligible for expungement. Convictions may also be eligible for expungement, depending on the type and number of convictions (on the record) and if a waiting period has been completed following the completion of the imposed sentence (ranging from 3 - 10 years). However, certain offenses are statutorily deemed ineligible for expungement - these include, but are not limited to, capital, first degree, and violent felonies, registerable sex offenses and child abuse offenses, and felony DUIs.

State law allows for the automatic expungement of certain misdemeanor offenses after a waiting period, provided the individual has no new convictions and has met all legal obligations, such as fines and restitution. For records that do not qualify for automatic expungement, the subject's record will typically be required to take the following actions:

• Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility. This involves completing an appropriate application form, providing fingerprints, and paying a stipulated fee.
• File a petition to expunge with the court where the case in question was decided. Note that the Certificate of Eligibility and any other relevant supporting documentation must be included with the petition. The prosecutor's office will also have to be served a copy of the petition, giving them (and any involved victims) the opportunity to object to the expungement.
• Respond to any objections and attend any court-scheduled hearings.

If the petition is granted, the court will send an Order to Expunge to the BCI, instructing them to expunge the record. While the BCI will subsequently inform all relevant agencies to also expunge the records, you may send these agencies a copy of the expungement order as well.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Utah?

Employers, housing providers, and licensing agencies in Utah have to adhere to certain laws and regulations when making decisions on applicants with criminal records. For instance, federal agencies and contractors within the state are prohibited under the Fair Chance Act from inquiring about an applicant's criminal history until they have first extended a conditional job offer; Utah Code Chapter 34-52 provides similar restrictions for state employers. Employers, whether public or private, also have to comply with the federal Fair Credit Reporting Act (FCRA), which requires them to get written consent before conducting background checks and provide notice if they take adverse action based on the results.

Likewise, under Utah Code Section 77-40a-401, once a record has been expunged, an individual is not required to disclose the expunged offense to most private employers or landlords, and it cannot be used as the basis for denial. Occupational licensing agencies also cannot deny a license based solely on a conviction unless the offense is directly relevant to the profession. Applicants must receive individualized review using a multi-factor assessment, and if denied, have the right to appeal the decision. Guidance from federal agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) also cautions against blanket policies that exclude individuals with criminal records and instead recommends case-by-case evaluations to prevent discriminatory impact.

Can I Access Utah Criminal Records for Free Online?

Several private websites offer access to Utah criminal records (some for free and others at no cost). However, the information provided by these websites may be incomplete, outdated, or inaccurate. For the most reliable and up-to-date records, it's best to either contact the Utah Bureau of Criminal Identification (BCI) or utilize reliable resources like the Utah State Courts' Xchange system and premier third-party platforms like UtahPublicRecords.us.