A person acquires a criminal record in Utah the first time they are arrested and fingerprinted by law enforcement in the state. Once a person establishes a criminal record in Utah, any additional misdemeanor and/or felony arrests and the resulting criminal dispositions will be added to their Utah criminal record.
Criminal records are not public records in Utah, and there is no means of requesting the criminal record of another person in the state. However, an individual may request a copy of their own criminal record from the Utah Department of Public Safety, Bureau of Criminal Identification (BCI), which maintains the state’s central repository of criminal history record information.
What is a criminal record?
A criminal record is an official document detailing a person’s criminal convictions, pending criminal cases, prior arrests, and other interactions with law enforcement agencies. Additional names for a criminal record include criminal history record, rap sheet, and a police record.
As with marriage records and court records, criminal records are generally public records in the United States and can be accessed through a criminal background check. However, public access to specific criminal record information varies from state to state.
In the State of Utah, criminal records are not available for general access, although a person may request a copy of their own criminal record.
What is included in a Utah criminal record?
As criminal records are kept by law enforcement agencies at all levels of government in the United States, a Utah criminal record may vary in format and content depending on the law enforcement database from which it is accessed.
Generally, a Utah criminal record will include the following information:
- A person’s full name and possible aliases
- Personal information such as age, date of birth, sex, ethnicity, height, weight, and other physical characteristics
- Fingerprints and mugshot
- Misdemeanor criminal offenses and convictions
- Felony criminal offenses and convictions
- Past and outstanding arrest warrants
- Pending and dismissed charges
Why would someone access a criminal record?
There are many reasons to access a criminal record.
- Most commonly, people search criminal records as a way to run a background check on a particular person.
- They’re also used by law enforcement to identify or locate people involved in unsolved crimes or by the court system to determine an appropriate sentence after a conviction.
- An individual may want to access his or her own record as well. It’s not uncommon for people to request their own criminal records to see what information is public.
- In some cases, a record could be inaccurate or include outdated information. If that’s the case, it’s important to have the record corrected.
What’s the difference between an infraction, misdemeanor, and felony?
Arrests and convictions listed on a criminal record are separated into three categories: infractions, misdemeanors, and felonies.
To give a better understanding of the information listed on a criminal record, here’s a quick overview of each category of offense:
- Infraction – An infraction is a minor violation of the law that is regulated at the state level. Punishment for an infraction is usually just a fine or a written warning, rather than a jail or prison sentence. Examples of infractions include minor traffic violations, public nuisance offenses, and littering.
- Misdemeanor – A misdemeanor is a crime that is more serious than an infraction, yet less serious than a felony. Generally, a misdemeanor punishable by a term of imprisonment of less than a year, or by a term of probation. An individual convicted of a misdemeanor is more likely to serve time in a county or local jail than in a federal or state prison. Examples of misdemeanors include driving under the influence, most drug abuse violations, and petty theft.
- Felony – A felony is the most serious type of crime, often characterized by the use of a weapon during a crime, serious injury to a victim, and/or holding a person against their will. Felony convictions typically result in a term of imprisonment of more than one year in a state or federal prison. Examples of felonies include rape, murder, and grand theft.
What is the difference between a Utah arrest record and a Utah criminal record?
While an arrest record is an official document including the details of a specific arrest, a criminal record is a more comprehensive document that includes a person’s entire criminal background known to law enforcement agencies.
How do I make a request for a Utah criminal record?
Although you cannot request the criminal record of another person in Utah, you can request a copy of your own criminal history record from the BCI through the mail, email, or in-person.
How to request a copy of your Utah criminal record through the mail or by email:
- Print and complete a Utah Application for Criminal History Record.
- Make a copy of a valid government-issued photo ID.
- Prepare a money order, personal check, or cashier’s check of $15 payable to “Utah Bureau of Criminal Identification”.
- Alternately, you may pay by debit or credit card by filling out your credit card information on the application form. Discover, MasterCard, Visa, and AMEX are accepted.
- Mail the application, payment, and copy of photo ID to:
Utah Bureau of Criminal Identification
3888 West 5400 South
Taylorsville, Utah 84129
Emailing the form to the BCI ([email protected]) is also an option. However, the email must be encrypted. Whether you send the application by postal mail or email, the copy of your criminal record (if one exists in your name) will be returned to you through the mail by the BCI.
How to request a copy of your Utah criminal record in-person:
You may request a copy of your Utah criminal record in person by visiting the BCI at the address below. The office is open Monday – Friday, 8 AM to 5 PM:
3888 West 5400 South
Taylorsville, Utah 84129
Phone number: 801-965-4445
Fax number: 801-965-4749
Bring a valid government-issued photo ID and be prepared to pay a $15 fee with cash, a personal check, a cashier’s check, a money order, or a credit card. Calling ahead of time is a good idea as hours and services may be affected by the ongoing COVID-19 pandemic.
If a Utah criminal record exists in your name, a copy will be returned to you during your visit.
How do I obtain a physical copy of a Utah criminal record?
Whether you request a copy of your criminal record in-person or through the mail, a physical copy will be returned to you, if one exists.
Why can’t I access a Utah criminal record?
Utah is not a state that provides public access to criminal records, so obtaining the criminal record of another person without authorized consent is nearly impossible.
If you request a copy of your own criminal record and no record is returned, it means that one does not exist in your name in the state.
How do I search for Utah criminal case court records?
The Utah Judiciary provides XChange Case Search: Repository of Court Records, a fee-based subscription service available for the general public to use in order to look up Utah district court and justice court records. A subscription costs $40 a month and comes with 500 free monthly searches.
District court records in the database include felony and class A misdemeanor cases, while justice court records include class B and C misdemeanors, traffic cases, and infractions.
Does Utah allow criminal records to be sealed or expunged?
Under certain circumstances, you may be eligible to expunge certain charges from your Utah criminal record by filing a petition for expungement in court.
Utah state law defines “expunge” as “to seal or otherwise restrict the access to the petitioner’s record of arrest, investigation, detention, or conviction held by an agency.” Expunged charges will be kept in an expungement file accessible to select agencies.
Expungable charges include certain low-grade felonies, most misdemeanors, most juvenile offenses, traffic violations, and infractions. First-class felonies, violent felonies, and felony DUI/drug charges are not eligible for expungement in Utah. The waiting period before a petition for expungement can be filed depends on the severity of the charge(s).
Visit this Utah.gov page on expungements to learn more about eligibility and how to file a petition.
How can I have false information on a Utah criminal record corrected?
The BCI allows individuals to submit a challenge if they believe the information on their Utah criminal record to be inaccurate.
Follow these steps to submit a challenge:
- Request a copy of your criminal record from the BCI if you have not already done so.
- Fill out the top portion of an Application to Challenge Criminal History Records and sign the application.
- Bring your application and a valid government-issued photo ID to the office of a local law enforcement agency office and have your fingerprints taken on an official FD-258 Applicant 10 print card. You may also have your fingerprints taken at the Bureau of Criminal Identification office at the address listed below.
- Highlight the information you believe to inaccurate on a copy of your criminal record.
- Attach a copy of your criminal record to the application form.
- Attach any documentation serving as support for your challenge to the application form.
- Make a photocopy of a valid government-issued photo ID.
- Prepare a $15 payment payable to “Utah Bureau of Criminal Identification”. You can pay by check, credit card (by filling out your credit card number on the application), or money order. Cash is also accepted if the application is submitted in person.
- Mail or deliver in person the challenge, the copy of your criminal record, a copy of a valid photo ID, the fingerprint card, and any supporting documents to:
Utah Bureau of Criminal Identification
3888 West 5400 South
Taylorsville, Utah 84129
The BCI will amend your Utah criminal history if the challenge is found to be valid. Contact the BCI at 801-965-4445 with any questions or concerns about the challenge process.
How long are Utah criminal records kept on file?
Utah criminal history record information is maintained in the state’s central repository indefinitely unless a successful expungement petition is filed. Even after charges are expunged, they will be placed in a special expungement file accessible to certain agencies.
