Utah Arrest Records Search

What is Considered an Arrest in Utah?

Under Section 77-7-1 of the Utah Code Annotated, an arrest is generally the actual restraint or submission to custody of the individual arrested. An arrest in Utah may be made by a law enforcement officer or a private individual. Arrests may be made with a warrant or without one. An arrest with a warrant inserts a neutral judge between the arrestee and the power of law enforcement. This permits a judge to screen out arrests that may be legally faulty, restricting potential abuses. Since warrants issued by judges are addressed to all law enforcement officers in the state, they may be served by any law enforcement officer but not by citizens.

The legal framework for arrest in Utah is provided in Chapter 7 of the Utah Code Annotated. It is typically backed up by other federal laws, such as the Fourth Amendment, which protects citizens of the U.S. from unreasonable seizures and searches. An arrest may be made without a warrant, according to Utah law. The state provides for several legal circumstances under which a peace officer may make an arrest without an issued warrant. These circumstances typically include a public offense attempted or committed in the presence of the arresting officer and when the officer has probable cause to believe a felony has been committed and has reasonable cause to believe that the arrestee committed it.

A private or citizen arrest is typically also permitted for the same reasons that a law enforcement officer may make a warrantless arrest. Note that for probable cause to exist, the arresting person must possess knowledge that would lead a reasonable and prudent individual to believe that the crime has been committed and that the arrestee committed it.

Anyone who commits a crime, regardless of mental ability or age, may be arrested in Utah. The determination of culpability or the required culpable mental state will not be made by law enforcement but rather by a court or prosecutor.

Key elements of a Utah arrest typically include the following:

• Intent to Arrest: An individual, by law, is under arrest when they give notice, usually verbal, that they are taking such an action.Therefore,the individual making an arrest must inform the person being arrested of their intention, cause, and authority to arrest as required under Section 77-7-6 of the Utah Code Annotated. However, this notification is not required when the person arrested is actually engaged in the commission of or an attempt to commit a crime or is pursued immediately after its commission or after an escape.
• Custody and Control: During an arrest, law enforcement officers detain the arrestee in police custody, typically because they are suspected of committing a crime. The arrest puts the arrestee in the custody of the officer who makes the arrest, depriving the person of their freedom of movement.
• Legal Authority: Chapter 7 of the Utah Code Annotated outlines the legal authority for arrest in Utah. An arrest may be in specific circumstances by a law enforcement officer or a private citizen. A law enforcement officer is generally authorized to make an arrest when a warrant has been issued for such an arrest by a judge, the officer saw the arrestee commit a crime, or the officer has probable cause to believe that the arrestee committed or is about to commit a crime.
• Miranda Rights: Although Miranda rights are generally not required to be read to the arrestee at the time of arrest, it often happens in that manner. The law only mandates that Miranda rights be read to the arrestee before law enforcement may interrogate them. The Miranda rights derive from the United States Supreme Court decision in the Miranda v. Arizona case. The rights require that the arrestee be given the instructions that they have the right to remain silent, the right to an attorney and that whatever they say can and will be used against them in a court of law.
• Restraint and Transport: While it is assumed that law enforcement puts an individual into handcuffs to restrain them during an arrest, they are not typically mandated to do so. However, they are required to restrain the arrestee to avoid an escape or harming themselves, the arresting officer, or the public. In avoiding any potential harm by the arrestee, the arresting officer may restrain the arrestee with a handcuff. After the arrest, the suspect is transported to the police jail or holding facility for booking.

According to the Fourth and Eighth Amendments of the United States Constitution, law enforcement officers are only permitted to use the minimum force reasonably necessary to effect an arrest. Utah courts may review whether the force used in effecting an arrest was reasonable by considering factors typically such as whether the suspect was a threat, the seriousness of the crime committed, and whether the suspect attempted to escape arrest.

• Booking Process: Once the arrestee arrives at the holding facility or police jail, they will be booked. This process generally involves recording the suspect's personal information, such as age, race, height, name, address, weight, hair color, and eye color. It also involves taking photographs or mugshots of the suspect and their fingerprints.

In Utah, people are commonly arrested for various offenses, ranging from minor infractions to more serious crimes. Some of the most common offenses typically include:

• Drug-Related Offenses: These include possession, distribution, and manufacturing of illegal substances like marijuana, methamphetamine, and opioids
• Driving Under the Influence (DUI)
• Theft and Burglary
• Domestic Violence
• Assault and Battery
• Fraud and Identity Theft
• Traffic Violations
• Sexual Offenses: These include sexual assault, statutory rape, and offenses involving minors.
• Weapons Violations
• Probation or Parole Violations: Failing to meet the terms of probation or parole, such as missing check-ins or committing new crimes, may lead to arrest.

Note that Utah arrest laws differentiate an arrest from detention. Detention is when an individual is detained and not free to go but is not in custody or under arrest. A person may be detained by police for questioning if a law enforcement officer has reasonable suspicion that the detainee is involved in or is a crime witness. Reasonable suspicion, per Utah law, means that if a reasonable person were in the same circumstances, they would suspect a crime is being, has been, or is about to be committed. A detained person will be released as soon as the investigation or questioning is completed, except if, during the investigation, probable cause develops, leading to their arrest.

Unlike detention, an arrest involves taking an individual into custody to charge them with the commission of a crime. The arrest fully restricts their freedom of movement until they are granted bail (if applicable) or complete any sentence imposed by the court upon conviction of the crime committed.

What is Unlawful Arrest in Utah?

An unlawful arrest in Utah generally occurs when a law enforcement officer or private citizen arrests an individual without proper legal grounds, violating constitutional or state law requirements. Unlawful arrests may have serious consequences, including damage to an individual's reputation, emotional distress, and, in some cases, wrongful conviction for crimes the person did not commit. The following are key elements that may make an arrest unlawful in Utah:

• Lack of Probable Cause: Probable cause is the legal standard that requires sufficient evidence to believe a person has committed a crime. In Utah, if law enforcement officers arrest someone without having reasonable grounds to suspect them of a crime, the arrest may be considered unlawful. Probable cause must be based on facts or circumstances, not mere suspicion or hunches.
• Failure to Obtain a Warrant for an Arrest that Requires a Warrant: Any arrest made without a warrant except where authorized by Utah law is considered unlawful.
• Violation of Constitutional Rights: The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, including unlawful arrests. If an arrest is made without probable cause or in a manner that violates the individual's privacy rights, it may be considered unlawful. This may typically include the use of excessive force in making an arrest and an arrest conducted without following proper legal procedures.
• Racial Profiling and Discrimination: Racial profiling and discrimination typically occur when law enforcement targets individuals for arrest based on race or national origin rather than specific evidence of criminal activity. In Utah, an arrest becomes unlawful if it is made solely or predominantly due to racial bias, violating constitutional rights to equal protection.
• Procedural Violations: Utah arrest laws include provisions on the legal processes that must be followed when making an arrest. An arrest that violates state-mandated procedures may be deemed unlawful. For instance, under Utah Code Section 77-7-6, an officer making an arrest must inform the person of their intention to arrest, the reason for the arrest, and the authority under which they are acting. This requirement may be waived only in situations where the person is caught in the act of committing a crime or fleeing immediately after committing one. The arrest may be deemed unlawful if law enforcement fails to provide this information when required.
• Mistaken Identity: If a person was wrongfully arrested for committing a crime in a case of mistaken identity, the arrest may be considered unlawful. Mistaken identity may occur due to clerical errors, flawed investigative procedures, and physical resemblance.
• Arrest Outside Jurisdiction: Law enforcement officers in Utah generally have the authority to arrest individuals within the jurisdiction where they are employed. If an officer makes an arrest outside their jurisdiction without following proper legal protocols, such as obtaining permission from local authorities, the arrest could be considered unlawful.

Common consequences of an unlawful arrest in Utah typically include:

• Legal Challenges: Individuals who are unlawfully arrested may challenge the arrest in court, potentially leading to the dismissal of charges.
• Civil Remedies: Victims of unlawful arrests may file civil lawsuits against law enforcement for damages, such as wrongful imprisonment, emotional distress, or injury caused during the arrest.
• Suppression of Evidence: Any evidence obtained during or as a result of an unlawful arrest may be suppressed per the exclusionary rule. When evidence is suppressed, it cannot be used in court, which may weaken or dismiss the prosecution's case. The United States Supreme Court created the exclusionary rule requiring that any testimony or evidence that law enforcement officers gain through improper means be excluded from court.

Are Arrest Records Public in Utah?

Arrest records are public records in Utah. This provision is made possible by the Government Records Access and Management Act (GRAMA), which grants public access to several records of the Utah government to promote accountability to the people.

If you submit a public record request for an arrest record, you may be able to access typical information such as:

• A physical description of the suspect: The arrestee's name, height, eye color, hair color, ethnicity, and body markings
• Booking information: Booking number, booking date, fingerprints, mugshots, arrest location, arresting agency, arrest time, and bail information
• Offense information: This includes the offense for which the person was arrested and the classification or category of the crime.

Certain information, such as juvenile records, expunged arrest records, sensitive personal information like medical records, and details related to ongoing investigations, may be redacted.

What are the Types of Arrest Records in Utah?

Arrest records are information collected by law enforcement agencies in the state for persons arrested for criminal offenses. These offenses are categorized into local-level arrest records and state-level arrest records. Local-level arrest records in Utah are maintained by local police departments and county sheriff's offices, while state agencies, such as the Department of Public Safety, keep state-level arrest records.

Local-level arrest records are generated from the report of arrests made in a specific jurisdiction by law enforcement officers working in a local police department or county sheriff's office. These agencies generally maintain records of arrests made by their officers. State-level arrest records are generally a compilation of arrest records from all jurisdictions and all law enforcement agencies in these jurisdictions. They are typically more comprehensive than local-level arrest records. They are precisely referred to as criminal history records as they typically contain court information such as convictions, dispositions, probation and parole information, and arrest information.

Where are Arrest Records Kept in Utah?

The following agencies generally keep arrest records in Utah:

• Local County and Law Enforcement Agencies: County sheriff's offices and local police departments accept requests from the public for records of arrests made in their jurisdictions by their officers.
• Utah Department of Public Safety: Enacted by Section 53-10-201 of the Utah Code Annotated and created in 1998, the Bureau of Criminal Identification (BCI) under the Utah Department of Public Safety serves as the central repository for criminal records across the state. It generally maintains comprehensive records of criminal cases initiated by arrests in Utah.
• Utah Courts: Utah courts maintain records generated by court processes for the public to access. While most people who request court records typically do so to access information such as charges filed, case disposition, and sentencing information, arrest records may only be found in the records.
• Federal Agencies: The arrest information of persons held in custody for violating federal laws and regulations in Utah is on file with federal agencies, such as the Federal Bureau of Investigation.
• Correctional Facilities: The Utah Department of Corrections maintains arrest records for persons in correctional facilities. These records typically include arrest dates, the names of the inmates or arrestees, and their mugshots.

How To Find Public Arrest Records in Utah?

You may find Utah arrest records by:

• Visiting Local Police Departments and County Sheriff's Offices: Arrest records may be obtained directly from local police departments and county sheriff's offices. Once you have determined the local police department or the county sheriff's office with jurisdiction over the arrest with the record you want, you may visit their office to make a request in person or check their website to see if they offer online access to arrest records or accept mail requests. If the agency that is the custodian of the record you want does not provide an online portal or access to the arrest records, you may visit their location in person or submit a GRAMA request to the office. Note that a nominal fee may apply to obtain an arrest record from the county sheriff's office or local police department.
• Submitting a Request to the Bureau of Criminal Identification in the Department of Public Safety: You may submit a request to the BCI to obtain a copy of your own Utah criminal history. The BCI accepts requests in person and by mail. For an in-person request, visit:

You will be required to pay an application fee of $15. This fee is payable in cash, VISA, personal check, MasterCard, money order, or cashier's check. Checks and money orders must be made payable to the Bureau of Criminal Identification. A valid government-issued photo ID will also be required. Note that Utah Driving Privilege Cards are not accepted. You may visit the BCI location between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding state holidays and weekends.

If you are completing your request by mail, submit a completed Criminal History Record Application or Third-Party Release form (if the record is to be released to a third party) to:

Take your application to a local law enforcement agency, such as your city police department or county sheriff's office, and request that they print the four fingers of your right hand in the designated area on the form. Ensure the official taking your fingerprints completes the "OFFICIAL TAKING PRINTS" section of the application. If you already have a 10-Print Card, you may submit it instead of being fingerprinted again. Fingerprints may also be taken at the Bureau of Criminal Identification office in Taylorsville, Utah, without an appointment. Ensure to include a photocopy of your ID in your submission. In response to a successful application, the BCI will send a report by mail to the address provided.

• Accessing Utah Court Records: Local courthouses in Utah maintain court records that anyone may access. You may visit the court clerk where a case was heard to access arrest records related to the specific case. Many court clerk offices permit requests to be made by mail or in person. Also, the state provides an online statewide search tool (Xchange) to access case information for court records. Xchange is a repository of district court and justice court case information. Xchange is also available for use on local courts' computer systems. The Utah judiciary also provides a My Court Case tool for individuals to view their case history online. This tool cannot be used to view another person's case information. Furthermore, the state judiciary provides a request for a record form for users to complete and submit to the Utah judiciary to access court records.
• Using Third-Party Websites: Although they do not typically have affiliations to the Utah government, some websites offer users access to available arrest records in the United States, including Utah arrest records. Websites like RecordsFinder are typically reliable and provide in-depth records for available arrest records across Utah counties. Like official government sources, you may have to pay a fee to access arrest records from third-party websites.

How Long Do Arrests Stay on the Record in Utah?

A Utah arrest record will remain on your record for life unless you take legal action to have the record expunged. Similarly, an arrest without a conviction may still appear in background checks unless an expungement is granted. However, under the Clean Slate Law passed in 2019, the government automatically expunges arrest records relating to certain misdemeanor criminal records.

According to the Clean Slate Law which went into effect on February 10, 2022, if you have not been convicted of a crime in the last 5-7 years, all or parts of your criminal record may be automatically expunged. If you were acquitted of charges, had your case dismissed with prejudice, or have conviction records that are "clean slate" eligible, your arrest record may be automatically expunged.

Clean Slate eligible cases include Class A misdemeanor drug possession offenses, most Class B and C misdemeanor offenses, infractions, and minor regulatory offenses.

How To Seal or Expunge an Arrest Record in Utah?

According to U.C.A 77-40a-101 (10), expungement in Utah generally refers to a court-ordered sealing of all records (arrest, investigation, detention, or conviction) so that no one without permission from the court may access such records. Per U.C.A 77-40a-401(2), if your record is expunged, you may legally say that the arrest or conviction never occurred, and government offices or agencies in the state will say the same. Note that expungement in Utah applies only to government records, not news stories. After the court orders an expungement, the BCI completely deletes all information related to the charge. The information will be stored in an expungement file and may only be accessed by certain agencies as listed under Section 77-40a-403(b) of the Utah Code Annotated.

The Utah Bureau of Criminal Identification (BCI) has the final say on whether you are eligible to expunge your arrest record. Therefore, according to state law, you must obtain a Certificate of Eligibility from the Bureau before filing an expungement petition. Your eligibility will be based on your total criminal history and not what was reported to the BCI.

Utah has specific requirements for eligibility for a Certificate of Eligibility. Per BCI regulations, you must wait a certain period before you may be eligible to obtain a Certificate of Eligibility (COE). The following are the typical waiting periods to qualify for a CoE:

• Felony: 7 years (five years for drug offenses)
• Class A misdemeanor: 5 years
• Class B misdemeanor: 4 years
• Class C misdemeanor: 3 years
• Misdemeanor DUI: 10 years

However, a record may be expungable if 30 days have passed and no criminal charges are pending against you in the following cases:

• You were acquitted at trial
• The case was screened by the police and the prosecutor declined to file charges
• The case was dismissed with prejudice
• The statute of limitations has expired

Also, some conditions that may render you ineligible to obtain a CoE include, such as if you have:

• Any combination of three or more convictions including two Class A misdemeanor convictions, each of which is part of a separate criminal episode
• Any combination of four or more convictions including three Class B misdemeanor convictions, each of which is part of a separate criminal episode
• Two or more felony convictions, each of which is part of a separate criminal episode
• Five or more convictions of any degree, whether felony or misdemeanor, excluding infractions, each of which is contained in a separate criminal episode

Other circumstances in which arrest records related to a conviction will not be expunged typically include if:

• All fines and interest ordered by the court about the conviction for which expungement is sought have not been paid in full
• You knowingly or intentionally provide false or misleading information on the application for a CoE
• A criminal proceeding is pending against you
• All restitution ordered by the court or the Utah Board of Pardons and Parole has not been paid in full
• You have three or more felony convictions for drug possession offenses or any combination of five or more convictions for drug possession-related offenses, each of which is part of a separate criminal episode

Offenses for which you generally cannot obtain a CoE to expunge the related arrest records in Utah include:

• Capital offense
• Violent felony
• Felony DUI
• First-degree felony
• Automobile homicide
• Registerable sex offense
• Registerable child abuse offense

Note that you must pay an application fee of $65 for a CoE. Also, if you are eligible to receive a CoE for a record of conviction, you must pay a $65 issuance fee. However, if you are eligible to receive a CoE for a record of arrest, investigation, or detention involving a case that was declined, otherwise dismissed, or in which you were acquitted, there is no issuance fee.

It may take several months for the BCI to process your CoE application. Once you get the CoE, you have 90 days to file it along with your expungement petition.

To file for an expungement, you must first gather and prepare several important documents, such as a Cover Sheet for Civil Actions, a Petition to Expunge Records (make sure to choose the petition that corresponds to your specific case), and an Order on Petition to Expunge Records. You may access all the required forms on the Utah Courts website.

Once you have gathered the necessary documents, make two copies of each form. File your Certificate of Eligibility, Cover Sheet, Petition to Expunge Records, and Order on Petition to Expunge Records with the court where your case was decided. If no court case was filed, you should file the documents in the district where the arrest occurred.

Afterward, serve the prosecutor by delivering or mailing a copy of your documents to the prosecutor's office that handled your case. You will need to provide the prosecutor with copies of the Petition to Expunge, the Certificate of Eligibility, and the original forms for the Acceptance of Service and Consent and Waiver of Hearing. If the prosecuting attorney was in Utah, serve as the county prosecutor. You may use the list of county prosecutors on the Utah Prosecution Council's website to locate the address of your prosecutor.

If you mail the documents, include a self-addressed stamped envelope so the prosecutor may return the signed forms to you. If the prosecutor signs the Consent and Waiver of Hearing, you must file this document and others not yet filed with the court.

If the prosecutor files an objection or a statement on behalf of either themselves or the victim, the court will schedule a hearing. You will need to bring any remaining documents to this hearing. However, if the prosecutor only signs the Acceptance of Service, the court must wait 60 days to allow time for any statements from the prosecutor or the victim. You will then need to file the Acceptance of Service with the court, which may choose to schedule a hearing or grant your expungement request without one.

If the prosecutor takes no action within 60 days of filing your petition, the court will proceed with the case, and you should file a Proof of Service. The court may then schedule a hearing or decide to grant your expungement request without a hearing.

If a hearing is scheduled, be prepared to explain that your petition and CoE are valid, that you are legally eligible for expungement, and that clearing your record is in the public's best interest.

Finally, if the court grants your expungement, they will issue an order to expunge your records. You should promptly obtain certified copies of the expungement order and deliver them to the relevant agencies, such as the arresting agency, the booking agency, the prosecutor's office, the Department of Corrections, the Bureau of Criminal Identification (attach the Certificate of Eligibility to the expungement order), and the Driver License Division (if applicable).

If the BCI denies your application for a Certificate of Eligibility, you may contact the Utah Board of Pardons and Parole for more information regarding pardoned expungements for Utah criminal records. The BCI provides a resource for persons looking to apply for a Utah Board of Pardons Expungement Order.

Be aware that certain low-level records will be automatically expunged by Utah courts. No application or petition is required to expunge such arrest or conviction records. If you were acquitted of charges or have a case dismissed with prejudice, the associated arrest record may have been automatically expunged under the Clean Slate Law. Arrests related to certain convictions, typically such as convictions for domestic violence, simple assault, UI, and some sex and weapons offenses, are ineligible for automatic expungement. There is also a waiting period for individuals before their records may be automatically expunged. The following are the statute of limitations on case types:

• Class A drug possession: Seven years from the adjudication date
• Class B misdemeanor: Six years from the adjudication date
• Class C misdemeanor, infractions, and minor regulatory offenses: Five years from the adjudication date
• Acquittals: 60 days from the order of acquittal
• Dismissals with prejudice: 180 days from the order of acquittal
• Dismissals as a result of a plea in abeyance agreement: Subject to the same waiting periods as convictions

You may use the My Court Case tool to see if your case has already been expunged if you have a copy of your case number. If you do not have a copy of your case number, you may look it up using the Xchange case search service. The state provides public terminals with free Xchange access at most district court locations.

Alternatively, you may use a BCI application to determine if your record has been automatically expunged. Submit the completed application, a valid government-issued photo ID, and a non-refundable $15 fee payable by credit card, checks, or money order to:

Checks and money orders must be U.S. Currency and made payable to "Utah Bureau of Criminal Identification." If you prefer to make your submission by email, you may scan the completed form and the acceptable photo ID to the BCI expungement section at bciexpungements@utah.gov. Any automatic and petitioned expungement information obtained by the BCI in the search process will be mailed or emailed to the address indicated on the application form.

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