⚖️ Utah Expungement Laws
🧹 What Is Expungement in Utah?
In Utah, expungement means your criminal record is sealed from public view. Once a case is expunged:
- Courts and government agencies generally treat the case as though it never happened
- Employers and landlords usually cannot see it
- You may legally state in most situations that the arrest or conviction did not occur
- Law enforcement and certain government agencies may still access sealed records in limited situations
🧾 Utah’s Main Expungement Law
Utah’s expungement system is governed primarily by:
📚 Utah Code Title 77, Chapter 40a
Known as the Utah Expungement Act
Utah also has one of the nation’s best-known Clean Slate automatic expungement systems.
✨ Automatic “Clean Slate” Expungement
🤖 Utah Automatically Clears Some Records
Utah became one of the first states to automatically expunge certain criminal records without requiring a formal court petition.
✅ Records That May Qualify Automatically
- Cases dismissed with prejudice
- Acquittals
- Infractions
- Some Class B misdemeanors
- Some Class C misdemeanors
- Certain low-level drug possession offenses
⏳ Waiting Periods
Generally:
| Offense Type | Waiting Period |
|---|---|
| Infractions / Class C misdemeanors | 5 years |
| Class B misdemeanors | 6 years |
| Certain Class A drug possession offenses | 7 years |
🚫 Offenses NOT Eligible for Automatic Expungement
The following generally do not qualify for Utah’s automatic Clean Slate process:
- Felonies
- DUI offenses
- Domestic violence offenses
- Sex offenses
- Assault offenses
- Certain weapons offenses
These cases may still require a traditional court petition or pardon.
📝 Petition-Based Expungement
⚖️ If Your Record Is Not Automatically Cleared
You may still qualify by filing a petition with the court.
Typical requirements include:
- Completion of all sentencing terms
- Payment of fines and restitution
- Remaining crime-free during the waiting period
- Staying within Utah’s numerical limits on convictions
📌 Possible Eligible Records
- Certain misdemeanors
- Some nonviolent felonies
- Arrests that never led to conviction
- Plea in abeyance dismissals
⏱️ Typical Waiting Periods for Petition Expungement
| Record Type | Approximate Waiting Period |
|---|---|
| Acquittal or dismissed case | Immediately or after statutory delay |
| Infractions | 3 years |
| Class C misdemeanor | 5 years |
| Class B misdemeanor | 6 years |
| Certain felonies | 7 to 10 years |
Exact eligibility depends on offense type and criminal history.
🚨 Important Limits
❌ Some Crimes Cannot Be Expunged
Utah generally bars expungement for:
- Capital felonies
- Violent felonies
- Registerable sex offenses
- Certain felony DUI offenses
A pardon may be the only option in these cases.
🏛️ How the Utah Expungement Process Works
📋 Traditional Petition Process
- Obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI)
- File a petition in court
- Attend a hearing if required
- Judge signs the expungement order
- Agencies seal the records
💡 Utah Clean Slate Update
📅 Current Temporary Rule Change
Between October 1, 2024 and January 1, 2026, Utah requires eligible individuals to submit a court request form for certain automatic expungements due to a temporary processing pause in the bulk automation system.
🔗 Helpful Utah Resources