Utah Expungement Laws: Petition Process, Clean Slate & Certificate of Eligibility (2026)
Utah Expungement Laws: Petition Process, Clean Slate & Certificate of Eligibility
Utah offers two paths to expungement under Utah Code Title 77, Chapter 40a: a petition-based process requiring a Certificate of Eligibility from the Bureau of Criminal Identification (BCI), and an automatic "Clean Slate" system that clears qualifying misdemeanor records without any filing once waiting periods and restitution conditions are met.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Utah state criminal records only. For a nationwide comparison, see Expungement Laws by State.
What Is Expungement Under Utah Law?
Under Utah Code Section 77-40a-101(16), "expunge" means to remove a record from public inspection by sealing it or restricting and denying access to it. Expungement does not destroy a record. Agencies retain sealed files, and certain government bodies (including the Board of Pardons and Parole, Peace Officer Standards and Training, and the State Board of Education) may still access expunged records in specific circumstances under Section 77-40a-403.
Once a Utah court issues an expungement order, the person who received the expungement may respond to any inquiry as though the arrest, investigation, detention, prosecution, or conviction did not occur, unless a court orders otherwise (Utah Code Section 77-40a-401(5)). The law applies retroactively to all arrests and convictions regardless of date under Section 77-40a-103.
Utah's expungement framework is broader than many states because it covers both petition-based relief for convictions and an automatic Clean Slate track for lower-level offenses. Utah was among the first states nationally to adopt automatic expungement legislation, enacting H.B. 431 in 2019 and implementing the Clean Slate system beginning February 10, 2022.
The Certificate of Eligibility: The Starting Point for Petitions
Before filing an expungement petition in court, most petitioners must obtain a Certificate of Eligibility from the Bureau of Criminal Identification (BCI) under Utah Code Section 77-40a-301. The certificate confirms that the specific case is eligible for expungement and provides identifying information the court needs to issue a valid order.
To apply, a petitioner submits an application to BCI and pays a $65 application fee. BCI then checks records of governmental agencies, including national criminal databases, to determine eligibility under Section 77-40a-304. If eligible, BCI issues the certificate for an additional $65 per conviction case; the certificate is valid for 180 days from the date of issuance. No issuance fee applies to dismissals, acquittals, or declinations. Petitioners who cannot afford fees may request indigent status, and BCI will issue the certificate without the issuance fee if the court is likely to waive the petition filing fee.
A Special Certificate may be issued when a disposition on the criminal history file is unobtainable after reasonable research; in that case, the court makes the final eligibility determination. Providing false or misleading information on a BCI application is a class B misdemeanor under Section 77-40a-301(2).
Petition Waiting Periods and Eligibility Requirements
A petitioner may receive a Certificate of Eligibility to expunge a conviction only after paying all court-ordered fines, interest, and restitution in full, and after the following waiting periods have elapsed from the date of conviction or release from incarceration, parole, or probation, whichever occurred last (Utah Code Section 77-40a-303(1)):
- 3 years for a class C misdemeanor or infraction
- 4 years for a class B misdemeanor
- 5 years for a class A misdemeanor
- 5 years for a felony drug possession offense
- 7 years for a felony (general)
- 10 years for a DUI misdemeanor conviction under Utah Code Section 41-6a-501(2)
- 10 years for a pre-2022 felony conviction for operating a vehicle with a controlled substance causing serious bodily injury or death
For arrest records with no conviction, a petitioner is eligible once 30 days have passed since arrest and one of the following applies: no charges were filed, all charges were dismissed with prejudice, an acquittal was entered at trial, or 180 days have passed after a dismissal without prejudice (Section 77-40a-302).
After meeting a waiting period, a petitioner files the petition in the court where the original criminal case was heard, pays the $135 court filing fee, and serves notice on the prosecuting attorney. The prosecutor has 35 days to object; victims have 60 days. If no objection is received within 60 days, the court may grant the expungement without a hearing under Section 77-40a-305(11).
Conviction Caps: When Criminal History Bars Eligibility
Utah imposes strict conviction-history caps that can bar expungement even after waiting periods are met. Under Utah Code Section 77-40a-303(4), BCI must deny a Certificate of Eligibility if the petitioner's full criminal history (including previously expunged convictions) contains any of the following:
- Two or more felony convictions (non-drug possession), each from a separate criminal episode
- Any combination of three or more non-drug convictions that include two class A misdemeanor convictions from separate episodes
- Any combination of four or more non-drug convictions that include three class B misdemeanor convictions from separate episodes
- Five or more non-drug convictions of any degree from separate criminal episodes
Separate drug-possession caps apply under Section 77-40a-303(5): three or more felony drug possession convictions from separate episodes, or five or more drug possession convictions of any degree from separate episodes, also disqualify a petitioner. Infractions, traffic offenses, minor regulatory offenses, and Clean Slate cases that were automatically expunged are excluded from these counts under Section 77-40a-303(8).
A 10-year exception in Section 77-40a-303(7) allows the felony and class A misdemeanor limits to be increased by one when at least 10 years have passed since conviction or release for all convictions.
Absolute Exclusions: Offenses That Cannot Be Expunged
Certain offenses are permanently excluded from petition-based expungement under Utah Code Section 77-40a-303(2). A petitioner cannot receive a Certificate of Eligibility if the conviction is for:
- A capital felony
- A first-degree felony
- A violent felony as defined in Utah Code Section 76-3-203.5(1)(c)(i)
- A felony conviction for DUI under Section 41-6a-501(2)
- Any offense requiring registration as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29
Additional procedural bars prevent expungement when a criminal proceeding for a misdemeanor or felony is pending, when the petitioner is currently incarcerated, on parole, or on probation (unless for a traffic, infraction, or minor regulatory offense), or when a civil or criminal protective order or stalking injunction is in effect.
Utah's Clean Slate Automatic Expungement
Utah Code Section 77-40a-205 establishes the Clean Slate automatic expungement track, which requires no petition and no BCI application. Courts identify qualifying cases and issue expungement orders without the individual taking any action.
Eligible offenses under Section 77-40a-205(2) include class C misdemeanor convictions, class B misdemeanor convictions, infractions, and class A misdemeanor drug possession convictions under Section 76-18-207, after the following waiting periods measured from the date of adjudication:
- 5 years for a class C misdemeanor or infraction
- 6 years for a class B misdemeanor
- 7 years for a class A misdemeanor drug possession conviction
Cases dismissed without prejudice or through a completed plea-in-abeyance agreement that involved only the above offense levels are also eligible after the same waiting periods run from the dismissal date.
Clean Slate expungement is blocked under Section 77-40a-205(3) when a case involves any offense against a person (Title 76, Chapter 5), weapons offenses, DUI, domestic violence, sexual battery, lewdness, or any other felony or class A misdemeanor that is not a drug possession offense. Restitution must also be satisfied; a case with an unsatisfied criminal accounts receivable is ineligible.
As of January 1, 2026, courts conduct Clean Slate reviews on their own initiative under Section 77-40a-204(3) without any action from the individual. Before that date, individuals had to submit a form request. The law's goal is expungement of eligible misdemeanor convictions within 30 days of the court determining that requirements are satisfied, for cases adjudicated on or after May 1, 2020.
Separate automatic expungement provisions under Section 77-40a-206 cover acquittals (60 days after acquittal) and dismissals with prejudice (180 days after final dismissal order).
Disclaimer: This article provides general legal information about Utah expungement law as of May 29, 2026, based on Utah Code Title 77, Chapter 40a. It is not legal advice and does not create an attorney-client relationship. Expungement eligibility depends on the specific facts of your case, your full criminal history, and court discretion. Consult a licensed Utah attorney before taking any action.
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Sources
The information in this article is drawn directly from official Utah government sources, including the Utah Legislature's published statutory text and official agency guidance.
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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes at le.utah.gov before relying on any information here.