Utah Expungement Laws: Petition Process, Clean Slate & Certificate of Eligibility (2026)

(1) Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if: (a) the petitioner has paid in full all fines and interest ordered by the court related to the conviction for which expungement is sought; (b) the petitioner has paid in full all restitution ordered by the court under Section 77-38b-205; and (c) the following time periods have passed after the day on which the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for the conviction that the petitioner seeks to expunge: (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2); (ii) 10 years for the conviction of a felony for operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g); (iii) seven years for the conviction of a felony; (iv) five years for the conviction of a drug possession offense that is a felony; (v) five years for the conviction of a class A…

Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at le.utah.gov

Also relied on in: Utah DUI Laws: 0.05% BAC Limit & Penalties (2026)

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if: (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; (b) the case is eligible for expungement under this section; and (c) the prosecuting agency does not object to the expungement of the case as described in Subsection (6).

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

Also relied on in: Utah Court Records: How to Search, What's Public, and How to Seal Them (2026), Utah Background Check Laws (2026 Guide)

(1) If an individual seeks to expunge the individual's criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall: (a) except as provided in Subsection 77-40a-305(3) or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304; (b) except as provided in Subsections 77-40a-304(3) and (7), pay the issuance fee for the certificate of eligibility or special certificate as described in Section 77-40a-304 if the individual is eligible to receive a certificate of eligibility or special certificate; and (c) file a petition for expungement in accordance with Section 77-40a-305. (2) (a) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6. (b) Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) (a) When a petitioner applies for a certificate of eligibility as described in Subsection 77-40a-301(1): (i) the petitioner shall pay an application fee at the time the petitioner submits an application for a certificate of eligibility to the bureau; and (ii) the bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner is eligible to receive a certificate of eligibility under this chapter. (b) For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention, and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) (a) The petitioner shall file a petition for expungement in accordance with Rule 42 of the Utah Rules of Criminal Procedure. (b) A petitioner shall include the identification number for the certificate of eligibility or special certificate described in Subsection 77-40a-304(2)(b)(ii) in the petition for expungement, unless the petitioner is not required to obtain a certificate of eligibility under Subsection (3) or (4). (c) Information on a certificate of eligibility is incorporated into a petition by reference to the identification number for the certificate of eligibility. (d) A petitioner shall bring a petition for expungement, including a petition for expungement for which the petitioner obtained a special certificate: (i) in the court where the criminal case was filed; (ii) if the court in which the criminal case was filed no longer exists, in the court that would have jurisdiction over the criminal case if the criminal case were filed on the day on which the petition is brought; or (iii) if charges were never filed, in the district court in the county in which the arrest occurred or the citation is issued.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) If a petition for expungement is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that: (a) except as provided in Subsection (1)(b) and Subsection 77-40a-305(3) or (4): (i) the certificate of eligibility is valid at the time the petition for expungement was filed with the court and contains the information needed for the court to issue an order for expungement; and (ii) the statutory requirements for expungement have been met; (b) if the petitioner obtained a special certificate from the bureau: (i) the special certificate is valid at the time the petition for expungement was filed with the court; and (ii) there is sufficient information in the petition for the court to determine that the statutory requirements for expungement have been met; (c) if the petitioner seeks expungement after a case is dismissed without prejudice or without condition, the prosecuting attorney provided written consent and has not filed and does not intend to refile related charges; (d) if the petitioner seeks expungement without a certificate of eligibility for expungement under Subsection…

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if: (a) the following time periods have passed: (i) at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense; (ii) at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; and (iii) at least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; and (b) one of the following occurs: (i) an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner; (ii) all charges in the case are dismissed with prejudice; (iii) if a charge in the case is dismissed without prejudice or without…

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) In processing an expungement order, a court and the bureau shall give priority to: (a) first, an expungement order granting a petition for expungement under Part 3, Petition for Expungement; (b) second, an expungement order upon a pardon by the Board of Pardons and Parole as described in Section 77-27-5.1; (c) third, an expungement order upon a plea in abeyance as described in Section 77-2a-3; (d) fourth, an expungement order where an individual submitted a form requesting automatic expungement under Part 2, Automatic Expungement and Deletion; and (e) fifth, an expungement order where the court identified the case as being eligible for automatic expungement under Part 2, Automatic Expungement and Deletion. (2) An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau's record may be expunged. (3) (a) An agency shall: (i) develop and implement a process to identify an expunged record; and (ii) keep, index, and maintain all expunged records of arrests and convictions.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) (a) An agency with an expunged record, or any employee of an agency with an expunged record, may not knowingly or intentionally divulge any information contained in the expunged record to any person, or another agency, without a court order unless: (i) specifically authorized by Subsection (4) or Section 77-40a-404; or (ii) subject to Subsection (1)(b), the information in an expunged record is being shared with another agency through a records management system that both agencies use for the purpose of record management. (b) An agency with a records management system may not disclose any information in an expunged record to another agency or person, or allow another agency or person access to an expunged record, if that agency or person does not use the records management system for the purpose of record management.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) An individual who receives an expungement may request a written confirmation from an agency under Subsection 77-40a-401(4) to confirm that the agency has expunged all records of the offense for which the individual received the expungement. (2) The following individuals may view or obtain an expunged record under this chapter or Section 77-27-5.1: (a) the petitioner or an individual who receives an automatic expungement under Part 2, Automatic Expungement and Deletion; (b) a law enforcement officer, who was involved in the case, for use solely in the officer's defense of a civil action arising out of the officer's involvement with the petitioner in that particular case; and (c) a party to a civil action arising out of the expunged incident if the information is kept confidential and utilized only in the action.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

The provisions of this chapter apply retroactively to all arrests and convictions regardless of the date on which the arrests were made or convictions were entered.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

As used in this chapter: (1) "Agency" means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. (2) "Automatic expungement" means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition. (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. (4) "Certificate of eligibility" means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement. (5) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102. (6) "Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102. (7) "Civil protective order" means the same as that term is defined in Section 78B-7-102. (8) "Clean slate eligible case" means a case that is eligible for automatic expungement under Section 77-40a-205.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) (a) On and after October 1, 2024, but before January 1, 2026, an individual must submit the necessary form to the court to receive an expungement of a case that is eligible under this part. (b) If a form is submitted as described in Subsection (1), the court shall determine whether the individual has a case that qualifies for expungement in accordance with Sections 77-40a-205 and 77-40a-206. (2) A court shall automatically expunge a case in accordance with this part if the court identified the case as being eligible for automatic expungement before October 1, 2024, and the requirements for automatic expungement were met under this part. (3) On and after January 1, 2026, a court shall automatically expunge a case in accordance with this part if the court identifies the case as being eligible for automatic expungement.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if: (a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; and (b) the case is eligible for expungement under this section. (2) Except as provided in Subsection (3), a case is eligible for expungement under this section if: (a) (i) the case resulted in an acquittal on all charges; and (ii) at least 60 days have passed after the day on which the case resulted in an acquittal; or (b) (i) the case is dismissed with prejudice; and (ii) at least 180 days have passed after the day on which: (A) for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; or (B) for a case in which an appeal was filed, a court issues a final nonappealable order.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) As used in this part: (a) "Actual physical control" is determined by a consideration of the totality of the circumstances, but does not include a circumstance in which: (i) the person is asleep inside the vehicle; (ii) the person is not in the driver's seat of the vehicle; (iii) the engine of the vehicle is not running; (iv) the vehicle is lawfully parked; and (v) under the facts presented, it is evident that the person did not drive the vehicle to the location while under the influence of alcohol, a drug, or the combined influence of alcohol and any drug. (b) "Assessment" means an in-depth clinical interview with a licensed mental health therapist: (i) used to determine if a person is in need of: (A) substance abuse treatment that is obtained at a substance abuse program; (B) an educational series; or (C) a combination of Subsections (1)(b)(i)(A) and (B); and (ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. (c) "Driving under the influence court" means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) (a) As used in this section: (i) "Correctional facility" means the same as that term is defined in Section 64-13-1. (ii) "Good faith" does not include seeking medical assistance under this section during the course of a law enforcement agency's execution of a search warrant, execution of an arrest warrant, or other lawful search. (b) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section. (2) An actor commits unlawfully possessing or using a controlled substance or a controlled substance analog if the actor knowingly and intentionally possesses or uses a controlled substance or a controlled substance analog, unless the controlled substance or controlled substance analog was obtained: (a) under a valid prescription or order; (b) directly from a practitioner while acting in the course of the practitioner's professional practice; or (c) as otherwise authorized by this part or Title 58, Chapter 37, Controlled Substances.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

(1) As used in this section: (a) "Felony" means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison. (b) "Habitual violent offender" means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov

Also relied on in: Utah Statute of Limitations: Filing Deadlines by Case Type