Utah Code Title 77, Chapter 40a — Expungement

Clearing your Utah criminal record.

In Utah, an arrest or conviction stays on your record forever unless it’s expunged. This step-by-step guide covers eligibility, waiting periods, the five-step petition process, timeline, and budget — so you know exactly where you stand before you spend a dollar.

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I. The Basics

What expungement actually does.

Expungement seals the record so it no longer appears on most background checks run by employers, landlords, and licensing boards. Once expunged, you may respond to any inquiry as though the arrest or conviction never occurred (§ 77-40a-401) — no more checking the box.

Sealed From Most Checks

For jobs, housing, and everyday life, the record is gone. Limited agencies — the Board of Pardons, POST, and some licensing bodies — retain access, but standard background checks come back clean.

Clean Slate — Automatic

Since January 1, 2026, Utah courts automatically expunge qualifying cases — acquittals, most dismissals with prejudice, certain class B and C misdemeanors, and minor drug possession. No petition, no forms, no fee.

Petition-Based

Everything else — felonies, class A misdemeanors, DUIs, and pleas in abeyance — requires the five-step petition process below. Clean Slate does not cover these, so don’t assume your case was handled automatically.

II. Eligibility

Three questions before you spend a dollar.

Most failed expungements die on threshold issues, not the merits. Answer these three questions first.

Is the offense expungeable at all?

Never expungeable: capital felonies, first-degree felonies, violent felonies, felony DUI, automobile homicide, and registerable sex offenses. If your offense can never be expunged, a pardon through the Board of Pardons & Parole may be the remaining path.

Has the waiting period fully run — with no new convictions?

The clock starts at conviction or release from incarceration, probation, or parole — whichever is later (§ 77-40a-303). See the full table below.

Are you under the total-conviction caps?

Utah limits how many convictions can sit on your record; the limits loosen after 10 clean years. This is the most technical part of the statute — have your complete record reviewed before paying any fees.

Offense	Waiting Period
Misdemeanor DUI	10 yrs
Eligible felony	7 yrs
Class A misdemeanor	5 yrs
Drug possession (felony / class A)	5 yrs
Class B misdemeanor	4 yrs
Class C misdemeanor / infraction	3 yrs
Dismissal / acquittal / no charges filed	30–180 days

§ 77-40a-303 — The clock starts at conviction or release from incarceration, probation, or parole, whichever is later. Temporarily ineligible while: a case is pending or under investigation; you’re incarcerated, on probation, or on parole; a criminal protective order is in effect; or fines, interest, or restitution remain unpaid.

A 402 reduction can lower the degree of a conviction — which can shorten your waiting period and even restore eligibility under the conviction caps.

III. The Petition Process

The five-step petition process.

What to file, where, and in what order. Plan on 4–8 months start to finish. Self-filed costs: $15 record check + $65 BCI application + $65 per certificate + $135 per court petition — multiple cases mean multiple certificates and filing fees.

Get Your Complete Criminal History

Pull it from BCI (4315 S 2700 W, Ste 1300, Taylorsville · 801-965-4445 · $15) or search free via MyCase at utcourts.gov. BCI evaluates your entire record — every state, every episode, every prior expungement.

Apply for a Certificate of Eligibility

The court won’t accept a petition without it. Submit BCI’s application with the $65 fee, fingerprints, and government ID. First-come, first-served — currently about a 3-month backlog. If approved, pay $65 per certificate issued for each court where you have a record.

File Your Petition — Within 180 Days

The certificate expires 180 days after issuance. File in the court where the case was heard: a Petition to Expunge Records matching your case type, the original certificate, a proposed order, and the $135 filing fee (waiver available). One petition per case, per court.

Serve the Prosecutor; Clear Objections

Prosecutors and victims may object, triggering a hearing where you show expungement serves the public interest — steady employment, treatment completed, restitution paid, clean record since. No objection? Often granted on the papers.

Distribute the Signed Order

Deliver certified copies to BCI and every agency holding the record. BCI then deletes and seals it at the state and FBI level. Keep one certified copy in a safe place forever.

IV. Avoid These

Seven mistakes that sink expungements.

Most petitions fail on technical grounds — conviction caps, miscounted waiting periods, expired certificates — not on the merits.

Unpaid Fines or Restitution

Unpaid amounts — including accrued interest — make you ineligible. Pay first, then file.

Miscounting the Waiting Period

It runs from conviction or release from probation/parole, whichever is later — not from arrest.

Hiding Out-of-State History

BCI checks everything. False statements on the application are a class B misdemeanor.

Letting the Certificate Expire

180 days goes fast. Have the petition drafted before the certificate arrives.

Ignoring the Conviction Caps

Too many total convictions block otherwise eligible cases. Count before you pay.

Skipping the Last Step

An order that never reaches BCI never seals anything. Distribute certified copies to every agency.

Assuming Clean Slate Covered It

Automatic expungement misses felonies, class A misdemeanors, DUIs, and pleas in abeyance. Verify — don’t assume.

V. Special Situations & Resources

Shortcuts, dead ends, and official resources.

Special Situations

Traffic-only cases and medical cannabis convictions skip BCI and go straight to the court — but DUI is not a traffic offense. If your offense can never be expunged, a pardon may be the remaining path.

Official Resources

BCI — 4315 S 2700 W, Ste 1300, Taylorsville · 801-965-4445 · bci.utah.gov
Utah Courts — utcourts.gov (MyCase record search, petition & fee-waiver forms)
Board of Pardons & Parole — bop.utah.gov (pardon applications)

Free eligibility review.

No obligation. No judgment. Before you pay a single filing fee, find out whether your record qualifies — every consultation is reviewed personally by an attorney.

Phone — 24/7

(801) 627-1110Our staff answers 24/7.

Office

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General legal information, not legal advice; no attorney-client relationship is created by reading this page. Eligibility depends on your complete criminal history, and a judge makes the final decision. Current as of July 2026 — verify at bci.utah.gov and utcourts.gov before filing.