Utah Expungement Laws: How to Clear or Seal a Criminal Record
How to expunge or seal a criminal record in Utah: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.
Quick answers for Utah
- What relief the state offers
- Utah offers "expungement." The court seals all records about a case, no one can see them without court permission, and the person can say the arrest or conviction never happened. Utah Code Title 77, Chapter 40a; Utah Courts Self-Help
- Misdemeanor convictions
- Petition waiting periods are counted from the latest of: the end of the case, release from jail, or the end of probation or parole. Utah Code § 77-40a-303; Utah Courts Self-Help
- Felony convictions
- Most felonies can be expunged by petition 7 years after the case ended or supervision ended, whichever is later. Felony drug possession has a 5-year wait, and a felony conviction under Utah Code § 58-37-8(2)(g) has a 10-year wait. Utah Code § 77-40a-303; Utah Courts Self-Help
- Automatic (clean slate) relief
- Yes. Since January 1, 2026, the court finds and expunges eligible cases on its own, with no request form required. The process can take up to 120 days, and the prosecutor has a chance to respond. Covered: acquittals on all charges; Utah Code Title 77, Ch. 40a, Part 2; Utah Courts Self-Help
Last verified: 2026-10-27
Who qualifies
| What relief the state offers | Utah offers "expungement." The court seals all records about a case, no one can see them without court permission, and the person can say the arrest or conviction never happened. Expungement happens in two ways: automatically under Utah's "Clean Slate" law, or by petition. Adults use the Utah Expungement Act (Utah Code Title 77, Chapter 40a), and juveniles have a separate process. Utah also allows a motion to reduce the level of a conviction and pardons from the Board of Pardons and Parole. |
|---|---|
| Arrests and dismissed charges | Cases ending in acquittal on all charges, or dismissed with prejudice (other than through a plea in abeyance), are expunged automatically. This happens within about 60 days of an acquittal or 180 days of a dismissal. A person may also petition. If no charges were filed, they can petition once at least 30 days have passed since the arrest and the prosecutor has decided not to charge. If the case was dismissed with prejudice, they can petition after 30 days from the arrest. If the case was dismissed without prejudice, they can petition after 30 days from the arrest, once the prosecutor consents in writing or 180 days have passed since the dismissal. |
| Misdemeanor convictions | Petition waiting periods are counted from the latest of: the end of the case, release from jail, or the end of probation or parole. They are: 3 years for Class C misdemeanors and infractions, 4 years for Class B misdemeanors, and 5 years for Class A misdemeanors or drug possession. Petitioners must have paid all fines, fees, restitution and interest. They must have no pending criminal case (other than traffic), must not be incarcerated or on probation or parole, and must not have a protective order or stalking injunction in effect against them. Certain numbers of convictions make a person ineligible. Examples are three or more crimes with two Class A misdemeanors, four or more with three Class B misdemeanors, or five or more crimes of any degree (other than drug possession). Registrable sex and child-abuse offenses cannot be expunged. |
| Felony convictions | Most felonies can be expunged by petition 7 years after the case ended or supervision ended, whichever is later. Felony drug possession has a 5-year wait, and a felony conviction under Utah Code § 58-37-8(2)(g) has a 10-year wait. The following cannot be expunged: capital and first-degree felonies, "violent felonies" as defined in Utah Code § 76-3-203.5, felony DUI, registrable sex offenses, and registrable child-abuse offenses. Also ineligible are people with two or more felonies (other than drug possession), three or more felony drug-possession convictions, or other high conviction counts. The Courts suggest that people who are ineligible may try a motion to reduce the conviction or a pardon, and then seek expungement. |
| DUI / DWI convictions | Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. DUI-related offenses are not among the misdemeanors the Courts list as eligible for automatic clean slate expungement. The Courts' 2022 Clean Slate announcement also said DUI offenses are excluded from automatic clearing. |
| Juvenile records | Juvenile records are cleared through the juvenile court. If a record has only nonjudicial adjustments (an agreement with a probation officer, with no court case) completed after October 1, 2023, it is automatically expunged once the person is 18. Exceptions include DUI, negligent homicide, sexual battery and certain weapons offenses. Others may file a Petition to Expunge Juvenile Court Records with a cover sheet and filing fee (a fee waiver is available). Once records are expunged, the person may answer background questions as though the incident did not happen, and government agencies will respond the same way. |
| Past marijuana convictions | A person with a cannabis possession conviction who cannot get a BCI certificate of eligibility may still qualify for expungement by petition. They must show that at the time of the arrest they had a qualifying medical condition, and that the cannabis was in a medicinal form and amount (not more than 113 grams of unprocessed cannabis or 20 grams of total THC in a cannabis product). These petitions do not need a BCI certificate. |
How to apply
| How to apply | For most petitions: (1) Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, which can take months and is valid for 180 days. (2) File a Petition to Expunge Records and a proposed Order, with the original certificate, in the court that decided the case. If no case was filed, use the district where the arrest happened. (3) The court sends the petition to the prosecutor. The prosecutor may consent and waive a hearing, or object within 35 days, and a victim may object within 60 days. The court waits at least 60 days and may hold a hearing, where the petitioner must show by clear and convincing evidence that the requirements are met and that expungement is not contrary to the public interest. (4) Get certified copies of the order within 28 days if needed. Traffic and qualifying medical-cannabis possession petitions do not need a BCI certificate. |
|---|---|
| Filing fee | BCI charges a fee to apply for a Certificate of Eligibility and may charge another fee to issue it. The court charges a filing fee for the petition, listed on the cover sheet. A person who cannot afford the court fee can ask for a fee waiver. Automatic expungement has no fee. |
| Automatic (clean slate) relief | Yes. Since January 1, 2026, the court finds and expunges eligible cases on its own, with no request form required. The process can take up to 120 days, and the prosecutor has a chance to respond. Covered: acquittals on all charges; dismissals with prejudice; and "clean slate" convictions or dismissals once enough time has passed, measured from the date the court accepted a guilty plea or dismissed the case. That is 7 years for Class A drug possession (usually limited to 2 cases), 6 years for Class B misdemeanors (usually limited to 3 cases), and 5 years for Class C misdemeanors, infractions and minor regulatory offenses. All fines, fees and restitution must be paid. Not covered: Class A misdemeanors other than drug possession, domestic-violence-related offenses, certain weapons offenses, and felonies. Eligible traffic cases are also deleted automatically. |
| Getting a copy of your criminal record | The Utah Department of Public Safety's Bureau of Criminal Identification (BCI) lets you get a copy of your own Utah criminal history in person at its Taylorsville office (8 a.m.-5 p.m. weekdays) or by mailing the Criminal History Record Application with the fee. The fee is $20 (cash, personal check, VISA or MasterCard, money order or cashier's check). A valid government-issued photo ID must accompany the request; Utah Driving Privilege Cards are not accepted. You may obtain only your own record. BCI: 801-965-4445. |
After your record is cleared
| What clearing a record does | Once a case is expunged, no one can see the records without court permission, the person can say the arrest or conviction never happened, and government offices will say the same. BCI keeps the details and will not release them to the public without a court order. Some agencies can still see expunged records, including the Board of Pardons and Parole, Peace Officer Standards and Training, federal authorities (unless federal law prohibits it), the Division of Occupational and Professional Licensing, and the State Office of Education. Expunged records may be opened for sentencing if the person is later charged with a felony. BCI may use them to decide concealed firearm permit applications. Expungement covers only government records, not news stories. The Utah Courts tell people to get advice from an immigration lawyer, because the FBI may still have records of an expunged case. |
|---|---|
| Pardons | The Utah Board of Pardons and Parole decides pardon applications, which are submitted online through its MyPATH system. Applications are generally considered only after at least five years have passed since all sentences and supervision ended, and all restitution, fines and fees are generally required to be paid. The Board decides whether to grant a public hearing, notifies police, prosecutors, the judge and victims, and may deny a pardon, grant it in part, grant it with conditions, or grant a full pardon. Starting May 6, 2026, the Board cannot grant a pardon unless the applicant meets the statutory waiting periods. A person whose conviction is pardoned may then ask for expungement. |
Where to get help in Utah
Expungement & Criminal Records FAQ
Can you get a criminal record expunged in Utah?
Utah offers "expungement." The court seals all records about a case, no one can see them without court permission, and the person can say the arrest or conviction never happened. Expungement happens in two ways: automatically under Utah's "Clean Slate" law, or by petition. Adults use the Utah Expungement Act (Utah Code Title 77, Chapter 40a), and juveniles have a separate process. Utah also allows a motion to reduce the level of a conviction and pardons from the Board of Pardons and Parole.
Can you clear an arrest or dismissed charge in Utah?
Cases ending in acquittal on all charges, or dismissed with prejudice (other than through a plea in abeyance), are expunged automatically. This happens within about 60 days of an acquittal or 180 days of a dismissal. A person may also petition. If no charges were filed, they can petition once at least 30 days have passed since the arrest and the prosecutor has decided not to charge. If the case was dismissed with prejudice, they can petition after 30 days from the arrest. If the case was dismissed without prejudice, they can petition after 30 days from the arrest, once the prosecutor consents in writing or 180 days have passed since the dismissal.
Can a misdemeanor be expunged in Utah?
Petition waiting periods are counted from the latest of: the end of the case, release from jail, or the end of probation or parole. They are: 3 years for Class C misdemeanors and infractions, 4 years for Class B misdemeanors, and 5 years for Class A misdemeanors or drug possession. Petitioners must have paid all fines, fees, restitution and interest. They must have no pending criminal case (other than traffic), must not be incarcerated or on probation or parole, and must not have a protective order or stalking injunction in effect against them. Certain numbers of convictions make a person ineligible. Examples are three or more crimes with two Class A misdemeanors, four or more with three Class B misdemeanors, or five or more crimes of any degree (other than drug possession). Registrable sex and child-abuse offenses cannot be expunged.
Can a felony be expunged in Utah?
Most felonies can be expunged by petition 7 years after the case ended or supervision ended, whichever is later. Felony drug possession has a 5-year wait, and a felony conviction under Utah Code § 58-37-8(2)(g) has a 10-year wait. The following cannot be expunged: capital and first-degree felonies, "violent felonies" as defined in Utah Code § 76-3-203.5, felony DUI, registrable sex offenses, and registrable child-abuse offenses. Also ineligible are people with two or more felonies (other than drug possession), three or more felony drug-possession convictions, or other high conviction counts. The Courts suggest that people who are ineligible may try a motion to reduce the conviction or a pardon, and then seek expungement.
Does Utah have automatic record clearing (clean slate)?
Yes. Since January 1, 2026, the court finds and expunges eligible cases on its own, with no request form required. The process can take up to 120 days, and the prosecutor has a chance to respond. Covered: acquittals on all charges; dismissals with prejudice; and "clean slate" convictions or dismissals once enough time has passed, measured from the date the court accepted a guilty plea or dismissed the case. That is 7 years for Class A drug possession (usually limited to 2 cases), 6 years for Class B misdemeanors (usually limited to 3 cases), and 5 years for Class C misdemeanors, infractions and minor regulatory offenses. All fines, fees and restitution must be paid. Not covered: Class A misdemeanors other than drug possession, domestic-violence-related offenses, certain weapons offenses, and felonies. Eligible traffic cases are also deleted automatically.
Can a DUI be expunged in Utah?
Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. DUI-related offenses are not among the misdemeanors the Courts list as eligible for automatic clean slate expungement.
How do you seal a juvenile record in Utah?
Juvenile records are cleared through the juvenile court. If a record has only nonjudicial adjustments (an agreement with a probation officer, with no court case) completed after October 1, 2023, it is automatically expunged once the person is 18. Exceptions include DUI, negligent homicide, sexual battery and certain weapons offenses. Others may file a Petition to Expunge Juvenile Court Records with a cover sheet and filing fee (a fee waiver is available). Once records are expunged, the person may answer background questions as though the incident did not happen, and government agencies will respond the same way.
How do you file for expungement in Utah?
For most petitions: (1) Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, which can take months and is valid for 180 days. (2) File a Petition to Expunge Records and a proposed Order, with the original certificate, in the court that decided the case. If no case was filed, use the district where the arrest happened. (3) The court sends the petition to the prosecutor. The prosecutor may consent and waive a hearing, or object within 35 days, and a victim may object within 60 days. The court waits at least 60 days and may hold a hearing, where the petitioner must show by clear and convincing evidence that the requirements are met and that expungement is not contrary to the public interest. (4) Get certified copies of the order within 28 days if needed. Traffic and qualifying medical-cannabis possession petitions do not need a BCI certificate.
How much does expungement cost in Utah?
BCI charges a fee to apply for a Certificate of Eligibility and may charge another fee to issue it. The court charges a filing fee for the petition, listed on the cover sheet. A person who cannot afford the court fee can ask for a fee waiver. Automatic expungement has no fee.
What happens after a record is expunged or sealed in Utah?
Once a case is expunged, no one can see the records without court permission, the person can say the arrest or conviction never happened, and government offices will say the same. BCI keeps the details and will not release them to the public without a court order. Some agencies can still see expunged records, including the Board of Pardons and Parole, Peace Officer Standards and Training, federal authorities (unless federal law prohibits it), the Division of Occupational and Professional Licensing, and the State Office of Education. Expunged records may be opened for sentencing if the person is later charged with a felony. BCI may use them to decide concealed firearm permit applications. Expungement covers only government records, not news stories.
How do you get a pardon in Utah?
The Utah Board of Pardons and Parole decides pardon applications, which are submitted online through its MyPATH system. Applications are generally considered only after at least five years have passed since all sentences and supervision ended, and all restitution, fines and fees are generally required to be paid. The Board decides whether to grant a public hearing, notifies police, prosecutors, the judge and victims, and may deny a pardon, grant it in part, grant it with conditions, or grant a full pardon. Starting May 6, 2026, the Board cannot grant a pardon unless the applicant meets the statutory waiting periods. A person whose conviction is pardoned may then ask for expungement.
Can old marijuana convictions be cleared in Utah?
A person with a cannabis possession conviction who cannot get a BCI certificate of eligibility may still qualify for expungement by petition. They must show that at the time of the arrest they had a qualifying medical condition, and that the cannabis was in a medicinal form and amount (not more than 113 grams of unprocessed cannabis or 20 grams of total THC in a cannabis product). These petitions do not need a BCI certificate.
How do I check my own criminal record in Utah?
The Utah Department of Public Safety's Bureau of Criminal Identification (BCI) lets you get a copy of your own Utah criminal history in person at its Taylorsville office (8 a.m.-5 p.m. weekdays) or by mailing the Criminal History Record Application with the fee. The fee is $20 (cash, personal check, VISA or MasterCard, money order or cashier's check). A valid government-issued photo ID must accompany the request; Utah Driving Privilege Cards are not accepted. You may obtain only your own record. BCI: 801-965-4445.
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