To expunge your record in Utah, first check whether your case was already cleared automatically under the Clean Slate law that took full effect on January 1, 2026. If it wasn’t, you apply to the Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, then file a Petition for Expungement in the court that handled your original case. The whole process typically runs several months and ends with a court order sealing the record from standard background checks.
Check Automatic Expungement Before You Do Anything Else
Many people spend money on a petition they didn’t need. As of January 1, 2026, Utah courts identify and clear eligible cases on their own, with no form or petition required from you.1State of Utah Judiciary. Expunging Adult Criminal Records Under the statute, “automatic expungement” means the record of an arrest, investigation, detention, or conviction is cleared without a petition being filed.2Utah Legislature. Utah Code 77-40a-101 – Definitions
Cases that generally qualify include acquittals on all charges and cases dismissed with prejudice, once the required waiting periods have passed. Cases dismissed because you successfully completed a plea in abeyance don’t qualify, and acquittals based on insanity don’t either.3Utah Department of Public Safety. Auto Expungement/Clean Slate Expungement
Traffic offenses follow their own automatic deletion schedule. Courts delete traffic records without any order or notice to the prosecutor after an acquittal, a dismissal with prejudice, or the passage of five years for a Class C misdemeanor or infraction and six years for a Class B misdemeanor.4Utah Legislature. Utah Code 77-40a-202 – Automatic Deletion for Traffic Offense by a Court DUI is not treated as a traffic offense for this purpose, so DUI cases still require a petition.3Utah Department of Public Safety. Auto Expungement/Clean Slate Expungement
Who Qualifies to Petition
If automatic expungement doesn’t cover you, eligibility turns on the offense type, how much time has passed since conviction, and your overall record. Waiting periods run from the date of conviction:
- DUI convictions: 10 years
- Most felony convictions: 7 years
- Class A misdemeanors: 5 years
- Class B misdemeanors: 4 years
- Class C misdemeanors: 3 years
You need to stay out of trouble during the waiting period. A new arrest or conviction can reset the clock or disqualify you.
Conviction Count Limits
Even with the waiting period cleared, Utah caps how many prior convictions you can carry and still qualify. You’re barred if you have two or more felony convictions from separate incidents, two or more Class A misdemeanors, three or more Class B misdemeanors, or five or more total convictions of any type (minor traffic infractions aside).
Offenses That Can Never Be Expunged
Capital felonies, first-degree felonies, and violent felonies cannot be expunged no matter how much time passes. If your record contains one of these, the rest of your history may still be eligible, but those convictions stay.
Step 1: Apply for a Certificate of Eligibility
Everything starts at BCI, the agency that maintains Utah criminal records. You download the application from BCI’s website and submit it with accurate personal information. BCI then runs a background check covering your entire criminal history across all states, not just what’s been reported to Utah.5Utah Department of Public Safety. Expungements The agency verifies that you meet the statutory requirements before any court can act.6Utah Legislature. Utah Code 77-40a-301 – Application for Certificate of Eligibility for Expungement
You pay a non-refundable processing fee with the application. If BCI approves you, there’s an additional issuance fee for each certificate, set by statute.7Utah Legislature. Utah Code 77-40a-304 – Fees BCI notifies you of the decision by mail or email. Certificates are only valid for a limited window, so once yours arrives, move quickly to the court filing.
Step 2: File the Petition in Court
You file a Petition for Expungement in the court that handled the original case, attaching your Certificate of Eligibility. The filing fee in district court is $150.8State of Utah Judiciary. Filing/Record Fees Many attorneys file electronically; if you’re representing yourself, you can submit documents in person at the courthouse. You also have to serve a copy of the petition on the prosecutor’s office that handled the charges, which gives the government notice and a chance to respond.
If You Can’t Afford the Filing Fee
Utah courts allow fee waivers. You file a Motion to Waive Fees for Expungement – Criminal along with a proposed order. If your gross monthly household income is at or below the threshold for your household size (for example, $3,227.50 for a family of three or fewer), you only need to complete the first two pages of the motion.9State of Utah Judiciary. Fees and Fee Waiver If your income is higher, you can still qualify by showing that paying would prevent you from covering basic necessities like food and shelter; that requires the full 10-page motion with supporting documents. A judge who denies the motion for missing information gives you 14 days to file a corrected version. A fee waiver granted in one expungement case can be used to waive fees in any additional expungement cases you file.
Step 3: Prosecutor Response and Possible Hearing
After filing, the court notifies the prosecutor, who has 35 days to file a recommendation or objection. If there’s a victim, the victim has 60 days from the filing date to respond.10Utah Legislature. Utah Code 77-40a-305 – Petition for Expungement – Prosecutorial Responsibility – Hearing The court won’t act until those windows close.
If no one objects, the judge usually reviews the paperwork and signs the order without a hearing. If the prosecutor or a victim objects, the court sets a hearing where you, the prosecutor, the victim, and anyone with relevant information about your rehabilitation can testify.10Utah Legislature. Utah Code 77-40a-305 – Petition for Expungement – Prosecutorial Responsibility – Hearing Objections typically focus on public safety or the seriousness of the original offense. Concrete evidence of rehabilitation (steady employment, community involvement, completed treatment) helps counter them.
After the Judge Signs the Order
Once the petition is granted, the court itself notifies BCI and provides the order along with the information BCI needs to identify the sealed record.11Utah Legislature. Utah Code 77-40a-306 – Order of Expungement You don’t have to hand-deliver copies to every agency. Keep a copy for your own records in case questions come up later.12Salt Lake City. Expungements
Timing matters here. An expungement order doesn’t restrict an agency from using or sharing your records until that agency actually receives a copy. Anything an agency does between the date of the order and the date it receives the order can’t be undone retroactively.13Utah Legislature. Utah Code 77-40a-401 – Effect of Expungement Order If you have a pending job application or background check, build in a processing delay after the order is signed.
What You Can Tell Employers Afterward
Once your records are sealed, you can respond to any inquiry about the arrest, investigation, or conviction as though it never happened.13Utah Legislature. Utah Code 77-40a-401 – Effect of Expungement Order On an application that asks whether you’ve been convicted of a crime, you can answer no. In an interview, you can deny it occurred. That right applies unless a court specifically orders otherwise or another law creates an exception.
Standard background checks run by private employers and landlords won’t show sealed records. The records aren’t destroyed, though. Under Utah law, “expunge” means sealing or restricting access, not deletion.2Utah Legislature. Utah Code 77-40a-101 – Definitions Certain agencies keep limited access for law enforcement and judicial purposes.
Federal Limits Utah Expungement Doesn’t Cross
Sealing your record in Utah controls state databases but doesn’t bind federal agencies. Two areas routinely catch people out.
On firearms, federal law says a conviction that has been expunged or set aside “shall not be considered a conviction” for federal firearms purposes, as long as the expungement doesn’t expressly prohibit you from possessing firearms.14Office of the Law Revision Counsel. 18 USC 921 – Definitions In practice, the FBI’s NICS background check system doesn’t always update promptly, so a denial after expungement may require you to challenge it with your court order.
On immigration, federal authorities are not bound by state expungements. USCIS can still access sealed records when evaluating visas, green cards, or naturalization. If you have immigration concerns, talk to an immigration attorney before assuming your expungement resolves them.
Mistakes That Slow the Process
The most frequent problem is inaccurate information on the BCI application. Because the background check reaches every state you’ve lived in, forgetting an old out-of-state arrest can trigger a denial. Pull your own records before applying so you know what’s actually there.
The second common misstep is letting your Certificate of Eligibility expire before filing the petition. If the validity window closes, you reapply with BCI and pay the fees again. Have your court documents ready so you can file as soon as the certificate arrives.
And don’t assume the job is done when the judge signs the order. Until agencies receive and process it, your record can still appear in checks. If timing is critical, request written confirmation from the relevant agency that their systems have been updated.