UTAH
How to Clear Your Criminal Record
in Utah
A free, plain English guide to Utah expungement — Clean Slate automatic expungement resumed January 2026, petition-based process with BCI Certificate of Eligibility, waiting periods, and conviction limits under UCA § 77-40a.
What You Need to Know First
Clean Slate automatic expungement resumed January 1, 2026. After a pause from October 2024 through December 2025, Utah courts began automatically identifying and expunging eligible cases again on January 1, 2026. No petition or BCI fee required for Clean Slate eligible records. Check your case status at My Court Case at utcourts.gov — if expunged, it will show as such.
Utah expungement means BCI completely deletes your record. Unlike many states that merely seal records, Utah's Bureau of Criminal Identification completely removes all information about the charge from publicly accessible records after expungement. Only 7 specifically designated agencies can access expunged records. You may respond to any inquiry as though the arrest or conviction did not occur.
Your entire criminal history counts — not just Utah. Utah's conviction limits for expungement eligibility are based on your total criminal history from all states — not just Utah convictions. Out-of-state convictions count toward the limits. Get your full criminal history before assuming you qualify.
Utah has two pathways to expungement depending on your offense type.
Petition-Based Expungement
FELONIES + MOST CONVICTIONS — BCI CERTIFICATE REQUIRED
For felonies, Class A misdemeanors, and cases not covered by Clean Slate. Requires a Certificate of Eligibility from BCI ($65 fee), then a petition to the court. The prosecutor has opportunity to object. The judge makes the final determination. BCI fully deletes records upon court order.
Clean Slate — Automatic
MISDEMEANORS + DISMISSALS — NO FEE, NO PETITION
Automatic expungement for qualifying misdemeanor convictions, dismissals, and acquittals. Courts identify eligible cases and expunge them automatically. Resumed January 1, 2026. Check your record at My Court Case. No BCI fee. Does not cover felonies or Class A misdemeanors (except drug possession).
What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Acquittals — immediately, automatic under Clean Slate
- Dismissals with prejudice — immediately
- Dismissals without prejudice — after 180 days (or 30 days with prosecutor consent)
- Arrest only, no charges — after 30 days
- Class C misdemeanor convictions — after 3 years
- Class B misdemeanor convictions — after 4 years
- Class A misdemeanor convictions (non-drug) — after 5 years
- Class A misdemeanor drug possession — after 7 years
- Eligible felony convictions — after 7 years
- Eligible DUI/DWI felony — after 10 years
- Up to 4 drug possession convictions — additional allowance beyond standard limits
PERMANENTLY INELIGIBLE
- Capital felony convictions
- Felony DUI/DWI — permanently ineligible (different from eligible felony DUI)
- Registerable sex offenses (UCA § 77-41-102)
- Currently incarcerated, on probation, or on parole
- Pending criminal proceedings or active investigation
- Criminal protective order in effect for the case
- Unpaid fines, interest, or restitution
- Conviction limits exceeded (see below)
Conviction Limits — The Most Complex Part
Utah bars expungement if your total criminal history exceeds certain thresholds. These limits count your entire history from all states — not just Utah. You are ineligible if your record contains: 2 or more separate felony episodes (non-drug possession); 3 or more convictions including 2 or more Class A misdemeanors; 4 or more convictions including 3 or more Class B misdemeanor drug possessions; or 5 or more convictions total. Drug possession offenses have special rules — up to 4 may be expunged in addition to these limits.
The 10-year rule increases every limit by one. If at least 10 years have passed since your last case was closed, each of the conviction limits above increases by one. For example: normally 2 separate felonies bars eligibility — but after 10 years from your last case closing, the limit becomes 3. This gives people with older records significantly more options.
Waiting Periods
Waiting periods run from the last of: date of release from incarceration, date of discharge from probation or parole, or formal closing of the case. All fines, interest, and restitution must be paid before the clock starts.
Acquittal / dismissal with prejudice
Immediately
Arrest only — no charges filed
30 days
Dismissal without prejudice
180 days
Class C misdemeanor conviction
3 years
Class B misdemeanor conviction
4 years
Class A misdemeanor conviction (non-drug)
5 years
Eligible felony / Class A misdemeanor drug possession
7 years
Eligible DUI/DWI felony conviction
10 years
How to File — Petition-Based Process
Get your BCI Certificate of Eligibility first — before filing anything with the court. The Certificate of Eligibility from the Utah Bureau of Criminal Identification is required for all conviction petition expungements. It costs $65 per case and confirms you meet the statutory requirements. Don't pay court filing fees or file a petition until you have the Certificate in hand.
1
Check Clean Slate First
Log into My Court Case at
mycase.utah.gov to see if your case has already been automatically expunged under Clean Slate. Cases show as "expunged" if processed. Also check the BCI expungement status lookup at
bci.utah.gov. If your record is already cleared, no further action is needed.
2
Request Your BCI Criminal History
Request your Utah criminal history from the Bureau of Criminal Identification at
bci.utah.gov. Review every charge, disposition, and date. Remember — your eligibility is based on your total history from all states, not just Utah. If you have out-of-state convictions, factor those into your conviction count before applying.
3
Apply for a Certificate of Eligibility from BCI
Apply for your Certificate of Eligibility through BCI online at
bci.utah.gov/expungements. Pay the $65 fee per case. BCI reviews your complete criminal history and issues the Certificate confirming you meet the statutory requirements. The Certificate is required before you can file a petition with the court.
4
File a Petition with the Court
Download the Petition to Expunge Records forms from Utah Courts at
utcourts.gov. File the petition in the court that decided your criminal case, attaching your BCI Certificate of Eligibility. Choose the correct petition form matching your case type. Pay the court filing fee.
5
Prosecutor Review and Possible Hearing
The prosecutor reviews your petition and may object. If there is no objection and you meet all requirements, the court may grant the expungement without a hearing. If the prosecutor objects or the judge has concerns, a hearing is scheduled. The judge evaluates whether expungement is in the interests of justice and makes the final decision — even a BCI Certificate does not guarantee approval.
6
Order Issued — BCI Deletes Records
When the court grants expungement and signs the order, BCI completely deletes all information about the charge from publicly accessible records. Unlike many states that merely seal, Utah actually removes the record. Only 7 specifically designated agencies can access expunged records. You can legally respond to any inquiry as though the arrest or conviction never occurred.
Helpful Resources
FREE LEGAL HELP
Utah Legal Services
Free civil legal help for low-income Utahns — including expungement guidance and petition assistance statewide
utahlegalservices.org →
FREE LEGAL HELP
Utah State Bar — Lawyer Referral
Find a licensed Utah attorney for expungement help — especially valuable for felony cases or complex histories
utahbar.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
COURT RECORDS
Utah Courts — My Court Case
Look up your Utah court cases and check whether Clean Slate expungement has been applied
mycase.utah.gov →
CRIMINAL HISTORY
BCI — Criminal History Request
Request your Utah criminal history from BCI before filing — essential first step for any petition
bci.utah.gov →
Frequently Asked Questions
Was my record automatically expunged under Clean Slate? +
Utah's Clean Slate automatic expungement resumed on January 1, 2026 after a pause that ran from October 2024 through December 2025. During the pause, you had to file a specific form with the court. That requirement ended January 1, 2026 — courts now identify and expunge eligible cases on their own. Log into My Court Case at mycase.utah.gov to see if your case shows as expunged. You can also request a BCI expungement status lookup for $15. Clean Slate covers qualifying misdemeanor convictions, dismissals, and acquittals — not felonies.
How does Utah expungement compare to other states — is it actually deleted? +
Yes — Utah's expungement is stronger than most states. After the court issues an expungement order, the BCI completely removes all information about the charge from publicly accessible records. It is stored in a protected expungement file accessible only to 7 specifically designated agencies. Most states only seal records — meaning law enforcement can still access them. Utah's deletion approach means the record truly disappears from nearly all databases. You can answer any inquiry as though the arrest or conviction never occurred.
Why do out-of-state convictions count toward my Utah eligibility limits? +
Utah's eligibility limits are based on your total criminal history — not just Utah convictions. This is explicitly stated in the statute and enforced by BCI when reviewing your Certificate of Eligibility application. If you have felony convictions in another state, those count toward the two-felony limit. If you have misdemeanor convictions in multiple states, they all count. Request your full criminal history from all states before applying. Expunged Utah convictions also count toward the limits — they don't disappear from the eligibility calculation.
What is the 10-year rule and how does it help? +
If at least 10 years have passed since your last case was closed, every conviction limit increases by one. For example: normally having 2 separate felony episodes bars eligibility — but after 10 years from your last case closing, the limit increases to 3. If you have 1 felony and 3 Class B misdemeanors (normally hitting the 4-conviction limit), after 10 years the limit becomes 5 and you become eligible. This is a significant benefit for people with older criminal histories who previously couldn't qualify.
Can a felony be expunged in Utah? +
Yes — most non-violent felonies can be expunged after 7 years from sentence completion, provided you don't exceed the conviction limits. Capital felonies, felony DUI convictions, and registerable sex offenses are permanently ineligible. A single eligible felony conviction with no other felonies in your history and fewer than the misdemeanor limits is the most common qualifying scenario. For the petition-based process, you need a BCI Certificate of Eligibility and a court petition — Clean Slate does not cover felonies.
Do I need an attorney? +
Not required — Utah Courts provides detailed self-help guides and petition forms at utcourts.gov, and the BCI Certificate process is accessible online. For Clean Slate eligible cases, no attorney is needed at all. For petition-based expungements involving felonies, complex conviction histories, or cases where the prosecutor may object, working with a Utah attorney significantly improves your outcome. Utah Legal Services offers free help for those who qualify. The conviction limit analysis involving out-of-state records and the 10-year rule is complex enough that many people benefit from a brief attorney consultation.
After Your Record Is Expunged
After expungement in Utah, BCI completely deletes the charge from publicly accessible records. You can respond to any inquiry as though the arrest or conviction never occurred. Only 7 designated agencies can access expunged records — and only when specifically authorized.
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Employment
Expunged records are completely removed from publicly accessible BCI records and will not appear on standard background checks. You can legally deny the conviction on employment applications. Utah law (UCA § 77-40a-401) explicitly allows you to answer any inquiry about the expunged matter as though it did not occur. Note: BCI may use expunged records when evaluating concealed firearm permit applications for the limited purpose of determining danger to self or others.
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Background Check Databases
BCI deletes expunged records from public access immediately upon receiving the court order — stronger than most states. Private background check databases sourcing their own data may still show old records. Keep your expungement order and dispute any records that still appear. The deletion approach makes Utah expungements more thorough than states that only seal.
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The 7 Agencies That Can Still Access Records
Even after expungement, 7 specifically designated agencies can access expunged records under UCA § 77-40a-403(2). These include the Utah Commission on Criminal and Juvenile Justice (for judicial office applicants) and certain law enforcement entities. For most employment, housing, and licensing purposes these agencies are irrelevant — but if you are applying for judicial office or certain law enforcement positions, the records remain accessible.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney in your state before filing.
