Expunging a Criminal Record in Utah (2026)
Reviewed by DocDraft Legal Team · Utah · Last updated August 19, 2026
There is no general federal expungement of a state conviction, so clearing a Utah record runs through Utah's own Expungement Act, Utah Code Title 77 Chapter 40a. Utah calls this relief expungement, and it comes in two tracks. Under the petition track you must first obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI), then file a Petition to Expunge in the district court where the case was heard. Utah was the first state to launch automatic Clean Slate expungement under Utah Code 77-40a-201, so many eligible misdemeanors and non-convictions are cleared by the courts and BCI with no petition. Violent, sex, and DUI offenses and serious felonies are excluded from both tracks.
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What are you trying to clear?
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What record-clearing relief does Utah offer and what is it called?
Utah calls its relief expungement, governed by the Expungement Act, Utah Code Title 77 Chapter 40a. An expungement seals the record from public view and lets you answer that the arrest or conviction did not occur in most situations. Utah offers both a petition track and an automatic Clean Slate track.
What is eligible and how long is the waiting period to expunge a record in Utah?
Utah's petition waiting periods run from case closure under Utah Code 77-40a-303: about 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony, and 10 years for a DUI or traffic-related offense.
Can you expunge a felony conviction in Utah?
Sometimes. Under Utah Code 77-40a-303 an eligible felony can be expunged by petition after a 7 year waiting period from case closure, and after you obtain a BCI Certificate of Eligibility. Capital, first-degree, violent, and registrable sex offenses are excluded and cannot be expunged in Utah.
Does Utah have automatic Clean Slate expungement without a petition?
Yes. Utah was the first state to launch automatic Clean Slate expungement, effective 2022 under Utah Code 77-40a-201. The courts and BCI automatically expunge eligible non-convictions and many misdemeanors with no petition and no fee. Violent, sex, weapons, and DUI offenses are excluded from the automatic track.
Utah's Clean Slate Automatic Expungement, the BCI Certificate of Eligibility, and Petition Waits
Utah clears records through the Expungement Act, Utah Code Title 77 Chapter 40a, and runs two tracks. On the petition track you first apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, the state's gatekeeping step; BCI investigates your full criminal history and can take several months. Waiting periods under Utah Code 77-40a-303 run from case closure, meaning the sentence, probation or parole, and all fines and restitution are complete: roughly 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony or a class A drug-possession conviction, and 10 years for a DUI or other traffic-related offense. Once BCI issues the certificate you have 180 days to file it with a Petition to Expunge in the district court where the case was heard; the prosecutor and any victim receive notice. Utah was the first state to implement automatic Clean Slate expungement under Utah Code 77-40a-201, effective 2022, so the courts identify eligible acquittals, dismissals with prejudice, and many minor misdemeanors and expunge them without a petition or fee. Both tracks exclude serious offenses: capital and first-degree felonies, violent felonies, registrable sex offenses, offenses against the person, weapons offenses, and DUIs are not eligible. Expungement seals the record rather than destroying it, so courts, licensing agencies, and immigration authorities may still access it in defined circumstances.
Relevant Laws
Utah Expungement Act (Utah Code Title 77 Chapter 40a)
Utah's expungement statute, renumbered in 2023 from the former Title 77 Chapter 40. It defines expungement, sets the two tracks of relief (petition and automatic), and governs the Certificate of Eligibility and the district court petition process.
Automatic Clean Slate Expungement (Utah Code 77-40a-201)
Establishes Utah's automatic expungement procedure, effective 2022. Utah was the first state to launch Clean Slate; the courts and BCI expunge eligible non-convictions and many misdemeanors without a petition or fee. Violent, sex, weapons, and DUI offenses are excluded.
Eligibility and Waiting Periods (Utah Code 77-40a-303)
Sets the petition-track waiting periods from case closure: roughly 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony, and 10 years for a DUI or traffic offense. Serious felonies and sex offenses are excluded.
No General Federal Expungement of a Utah Conviction
There is no general federal statute that expunges a state conviction. Clearing a Utah record is governed entirely by Utah's Expungement Act, so the Certificate of Eligibility, waiting periods, and district court petition are the operative path for a state offense.
Regional Variances
Utah Expungement Eligibility Table
Relief type and name
Utah calls its relief expungement under the Expungement Act, Utah Code Title 77 Chapter 40a. It seals the record from public view rather than destroying it. Two tracks exist: a petition track requiring a BCI Certificate of Eligibility, and the automatic Clean Slate track under Utah Code 77-40a-201.
Certificate of Eligibility and petition waiting periods
The petition track requires a Certificate of Eligibility from the Utah Bureau of Criminal Identification, then a Petition to Expunge in the district court. Waiting periods from case closure under Utah Code 77-40a-303: about 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony, and 10 years for a DUI or traffic offense.
Automatic Clean Slate expungement
Utah was the first state to implement automatic Clean Slate expungement, effective 2022 under Utah Code 77-40a-201. The courts identify eligible acquittals, dismissals with prejudice, and many minor misdemeanors and expunge them without a petition or fee, subject to conviction limits and paid restitution.
Excluded offenses
Both tracks exclude serious offenses. Capital and first-degree felonies, violent felonies, offenses against the person, registrable sex offenses, weapons offenses, and DUIs are not eligible for automatic expungement, and the most serious of these cannot be expunged by petition either. Confirm any specific offense with BCI before applying.
Clean-slate status: yes
Utah is a clean-slate state. Automatic expungement under Utah Code 77-40a-201 has been in effect since 2022, making Utah the first state in the country to clear eligible records without requiring the individual to file or pay. The petition track under Utah Code 77-40a-303 remains available for records the automatic system does not reach.
Suggested Compliance Checklist
Confirm your offense class, waiting period, and eligibility
Before you apply to BCI days after startingCheck your offense against Utah Code 77-40a-303 and confirm the waiting period from case closure has passed: about 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony, and 10 years for a DUI. Verify the offense is not an excluded serious felony or sex offense.
Check whether Clean Slate already cleared the record
Before paying any fee days after startingRequest your Utah criminal history from the Bureau of Criminal Identification to see what automatic Clean Slate expungement under Utah Code 77-40a-201 has already cleared. If your record was expunged automatically, you may not need a petition at all, which saves both the BCI certificate fee and the district court filing fee.
Apply for and obtain the BCI Certificate of Eligibility
Allow several months before filing days after startingApply to the Utah Bureau of Criminal Identification for the Certificate of Eligibility, the required gatekeeping step for the petition track. BCI investigates your statewide history and can take several months. Note that you must file the certificate with the court within 180 days of the date BCI issues it.
Prepare and file the Petition to Expunge in the district court
Within 180 days of the certificate date days after startingComplete the Petition to Expunge Records using the Utah State Courts self-help forms and file it with the Certificate of Eligibility in the district court where the case was heard. Pay the filing fee or request a fee waiver, and prepare notice to the prosecutor and any victim as Utah Code 77-40a-304 requires.
Deliver the signed order to BCI and confirm the record is sealed
After the judge signs the order days after startingOnce the court grants expungement, deliver certified copies of the order to the Bureau of Criminal Identification and to every agency holding the record so each can seal its files. Keep a copy as proof. An attorney can help if the prosecutor or a victim objects, or if the offense sits near an eligibility boundary.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your offense class, waiting period, and eligibility | Check your offense against Utah Code 77-40a-303 and confirm the waiting period from case closure has passed: about 5 years for a class C misdemeanor or infraction, 6 years for a class B misdemeanor, 5 years for a class A misdemeanor, 7 years for an eligible felony, and 10 years for a DUI. Verify the offense is not an excluded serious felony or sex offense. | - | Before you apply to BCI |
| Check whether Clean Slate already cleared the record | Request your Utah criminal history from the Bureau of Criminal Identification to see what automatic Clean Slate expungement under Utah Code 77-40a-201 has already cleared. If your record was expunged automatically, you may not need a petition at all, which saves both the BCI certificate fee and the district court filing fee. | - | Before paying any fee |
| Apply for and obtain the BCI Certificate of Eligibility | Apply to the Utah Bureau of Criminal Identification for the Certificate of Eligibility, the required gatekeeping step for the petition track. BCI investigates your statewide history and can take several months. Note that you must file the certificate with the court within 180 days of the date BCI issues it. | - | Allow several months before filing |
| Prepare and file the Petition to Expunge in the district court | Complete the Petition to Expunge Records using the Utah State Courts self-help forms and file it with the Certificate of Eligibility in the district court where the case was heard. Pay the filing fee or request a fee waiver, and prepare notice to the prosecutor and any victim as Utah Code 77-40a-304 requires. | - | Within 180 days of the certificate date |
| Deliver the signed order to BCI and confirm the record is sealed | Once the court grants expungement, deliver certified copies of the order to the Bureau of Criminal Identification and to every agency holding the record so each can seal its files. Keep a copy as proof. An attorney can help if the prosecutor or a victim objects, or if the offense sits near an eligibility boundary. | - | After the judge signs the order |
Frequently Asked Questions
Two costs apply on the petition track in Utah. The Utah Bureau of Criminal Identification charges a fee to issue the Certificate of Eligibility, and the district court charges a separate filing fee for the Petition to Expunge. If you cannot afford the court fee you can ask the court for a fee waiver. Automatic Clean Slate expungement under Utah Code 77-40a-201 carries no fee.
Plan for several months. The Utah Bureau of Criminal Identification can take a few months to investigate and issue the Certificate of Eligibility, and you then have 180 days to file it with the district court. After filing, the court allows time for prosecutor and victim notice and any objection before a judge signs the order, so the full petition process often runs several months to about a year in Utah.
Sometimes. A Utah expungement seals the record from public view rather than destroying it, so most employers and the general public will not see it. But defined agencies can still access an expunged record, including law enforcement, the courts in a later case, and certain licensing bodies. Immigration authorities may also see the record, so a sealed record is not a full erasure.
In most situations, yes. Once a Utah court expunges a conviction, you may generally answer that the arrest or conviction did not occur, including on most job applications. There are exceptions: you must disclose it when applying to certain licensing or law-enforcement positions and in some court proceedings. When in doubt about a specific application, an attorney can help you answer correctly.
Not through the automatic Clean Slate track, which excludes DUIs. On the petition track, a DUI or traffic-related conviction carries a 10 year waiting period from case closure under Utah Code 77-40a-303 before you can seek expungement, and a felony DUI is not eligible at all. Because the DUI rules are narrow, confirm your specific conviction with BCI before you apply.
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