What is Utah's Clean Slate law?

Utah's Clean Slate law (enacted 2019) automatically seals certain criminal records after waiting periods with no new offenses. The Bureau of Criminal Identification (BCI) handles the automatic sealing process. Infractions and Class C misdemeanors are sealed after 5 years, Class B misdemeanors after 6 years, and misdemeanor drug possession after 7 years. You do not need to file a petition — it happens automatically.

What records does Utah's Clean Slate NOT cover?

Utah's automatic sealing does NOT apply to: felonies (any class), DUI/DWI convictions, domestic violence offenses, sex offenses, offenses requiring sex offender registration, and Class A misdemeanors. For these offenses, you must pursue traditional expungement by petition if eligible.

Does Utah have ban-the-box?

No. Utah does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history on job applications and at any point during hiring. However, if your record has been sealed under Clean Slate or expunged, you can legally answer 'no' to criminal history questions regarding those sealed offenses.

Can I get a felony expunged in Utah?

Yes, some felonies can be expunged by petition in Utah under the Expungement Act (Utah Code § 77-40-101 et seq.). You must have completed your sentence (including probation and parole), waited the required period, and meet eligibility requirements. Not all felonies are eligible — certain serious offenses like capital felonies and first-degree felonies are excluded. The expungement process requires a petition to the court.

How do I know if my record has been automatically sealed?

You can check your criminal record status by requesting a background check on yourself through the Utah Bureau of Criminal Identification (BCI). If your record has been automatically sealed under Clean Slate, it will not appear in the results. The automatic sealing process runs on a regular basis, but there can be delays. If you believe your record should have been sealed and it has not been, you can contact BCI.

Can a Utah employer see my sealed record?

Standard public background checks will not show sealed records. However, sealed records remain available to law enforcement, certain government licensing agencies, and specific employer categories as defined by law (such as positions involving children or vulnerable adults). For most private-sector employment purposes, sealed records will not appear.

If my record is sealed, can I legally say I was never convicted?

Yes. Under Utah law, once a record has been sealed (either through Clean Slate or expungement by petition), you can legally answer 'no' when asked about criminal convictions on job applications and in interviews. The sealed conviction is treated as if it never occurred for most purposes.

Utah Background Check Laws

No state lookback limitLast updated: 2026-04-01

Utah has no state lookback limit for records that remain unsealed — convictions can appear on background checks indefinitely. However, Utah's Clean Slate law (2019) automatically seals certain misdemeanors and infractions after 5-7 years. There is no ban-the-box law. Expungement by petition is also available for additional offenses.

Overview

Utah does not impose a state-level time limit on how far back employers can look at criminal convictions that remain on the record. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Utah has no lookback limit that overrides this default. However, Utah has one of the most important protections in the country: a Clean Slate law. Utah was the second state in the nation (after Pennsylvania) to pass a Clean Slate law, enacted in 2019. Under this law, the Bureau of Criminal Identification (BCI) automatically seals certain criminal records after specified waiting periods with no new offenses. Infractions and Class C misdemeanors are auto-sealed after 5 years, Class B misdemeanors after 6 years, and misdemeanor drug possession convictions after 7 years. Once sealed, these records do not appear on standard background checks. Utah does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history at any point in the hiring process. However, because of the Clean Slate law, many older minor offenses will already be sealed by the time an employer runs a background check.

How Far Back Does a Background Check Go in Utah?

Record Type	Rule in Utah
Felony Convictions	Reported indefinitely if not sealed or expunged. Felonies are NOT eligible for automatic Clean Slate sealing but may be eligible for expungement by petition.
Misdemeanor Convictions	If eligible under Clean Slate: auto-sealed after 5 years (Class C), 6 years (Class B), or 7 years (drug possession misdemeanors). If not eligible or not yet sealed, reported indefinitely.
All Convictions	No state lookback limit for unsealed records. Convictions can be reported indefinitely under FCRA defaults. However, Utah's Clean Slate law automatically seals many minor offenses after waiting periods, effectively removing them from background checks.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Acquittals and dismissed charges can be expunged by petition in Utah.
Pending Cases	Pending charges can be reported and considered by employers. Utah does not restrict reporting of pending criminal cases.

Ban the Box / Fair Chance

No statewide law

Utah does not have a ban-the-box law at the state level for either public or private employers. Employers can ask about criminal history on job applications and at any stage of the hiring process. However, the Clean Slate law reduces the practical impact because many minor offenses are automatically sealed and will not appear on background checks.

Clean Slate / Auto-Sealing

Yes — automatic sealing

Utah enacted its Clean Slate law in 2019, becoming the second state (after Pennsylvania) to pass such legislation. The Bureau of Criminal Identification (BCI) automatically seals eligible records after specified waiting periods with no new criminal activity: infractions after 5 years, Class C misdemeanors after 5 years, Class B misdemeanors after 6 years, and misdemeanor drug possession convictions after 7 years. Auto-sealing does not apply to felonies, DUI, domestic violence, sex offenses, or registrable offenses. Once sealed, records do not appear on standard public background checks but remain available to law enforcement. Expungement by petition remains available for additional offenses not covered by automatic sealing.

Effective: 2019-05-14

What Employers Can Do in Utah

When can employers ask about criminal history?: Utah employers — both public and private — can ask about criminal history at any point in the hiring process, including on the initial job application. There are no state restrictions on timing. However, if a record has been sealed under Clean Slate or expunged, the applicant is not required to disclose it.
What can they consider?: Utah employers can consider any unsealed conviction regardless of age or relevance to the job. There is no state law requiring individualized assessment. Applicants whose records have been sealed under Clean Slate can legally answer 'no' when asked if they have been convicted of a crime, for sealed offenses. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Utah

Utah Clean Slate Law (Utah Code § 77-40a)(2019)
Provides for automatic sealing of eligible criminal records after specified waiting periods. Infractions: 5 years. Class C misdemeanors: 5 years. Class B misdemeanors: 6 years. Misdemeanor drug possession: 7 years. The Bureau of Criminal Identification processes automatic sealing. Does not cover felonies, DUI, domestic violence, or sex offenses.
Utah Expungement Act (Utah Code § 77-40-101 et seq.)
Provides for expungement by petition for convictions not covered by automatic Clean Slate sealing, including certain felonies. Requires completion of sentence, waiting periods, and eligibility determination. Expunged records are sealed from public view.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Utah's Clean Slate law effectively removes many records from the pool that CRAs can report.

Frequently Asked Questions — Utah

How far back does a background check go in Utah?: For records that remain on file, Utah has no state lookback limit — convictions can appear on background checks indefinitely. However, Utah's Clean Slate law automatically seals many misdemeanors and infractions after 5-7 years, so older minor offenses may not appear at all. Felonies that have not been expunged by petition will appear indefinitely.
What is Utah's Clean Slate law?: Utah's Clean Slate law (enacted 2019) automatically seals certain criminal records after waiting periods with no new offenses. The Bureau of Criminal Identification (BCI) handles the automatic sealing process. Infractions and Class C misdemeanors are sealed after 5 years, Class B misdemeanors after 6 years, and misdemeanor drug possession after 7 years. You do not need to file a petition — it happens automatically.
What records does Utah's Clean Slate NOT cover?: Utah's automatic sealing does NOT apply to: felonies (any class), DUI/DWI convictions, domestic violence offenses, sex offenses, offenses requiring sex offender registration, and Class A misdemeanors. For these offenses, you must pursue traditional expungement by petition if eligible.
Does Utah have ban-the-box?: No. Utah does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history on job applications and at any point during hiring. However, if your record has been sealed under Clean Slate or expunged, you can legally answer 'no' to criminal history questions regarding those sealed offenses.
Can I get a felony expunged in Utah?: Yes, some felonies can be expunged by petition in Utah under the Expungement Act (Utah Code § 77-40-101 et seq.). You must have completed your sentence (including probation and parole), waited the required period, and meet eligibility requirements. Not all felonies are eligible — certain serious offenses like capital felonies and first-degree felonies are excluded. The expungement process requires a petition to the court.
How do I know if my record has been automatically sealed?: You can check your criminal record status by requesting a background check on yourself through the Utah Bureau of Criminal Identification (BCI). If your record has been automatically sealed under Clean Slate, it will not appear in the results. The automatic sealing process runs on a regular basis, but there can be delays. If you believe your record should have been sealed and it has not been, you can contact BCI.
Can a Utah employer see my sealed record?: Standard public background checks will not show sealed records. However, sealed records remain available to law enforcement, certain government licensing agencies, and specific employer categories as defined by law (such as positions involving children or vulnerable adults). For most private-sector employment purposes, sealed records will not appear.
If my record is sealed, can I legally say I was never convicted?: Yes. Under Utah law, once a record has been sealed (either through Clean Slate or expungement by petition), you can legally answer 'no' when asked about criminal convictions on job applications and in interviews. The sealed conviction is treated as if it never occurred for most purposes.

Utah Resources

Utah Bureau of Criminal Identification (BCI) — Criminal Records
The state agency that processes Clean Slate automatic sealing and maintains criminal history records. You can request your own criminal history record here.
Utah Courts — Expungement Information
Official information about the expungement petition process in Utah, including forms, eligibility, and instructions.
Utah Legal Services
Provides free legal assistance to low-income Utahns, including help with expungement petitions.
Utah Department of Workforce Services — Reentry
Employment resources and workforce programs for people with criminal records in Utah.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Utah for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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