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Utah Clean Slate Law: Automatic Expungement (2026)

Utah Clean Slate law: H.B. 431, Expungement Act Amendments (2019 General Session, Laws of Utah 2019 ch. 448), now codified as automatic expungement in Utah Code Title 77, Chapter 40a, Part 2 (§§ 77-40a-201 to 77-40a-207)

Last updated: (official sources checked)Operating

Quick Answer

Utah's courts automatically expunge eligible cases every month. Since January 1, 2026 no form or request is needed. Covered: class C misdemeanors and infractions 5 years after the conviction, class B misdemeanors after 6 years, misdemeanor drug possession after 6–7 years, eligible dismissals after the same waits, and acquittals or dismissals with prejudice after 60–180 days.

Felonies and most class A misdemeanors are never expunged automatically, and DUI, domestic violence, assault and other offenses against a person, weapons offenses and registrable offenses are excluded. Unpaid court debt, a pending case, or a prosecutor's objection can also stop it. For anything not covered, you can petition after getting a certificate of eligibility from the Bureau of Criminal Identification.

Is it operating yet?

As of October 12, 2026: since January 1, 2026, the statute has required courts to automatically expunge cases they identify as eligible, without any form or request. Under Rule 42, the Administrative Office of the Courts identifies eligible cases once a month. Prosecutors get monthly notice of apparent Clean Slate cases and have 35 days to e-file an objection. Cases without a valid objection then receive expungement orders. Processing goals are set "within available funding," and BCI says it cannot give a specific removal date. From October 1, 2024 through January 1, 2026, BCI reported that the courts paused batch Clean Slate processing and acted only on form requests. BCI's Clean Slate page still describes that form period.

Sources: Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204(3); § 77-40a-204(4); § 77-40a-204(1)(a)); Utah Rules of Criminal Procedure, Rule 42 (Expungement) — Utah State Courts (Rule 42(b)(1)(B); Rule 42(b)(3)(A); Rule 42(b)(4)(A)); Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(4)); Utah Dept. of Public Safety, Bureau of Criminal Identification — Auto Expungement/Clean Slate Expungement (General Information; Request for Automatic Expungement)

The law

Enacted as H.B. 431, Expungement Act Amendments (2019 General Session; Laws of Utah 2019, ch. 448). The governor signed it March 28, 2019, and it took effect May 1, 2020. The Utah Courts announced that automatic expungement officially began February 10, 2022. The automatic-expungement provisions are now in Utah Code § 77-40a-201 and following. Section 77-40a-204, enacted by Laws of Utah 2024, ch. 180 and effective October 1, 2024, set two phases. From October 1, 2024 through December 31, 2025, a person had to submit a court form to get an automatic expungement. On and after January 1, 2026, courts must automatically expunge cases they identify as eligible. The current version of § 77-40a-205 took effect May 6, 2026 (amended by Laws of Utah 2026, ch. 362).

Sources: H.B. 431, Expungement Act Amendments (2019 General Session), enrolled copy — Utah Legislature (Long title, highlighted provisions); H.B. 431 (2019 General Session) bill status page — Utah Legislature (Bill status); Utah State Courts press release, Feb. 10, 2022 — Clean Slate law goes into effect (Press release, para. 1); Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204 effective-date banner; § 77-40a-204(4)(d) and history note; § 77-40a-204(1)(a); § 77-40a-204(3)); Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205 effective-date banner; § 77-40a-205(8)(b) and history note)

What automatic expungement does

Automatic expungement. The court issues an expungement order without a petition, and the court and BCI expunge their records of the case. Expungement means sealing or restricting access, not destruction. BCI forwards the order to the FBI. Other agencies, such as police or prosecutors, are not required to expunge their records of an automatically expunged case. After an expungement order, the person may generally answer inquiries as though the arrest or conviction did not occur.

Sources: Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204 heading); Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205 heading and (1)); Utah Code § 77-40a-206 (Automatic expungement, acquittal or dismissal with prejudice) — Utah Legislature (§ 77-40a-206 heading); Utah Code § 77-40a-207 (Automatic expungement by the bureau), eff. 5/7/2025 — Utah Legislature (§ 77-40a-207(1)); Utah Code § 77-40a-202 (Automatic deletion for traffic offense) — Utah Legislature (§ 77-40a-202(1)); Utah Code § 77-40a-101 (Definitions), eff. 7/1/2026 — Utah Legislature (§ 77-40a-101(8)); Utah Rules of Criminal Procedure, Rule 42 (Expungement) — Utah State Courts (Rule 42(b)(1)(B))

Records covered and waiting periods

Class C misdemeanor and infraction convictions

Waiting period
At least 5 years after the day of adjudication
Conditions
Every conviction in the case must be a class B or C misdemeanor, misdemeanor drug possession, or infraction. All other Clean Slate conditions must also be met: conviction-count limits, no pending case, not in state prison or on AP&P-supervised probation or parole, case debt satisfied, and no prosecutor objection.

Source: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(2)(a); § 77-40a-205(3)(a); § 77-40a-205(3)(b); § 77-40a-205(3)(c); +2 more)

Class B misdemeanor convictions (not excluded offense types)

Waiting period
At least 6 years after the day of adjudication
Conditions
Same case-wide and record conditions. Class B offenses against the person (including assault), weapons, DUI/reckless driving, domestic violence, sexual battery, and lewdness offenses are excluded.

Sources: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(2)(a); § 77-40a-205(3)(f)(ii)-(iv); § 77-40a-205(3)(f)(vi)-(viii)); Utah State Courts press release, Feb. 10, 2022 — Clean Slate law goes into effect (Press release, coverage paragraph)

Misdemeanor drug possession convictions (§ 76-18-207 or prior equivalent)

Waiting period
At least 7 years after adjudication for class A possession (6 years if class B)
Conditions
Class A possession is the only class A misdemeanor covered. Felony possession is excluded.

Source: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(2)(a)(i)(A); § 77-40a-205(2)(a)(ii)(C); § 77-40a-205(3)(f)(x))

Cases dismissed without prejudice or after a successful plea in abeyance (misdemeanor-level charges)

Waiting period
5 years after dismissal (class C/infraction charges), 6 years (class B), 7 years (class A drug possession)
Conditions
Each charge in the case must be one of the covered offense types. The same exclusions and conditions apply.

Source: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(2)(b)(i); § 77-40a-205(2)(b)(iii); § 77-40a-205(3)(f)(i))

Acquittals on all charges and dismissals with prejudice

Waiting period
At least 60 days after acquittal; at least 180 days after dismissal with prejudice (or after a final nonappealable order)
Conditions
Excludes an acquittal by reason of insanity and a with-prejudice dismissal after a plea in abeyance.

Source: Utah Code § 77-40a-206 (Automatic expungement, acquittal or dismissal with prejudice) — Utah Legislature (§ 77-40a-206(2); § 77-40a-206(3))

Traffic-offense-only cases (automatic deletion)

Waiting period
Acquittal or dismissal with prejudice: no fixed wait. Conviction: 5 years (class C/infraction) or 6 years (class B) after adjudication
Conditions
Every offense in the case must be a traffic offense. DUI and reckless driving are not traffic offenses.

Sources: Utah Code § 77-40a-202 (Automatic deletion for traffic offense) — Utah Legislature (§ 77-40a-202(1); § 77-40a-202(1)(a)-(c); § 77-40a-202(1)(c); § 77-40a-202(2)); Utah Code § 77-40a-101 (Definitions), eff. 7/1/2026 — Utah Legislature (§ 77-40a-101(24)(b)(i))

Not cleared automatically

How to check whether your record was cleared

Who can still see a cleared record

If automatic relief does not cover your record

If automatic expungement has not happened or the case is not covered, you can still petition. You first apply to BCI for a certificate of eligibility ($65 application fee, plus a $65 issuance fee per conviction case). The certificate is valid for 180 days. You then file a petition in the court where the case was filed. The prosecutor has 35 days to respond. If no objection is received within 60 days of filing, the court may grant it without a hearing.

Sources: Utah Code § 77-40a-201 (General provisions for automatic expungement and deletion) — Utah Legislature (§ 77-40a-201(1)); Utah Code § 77-40a-301 (Application for certificate of eligibility) — Utah Legislature (§ 77-40a-301(1)(a)); Utah Code § 77-40a-304 (Certificate of eligibility process; fees) — Utah Legislature (§ 77-40a-304(2)(b)(i)); Utah Code § 77-40a-305 (Petition for expungement; hearing), eff. 5/7/2025 — Utah Legislature (§ 77-40a-305(1)(d); § 77-40a-305(7)(a); § 77-40a-305(11)); Utah Dept. of Public Safety, Bureau of Criminal Identification — Expungements FAQ (How much does it cost?)

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Official links

Frequently Asked Questions

Do I still need to file the automatic-expungement request form?
No form is required under current law. The form requirement applied only from October 1, 2024 through December 31, 2025. On and after January 1, 2026, courts must automatically expunge cases they identify as eligible.

Source: Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204(1)(a); § 77-40a-204(3))

Which convictions can Clean Slate clear automatically?
Only class B and C misdemeanors, infractions, and misdemeanor drug possession. Every conviction in the case must be one of these. The waits are 5 years for class C and infractions, 6 years for class B, and 7 years for class A drug possession, counted from adjudication. Felonies and other class A misdemeanors are not covered.

Source: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(2)(a); § 77-40a-205(2)(a)(ii)(C); § 77-40a-205(3)(f)(x))

Can the prosecutor stop an automatic expungement?
Yes. Prosecutors get monthly notice of apparently eligible cases. They can object within 35 days if they believe the case is ineligible, restitution is unpaid, or they reasonably believe there is continuing criminal activity. A timely objection stops the automatic expungement. You can still file a petition.

Sources: Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(4); § 77-40a-205(5)(b)-(c); § 77-40a-205(6)); Utah Code § 77-40a-201 (General provisions for automatic expungement and deletion) — Utah Legislature (§ 77-40a-201(1))

How long does automatic expungement take?
No guaranteed deadline exists. Courts must make reasonable efforts "within available funding." The goals are about 60 days after an acquittal, 180 days after a dismissal with prejudice, and 30 days after the court finds the requirements met for post–May 1, 2020 Clean Slate cases. For older cases the goal is within one year of identification. BCI says it cannot give a specific removal date.

Sources: Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204(4); § 77-40a-204(4)(a); § 77-40a-204(4)(b); § 77-40a-204(4)(c); +1 more); Utah Dept. of Public Safety, Bureau of Criminal Identification — Auto Expungement/Clean Slate Expungement (General Information)

My case looks eligible but was not expunged. What can I do?
You may file a petition for expungement if an automatic expungement has not occurred. There is no claim for damages if the court fails to identify or expunge an eligible case. You can confirm what has been expunged by requesting BCI's $15 letter.

Sources: Utah Code § 77-40a-201 (General provisions for automatic expungement and deletion) — Utah Legislature (§ 77-40a-201(1); § 77-40a-201(4)); Utah Dept. of Public Safety, Bureau of Criminal Identification — Auto Expungement/Clean Slate Expungement (General Information)

Does automatic expungement erase the record everywhere?
No. The court and BCI expunge their records, and BCI forwards the order to the FBI. Other agencies are not required to expunge records of an automatically expunged case. Expungement seals or restricts access; it does not destroy records, and some agencies can still see them.

Sources: Utah Code § 77-40a-207 (Automatic expungement by the bureau), eff. 5/7/2025 — Utah Legislature (§ 77-40a-207(3); § 77-40a-207(4)); Utah Code § 77-40a-101 (Definitions), eff. 7/1/2026 — Utah Legislature (§ 77-40a-101(16)); Utah Code § 77-40a-403 (Release and use of expunged records), eff. 7/1/2026 — Utah Legislature (§ 77-40a-403(2)(a)-(d))

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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