Utah (UT) — Expungement & Record Clearing

Remedy

Automatic expungement for acquittals and dismissals with prejudice (Utah Code § 77-40a-206); petition-based expungement with a BCI certificate of eligibility (§§ 77-40a-302, 77-40a-305); motion to remove the name link from a dismissed case in public court searches (§ 77-40a-105)

Waiting period

Automatic: at least 60 days after an acquittal on all charges, or at least 180 days after a dismissal with prejudice (or after a final nonappealable order if there was an appeal). Petition: at least 30 days after the arrest or charge. For a dismissal without prejudice, the prosecutor must also consent in writing or 180 days must pass after the dismissal.

Two kinds of cases can be expunged automatically: an acquittal on all charges and a dismissal with prejudice. Since January 1, 2026, the court is supposed to do this on its own once it identifies the case as eligible. Other non-conviction records can be cleared by petition with a BCI certificate of eligibility. That includes no charges filed after screening, a dismissal without prejudice, or an expired statute of limitations. BCI does not charge the certificate issuance fee for these, except when the dismissal followed a plea in abeyance or diversion. A misdemeanor-level dismissal without prejudice or plea-in-abeyance dismissal can also qualify for automatic Clean Slate expungement after 5–7 years.

• ✗An acquittal by reason of insanity is not eligible for automatic expungement
• ✗A dismissal with prejudice after a plea in abeyance does not use the 60/180-day automatic route
• ✗Petition route is unavailable while a misdemeanor or felony case is pending (traffic cases excepted)
• ✗Petition route is unavailable while incarcerated, on parole, or on probation (except for infractions, traffic or minor regulatory offenses)
• ✗Petition route is unavailable while a criminal protective order or criminal stalking injunction is in effect for the case
• ✗Removing the name link from a dismissed case is not available if any charge was a domestic violence offense

Sources: Utah Code § 77-40a-206 (Automatic expungement, acquittal or dismissal with prejudice) — Utah Legislature (§ 77-40a-206(2); § 77-40a-206(3)); Utah Code § 77-40a-204 (Request for automatic expungement; automatic expungement on and after January 1, 2026) — Utah Legislature (§ 77-40a-204(3)); Utah Code § 77-40a-302 (Certificate of eligibility: arrest, investigation, detention) — Utah Legislature (§ 77-40a-302(1)(a)(i); § 77-40a-302(1)(b)(i)-(ii); § 77-40a-302(1)(b)(iii)-(iv); § 77-40a-302(2)(a); +2 more); 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)); Utah Code § 77-40a-105 (Removing link to personal identifying information, dismissed case) — Utah Legislature (§ 77-40a-105(2)(a); § 77-40a-105(2)(b)(ii)-(iii)); Utah Code § 77-40a-304 (Certificate of eligibility process; fees) — Utah Legislature (§ 77-40a-304(3)(a))

Remedy

Petition for expungement with a BCI certificate of eligibility (Utah Code §§ 77-40a-303, 77-40a-305, 77-40a-306); automatic Clean Slate expungement for qualifying class B and C misdemeanors and infractions (§ 77-40a-205)

Waiting period

Petition: 5 years for a class A misdemeanor, 4 years for class B, 3 years for class C or an infraction. Each period runs from the conviction or release from incarceration, parole, or probation, whichever was last. Automatic (Clean Slate): 6 years after adjudication for class B, 5 years for class C or an infraction.

Most misdemeanor convictions can be expunged by petition after a waiting period. The petitioner must have paid all court-ordered fines, interest and restitution and must stay under the statutory limits on the number of convictions. The court must find by clear and convincing evidence that the requirements are met and that granting it would not harm the public interest. Clean Slate expunges qualifying class B and class C misdemeanors and infractions automatically after 6 and 5 years. Class A misdemeanors (other than drug possession), DUI, assault and other offenses against the person, domestic violence, and weapons offenses are not automatic.

• ✗Too many convictions in separate criminal episodes, e.g., 3+ convictions including two class A misdemeanors, 4+ including three class B misdemeanors, or 5+ of any degree (drug possession counted separately)
• ✗Unpaid court-ordered fines, interest or restitution
• ✗Pending misdemeanor or felony case, or currently incarcerated, on parole or on probation (with limited exceptions)
• ✗A civil or criminal protective order or criminal stalking injunction in effect against the petitioner
• ✗Automatic route excludes class A misdemeanors other than drug possession, Title 76 Chapter 5 offenses against the person, weapons offenses, sexual battery, lewdness, DUI/reckless driving, and domestic violence offenses

Sources: Utah Code § 77-40a-303 (Certificate of eligibility: conviction), eff. 5/6/2026 — Utah Legislature (§ 77-40a-303(1)(c)(v)-(vii); § 77-40a-303(1)(c); § 77-40a-303(1)(a)-(b); § 77-40a-303(4)(b); +4 more); Utah Code § 77-40a-306 (Order of expungement), eff. 5/7/2025 — Utah Legislature (§ 77-40a-306(1); § 77-40a-306(1)(f)); 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)(x); § 77-40a-205(3)(f)(ii)-(iv); § 77-40a-205(3)(f)(vi)-(viii))

Remedy

Petition for expungement with a BCI certificate of eligibility (Utah Code §§ 77-40a-303, 77-40a-305, 77-40a-306); no automatic relief

Waiting period

7 years from conviction or release from incarceration, parole, or probation (whichever was last); 5 years for a felony drug possession offense; 10 years for a felony of driving with a controlled substance in the body causing serious bodily injury or death (as codified before May 4, 2022).

Many second- and third-degree felony convictions can be expunged by petition after 7 years, or 5 years for a felony drug possession offense. Some felonies can never be expunged this way: capital and first-degree felonies, felony convictions for violent felonies as defined in § 76-3-203.5(1)(c)(i), felony DUI-type convictions, and offenses requiring sex, kidnap, or child-abuse registry registration. Two or more non-drug felony convictions in separate criminal episodes also bar eligibility. That limit goes up by one once 10 years have passed since the last conviction or release. Clean Slate never covers felonies.

• ✗Capital felonies
• ✗First-degree felonies
• ✗Felony convictions of a violent felony as defined in § 76-3-203.5(1)(c)(i)
• ✗Felony convictions described in § 41-6a-501(2) (felony DUI-type offenses, including automobile homicide)
• ✗Offenses requiring registration on the sex, kidnap, or child abuse offender registry. This bar does not apply to a qualifying sexual offense committed at age 14–17 unless the person was convicted in district court as an adult
• ✗Two or more non-drug-possession felony convictions in separate criminal episodes (three or more once the 10-year rule applies)
• ✗Not eligible for automatic Clean Slate expungement

Sources: Utah Code § 77-40a-303 (Certificate of eligibility: conviction), eff. 5/6/2026 — Utah Legislature (§ 77-40a-303(1)(c)(iii)-(iv); § 77-40a-303(1)(c)(i)-(ii); § 77-40a-303(1)(c); § 77-40a-303(2)(a)(i)-(iv); +4 more); Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(3)(f)(x)); Utah Code § 77-40a-306 (Order of expungement), eff. 5/7/2025 — Utah Legislature (§ 77-40a-306(1)(f))

Remedy

Petition for expungement with a BCI certificate of eligibility (Utah Code § 77-40a-303) for misdemeanor DUI-type convictions; no automatic relief

Waiting period

10 years from conviction or release from incarceration, parole, or probation (whichever was last) for a misdemeanor conviction described in § 41-6a-501(2).

A misdemeanor DUI-type conviction (a conviction described in § 41-6a-501(2), such as DUI, impaired driving, or driving with a measurable controlled substance) can be expunged by petition after 10 years. Felony convictions of that type, including automobile homicide, cannot be expunged by petition. DUI and reckless driving are excluded from automatic Clean Slate expungement. They are also not "traffic offenses" for automatic deletion, and BCI states that DUI is not considered a traffic offense.

• ✗Felony convictions described in § 41-6a-501(2), which include automobile homicide (§ 76-5-207)
• ✗Excluded from automatic Clean Slate expungement (Title 41, Chapter 6a, Part 5 offenses)
• ✗Not a traffic offense, so not eligible for automatic traffic-case deletion
• ✗A DUI plea held in abeyance before July 1, 2008 counts as a conviction for expungement purposes

Sources: Utah Code § 77-40a-303 (Certificate of eligibility: conviction), eff. 5/6/2026 — Utah Legislature (§ 77-40a-303(1)(c)(i)-(ii); § 77-40a-303(1)(c); § 77-40a-303(2)(a)(i)-(iv)); Utah Code § 41-6a-501 (DUI definitions), eff. 5/6/2026 — Utah Legislature (§ 41-6a-501(2)(a); § 41-6a-501(2)(a)(v)-(vi); § 41-6a-501(2)(b); § 41-6a-501(2)(a)(ii)-(iii)); Utah Code § 77-40a-205 (Automatic expungement for a clean slate case), eff. 5/6/2026 — Utah Legislature (§ 77-40a-205(3)(f)(vi)-(viii)); Utah Code § 77-40a-101 (Definitions), eff. 7/1/2026 — Utah Legislature (§ 77-40a-101(24)(b)(i)); Utah Dept. of Public Safety, Bureau of Criminal Identification — Auto Expungement/Clean Slate Expungement (Eligibility for Automatic Deletion of Traffic Offense(s))

Remedy

Petition for expungement with a BCI certificate of eligibility (Utah Code § 77-40a-303); automatic Clean Slate expungement for misdemeanor possession under § 76-18-207 (§ 77-40a-205); cannabis-possession petition without a certificate for qualifying medical conditions (§ 77-40a-305(4))

Waiting period

Petition: 5 years for a felony drug possession offense or class A misdemeanor, 4 years for class B, 3 years for class C. Automatic (Clean Slate): 7 years after adjudication for class A misdemeanor possession, 6 years for class B.

Simple possession, paraphernalia, and imitation-controlled-substance offenses are "drug possession offenses," which have shorter waits and separate conviction limits. Exceptions are possession of 100 pounds or more of marijuana and possession enhanced for being in a correctional facility. A misdemeanor possession conviction can be expunged automatically under Clean Slate after 7 years (class A) or 6 years (class B). A cannabis-possession conviction can be expunged by petition without a BCI certificate if the person had a qualifying medical condition at the time of the arrest or citation. The cannabis also had to be in a form and amount to treat that condition.

• ✗Possession of 100 pounds or more of marijuana and possession enhanced for a correctional facility are not "drug possession offenses"
• ✗Three or more felony drug possession convictions, or five or more drug possession convictions, each in separate criminal episodes
• ✗Felony drug possession is not eligible for automatic expungement

Sources: Utah Code § 77-40a-101 (Definitions), eff. 7/1/2026 — Utah Legislature (§ 77-40a-101(15)(a); § 77-40a-101(15)(a)(ii), (b); § 77-40a-101(15)(b)-(c)); Utah Code § 77-40a-303 (Certificate of eligibility: conviction), eff. 5/6/2026 — Utah Legislature (§ 77-40a-303(1)(c)(iii)-(iv); § 77-40a-303(1)(c)(v)-(vii); § 77-40a-303(5)); 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)); Utah Code § 77-40a-305 (Petition for expungement; hearing), eff. 5/7/2025 — Utah Legislature (§ 77-40a-305(4); § 77-40a-305(4)(a)-(b))

Remedy

Juvenile court expungement under Utah Code Title 80, Chapter 6, Part 10: petition to expunge adjudications (§ 80-6-1004.1); automatic expungement of successfully completed nonjudicial adjustments (§ 80-6-1004.5); petitions for nonjudicial adjustments, arrests or petitions without adjudication, and petitions not found true (§§ 80-6-1004.2 to 80-6-1004.4)

Waiting period

Adjudications: age 18 and at least one year after the juvenile court's continuing jurisdiction ended (or after unconditional release from secure care); both can be waived by the court. Nonjudicial adjustments: automatic at age 18. Petition not found true: any time after 30 days (if no appeal).

A person adjudicated in juvenile court may petition once they are 18 and at least one year has passed since the court's continuing jurisdiction ended or they were unconditionally released from secure care. The court can waive both requirements. The juvenile court may grant the petition if it finds the person rehabilitated. The juvenile court must expunge, without a petition, a record made up only of successfully completed nonjudicial adjustments once the person turns 18, if all were completed on or after October 1, 2023. After expungement, the matter is treated as never having occurred.

• ✗Adjudication for aggravated murder or murder
• ✗Violent felony conviction within five years before filing
• ✗Pending delinquency or criminal proceedings
• ✗Unsatisfied juvenile court restitution judgment
• ✗Automatic nonjudicial-adjustment expungement excludes DUI, reckless endangerment, negligent homicide, sexual battery, and certain dangerous-weapon offenses

Sources: Utah Code § 80-6-1004.1 (Petition to expunge juvenile adjudication), eff. 5/7/2025 — Utah Legislature (§ 80-6-1004.1(1); § 80-6-1004.1(1)(c); § 80-6-1004.1(3); § 80-6-1004.1(5)(a); +3 more); Utah Code § 80-6-1004.5 (Automatic expungement of successful nonjudicial adjustment), eff. 5/7/2025 — Utah Legislature (§ 80-6-1004.5(1); § 80-6-1004.5(2)); Utah Code § 80-6-1004.2 (Petition to expunge nonjudicial adjustment) — Utah Legislature (§ 80-6-1004.2(1)); Utah Code § 80-6-1004.3 (Petition to expunge juvenile arrest/petition without adjudication) — Utah Legislature (§ 80-6-1004.3(1)(a)); Utah Code § 80-6-1004.4 (Petition to expunge petition not found true) — Utah Legislature (§ 80-6-1004.4(1); § 80-6-1004.4(1)(c)-(d)); Utah Code § 80-6-1006.1 (Effect of juvenile expungement) — Utah Legislature (§ 80-6-1006.1(6)(a)); Utah Code § 77-40a-102 (Applicability to juvenile court records) — Utah Legislature (§ 77-40a-102); Utah Dept. of Public Safety, Bureau of Criminal Identification — Expungements FAQ (How do I file for a juvenile expungement?)