Can a felon own a gun in Utah?

Utah prohibits firearm possession for persons convicted of any felony, or a misdemeanor crime of domestic violence. Firearm rights may be restored through expungement of the conviction or a gubernatorial pardon. Utah's Bureau of Criminal Identification handles expungement applications.

How can a felon restore gun rights in Utah?

Petition for expungement through the Utah Bureau of Criminal Identification and the court, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Utah?

Expungement: 6 years after case is closed for non-violent felonies. 7 years for violent felonies (if eligible). No fixed waiting period for pardon.

Are there exceptions to gun rights restoration in Utah?

Certain offenses (capital felonies, first-degree felonies involving violence, automobile homicide, sexual offenses involving minors) are not eligible for expungement. A gubernatorial pardon is the only option.

Can a felon get gun rights back in Utah?

Yes. Utah provides three primary pathways: (1) A 402 reduction under Utah Code 76-3-402 can reduce a felony conviction to a misdemeanor, removing the felony-based firearms restriction; (2) Expungement under Utah Code 77-40a erases the conviction, removing the firearms disability; (3) A pardon from the Utah Board of Pardons and Parole, which makes any offense eligible for subsequent expungement. The best path depends on your specific offense, category, and circumstances.

What is a 402 reduction in Utah?

A 402 reduction (named after Utah Code 76-3-402) allows a court to reduce the degree of your criminal conviction after sentencing. A first-degree felony may be reduced to a second-degree felony, a second-degree to a third-degree, and a third-degree felony to a Class A misdemeanor. The reduction does not erase the conviction but reclassifies it at a lower level. For firearms purposes, reducing a felony to a misdemeanor can remove the restricted person status under 76-10-503.

How much does expungement cost in Utah?

The BCI application fee is $65. Court filing fees for the expungement petition vary by county but are typically $135-$200. Attorney fees are additional and vary widely. Some legal aid organizations provide free or low-cost assistance. If you cannot afford the fees, you may petition the court for a fee waiver.

What is the waiting period to expunge a felony in Utah?

For eligible felonies (typically third-degree and some second-degree non-violent felonies), the waiting period is 7 years after the case is closed (meaning all sentences, probation, and parole have been completed and all fines and restitution paid). The clock does not start until the case is fully closed. For alcohol-related traffic offenses, the waiting period is 10 years.

Can violent felonies be expunged in Utah?

Generally not without a pardon. Most violent felonies (Category I offenses like murder, aggravated assault, kidnapping, sexual offenses, and robbery) are not eligible for standard expungement under Utah Code 77-40a. However, if you receive a pardon from the Utah Board of Pardons and Parole, any offense — regardless of severity — becomes eligible for expungement. This pardon-then-expungement path is the primary route for Category I restricted persons.

What is the penalty for a restricted person possessing a firearm in Utah?

Under Utah Code 76-10-503, a Category I restricted person who possesses a firearm commits a second-degree felony, punishable by 1 to 15 years in prison and up to a $10,000 fine. A Category II restricted person who possesses a firearm commits a third-degree felony, punishable by up to 5 years in prison and up to a $5,000 fine. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.

Does Utah have a concealed carry permit process?

Yes. Utah issues Concealed Firearm Permits through the Bureau of Criminal Identification (BCI). Applicants must be at least 21 years old, complete a firearms safety course, pass a background check, and not be a restricted person under 76-10-503. After successful expungement, 402 reduction, or pardon, you may apply for a permit. Utah is also a constitutional carry state (permitless carry for those 21+), but restricted persons are excluded from constitutional carry.

Is there a new federal pathway to restore gun rights?

Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief. This pathway may be useful for Utah residents who cannot obtain expungement or a 402 reduction through state courts, particularly for federal convictions or Category I offenses where a state pardon is difficult to obtain. Application procedures are still being developed by the DOJ.

What is Utah's Clean Slate auto-expungement program?

Utah's Clean Slate Act (HB 431, passed 2022) provides for automatic expungement of certain qualifying misdemeanor and infraction convictions after waiting periods without the need to file a petition. The program was phased in from October 2024 through January 2026. It does NOT apply to felonies or violent offenses. For persons whose only firearms disqualification stems from a qualifying misdemeanor, auto-expungement may restore gun rights without any action required.

Felon Gun Rights in Utah

Must petition for restoration

It depends. Utah offers multiple pathways: (1) A 402 reduction can reduce your felony to a misdemeanor, which may remove the firearms restriction; (2) Expungement through BCI and the courts can restore eligibility; (3) A pardon from the Board of Pardons removes the conviction's effect on firearms rights. The specific path depends on whether you are a Category I (violent/serious) or Category II (other felonies) restricted person. Category I restrictions are much harder to lift.

Last updated: 2026-03-21

Overview

Utah prohibits firearm possession by persons convicted of any felony under Utah Code 76-10-503, classifying them as either Category I or Category II restricted persons based on the severity of the offense. Restoration pathways include expungement under Utah Code 77-40a, conviction reduction under Utah Code 76-3-402 (known as a '402 reduction'), or a pardon from the Utah Board of Pardons and Parole. A 402 reduction can lower a felony to a misdemeanor level, potentially removing the firearms restriction. Utah also implemented a Clean Slate auto-expungement program (effective 2024-2026) for certain qualifying offenses.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by more than one year of imprisonment is federally prohibited from possessing firearms. Utah Code 76-10-503(5) provides an explicit exception: a conviction that has been expunged, set aside, reduced to a misdemeanor, or pardoned does not trigger firearms restrictions unless the expungement, reduction, or pardon 'expressly provides that the person may not ship, transport, possess, or receive firearms.' This mirrors the federal exception under 18 USC 921(a)(20). A 402 reduction, expungement, or pardon that does not expressly exclude firearms should remove both the state and federal firearms disability. The revived federal 18 USC 925(c) process provides an additional pathway.

Can restore gun rights

✓Category II restricted persons (convicted of a felony not listed as Category I) who obtain expungement under Utah Code 77-40a
✓Persons whose felony conviction is reduced to a misdemeanor through a 402 reduction under Utah Code 76-3-402 — removes the felony-based firearms restriction
✓Persons who receive a pardon from the Utah Board of Pardons and Parole — pardoned offenses become eligible for expungement regardless of offense type
✓Persons convicted of domestic violence misdemeanors who obtain a 402 reduction to a non-DV classification followed by expungement
✓Persons whose federal firearms disability is removed through the revived 18 USC 925(c) process
✓Persons eligible for automatic expungement under Utah's Clean Slate program (effective 2024-2026) for qualifying misdemeanors and certain low-level offenses

Cannot restore gun rights

✗Category I restricted persons (convicted of violent felonies, including murder, aggravated assault, kidnapping, child abuse, sexual offenses, robbery, and certain weapons offenses) — extremely difficult to restore; typically requires a pardon followed by expungement
✗Persons convicted of capital felonies or first-degree felonies involving violence — generally not eligible for expungement without a pardon
✗Persons convicted of offenses requiring lifetime sex offender registration — not eligible for 402 reduction
✗Persons subject to domestic violence protective orders — separate firearms prohibition under state and federal law
✗Persons who are on probation or parole with firearm restrictions as a condition of supervision
✗Persons who have exceeded the number of expungable convictions allowed under Utah's expungement cap

Step-by-Step Process

Determine your restricted person category

Under Utah Code 76-10-503, restricted persons fall into two categories. Category I includes persons convicted of violent felonies (murder, aggravated assault, kidnapping, child abuse, sexual offenses, robbery, etc.) and carries the most severe restrictions. Category II includes persons convicted of any other felony. Your category determines which restoration pathways are available and how difficult the process will be. Consult an attorney to determine your category.

Consider a 402 reduction (felony to misdemeanor)

Under Utah Code 76-3-402, you may petition the court to reduce the degree of your conviction after completing your sentence. A felony can be reduced to a misdemeanor, which removes the felony-based firearms restriction. The court considers factors including the nature of the offense, your criminal history, compliance with sentence conditions, and prosecutor input. Non-violent felonies are more likely to be approved. For domestic violence cases, a reduction to a non-DV classification may remove the DV firearms prohibition as well.

Apply for expungement through BCI

Submit an expungement application to the Utah Bureau of Criminal Identification (BCI) with the required $65 fee and fingerprints. You can apply in person at the BCI office or by mail/email. BCI will review your criminal history and issue an Expungement Eligibility Certificate if you qualify. Processing takes 1-2 months. Waiting periods apply: 7 years for eligible felonies, 5 years for Class A misdemeanors, 4 years for Class B, and 3 years for Class C misdemeanors (measured from when the case is closed).

File the expungement petition with the court

After receiving the Eligibility Certificate from BCI, file a Petition for Expungement in the court where you were convicted. The court will review the petition, and the prosecutor may object. If granted, the court enters an order expunging the record. Under Utah Code 76-10-503(5), a conviction that has been expunged does not make you a restricted person, unless the expungement order expressly provides that you may not possess firearms.

For serious offenses: Seek a pardon from the Board of Pardons and Parole

If your offense is not eligible for a 402 reduction or expungement (such as certain violent felonies or capital felonies), you may apply to the Utah Board of Pardons and Parole for a pardon. A pardon from the Board makes any offense eligible for expungement, regardless of the original charge. After receiving a pardon, you can then apply for expungement through BCI and the court. This two-step process (pardon + expungement) is typically required for Category I offenses.

Verify your restored status and apply for permits

After expungement or a 402 reduction, confirm that BCI has updated your records. Note that BCI may still use expunged records when processing concealed firearm permit applications. The ATF may also retain records from before the expungement. Apply for a Utah Concealed Firearm Permit through BCI if desired. Keep certified copies of your court orders as proof of restored status.

Waiting Period

For expungement: 7 years after case closure for eligible felonies; 5 years for Class A misdemeanors; 4 years for Class B misdemeanors; 3 years for Class C misdemeanors and infractions; 10 years for alcohol-related traffic offenses. For a 402 reduction: No fixed waiting period, but typically pursued after completing the full sentence. For a pardon: No fixed waiting period, but the Board considers the time elapsed since completion of sentence. The BCI application process takes 1-2 months; the court petition process adds additional time.

Key Laws

Law	Year	Description
Utah Code 76-10-503 — Restrictions on Possession of Dangerous Weapons	1973 (amended through 2024)	Defines Category I and Category II restricted persons. Category I includes persons convicted of violent felonies and carries stricter restrictions. Category II includes all other felony convictions. Provides in subsection (5) that a conviction that has been expunged, set aside, reduced to a misdemeanor, or pardoned does not trigger restrictions unless the relief expressly excludes firearms.
Utah Code 76-3-402 — Conviction Reduction (402 Reduction)	1973 (amended through 2023)	Allows a court to enter a judgment of conviction for a lower degree of offense than that established by the original plea or verdict. A felony can be reduced to a misdemeanor after sentencing, removing the felony-based firearms restriction. The court has discretion and considers multiple factors including the nature of the offense and the defendant's history.
Utah Code 77-40a — Expungement	2022 (amended through 2024)	Governs the expungement of criminal records in Utah. Sets waiting periods based on offense class (7 years for felonies, shorter for misdemeanors). Includes caps on the number of convictions that may be expunged. Requires an application to BCI for an Eligibility Certificate before filing a court petition. The 2024 amendments expanded eligibility and streamlined the process.
Utah Code 76-10-504 — Carrying Concealed Dangerous Weapon	1973 (amended through 2024)	Governs concealed carry of dangerous weapons. Restricted persons under 76-10-503 are prohibited from carrying concealed weapons. After restoration of rights through expungement, reduction, or pardon, a person may apply for a Utah Concealed Firearm Permit through BCI.
Utah Clean Slate Act (HB 431, 2022 / Amendments 2024)	2022 (effective 2024-2026)	Established automatic expungement for certain qualifying misdemeanor and infraction convictions after specified waiting periods. The auto-expungement program was phased in from October 2024 through January 2026. Clean Slate does not apply to felonies or violent offenses, but may affect firearms eligibility for persons whose only disqualifying conviction was a qualifying misdemeanor.
18 USC 922(g)(1) — Federal Felon in Possession	1968 (amended through 2024)	The federal prohibition applying to all persons convicted of a crime punishable by imprisonment for more than one year. Utah's expungement, 402 reduction, and pardon provisions align with the federal exceptions under 18 USC 921(a)(20), which provides that a conviction does not count if it has been expunged, set aside, or pardoned (unless the relief expressly excludes firearms).

Edge Cases

I got a 402 reduction from a felony to a misdemeanor. Does this restore my gun rights?

Generally yes. Under Utah Code 76-10-503(5), a conviction 'reduced to a misdemeanor by court order' does not make you a restricted person, unless the reduction order expressly provides that you may not possess firearms. Since 402 reductions do not typically include firearms exclusions, the felony-based firearms restriction should be removed. However, if the original offense was a domestic violence offense and the reduced misdemeanor still qualifies as a 'misdemeanor crime of domestic violence,' separate firearms prohibitions under federal law (18 USC 922(g)(9)) may still apply.

Does expungement guarantee I can get a concealed firearm permit?

Not necessarily. While expungement removes the conviction from your public record and should remove the firearms restriction under 76-10-503(5), BCI may still access expunged records when processing concealed firearm permit applications. Additionally, the ATF retains its own records and may use pre-expungement information. In practice, most people who obtain an expungement can obtain a concealed firearm permit, but issues occasionally arise. If denied, consult an attorney.

I was convicted of a domestic violence misdemeanor, not a felony. Am I still a restricted person?

Yes. Under Utah Code 76-10-503, conviction of a misdemeanor crime of domestic violence makes you a restricted person (Category II). Additionally, the federal Lautenberg Amendment (18 USC 922(g)(9)) imposes a lifetime ban on firearm possession for anyone convicted of a misdemeanor crime of domestic violence. A 402 reduction to a non-DV classification followed by expungement may be the most effective strategy to restore rights, as it can remove both the state and federal disabilities.

What is the difference between Category I and Category II restricted persons?

Category I restricted persons are those convicted of violent felonies (murder, aggravated assault, kidnapping, child abuse, sexual offenses, robbery, and certain weapons offenses) or who are on parole or probation for such offenses. Category II includes all other felony convictions, certain misdemeanor domestic violence convictions, persons who are illegally in the United States, and certain other categories. The distinction affects available restoration pathways — Category I offenses are much harder to expunge and typically require a pardon first.

Can I use Utah's Clean Slate auto-expungement to restore my gun rights?

Only if your sole disqualifying conviction was a qualifying misdemeanor eligible for auto-expungement under the Clean Slate Act. The Clean Slate program (HB 431) only applies to certain misdemeanors and infractions — it does NOT apply to felonies or violent offenses. If auto-expungement erases a qualifying DV misdemeanor conviction, it may remove the firearms disability. However, the ATF may still retain records of the conviction. Felony-based firearms restrictions cannot be addressed through Clean Slate.

I have multiple felony convictions. Can I still get my gun rights back?

It is more difficult. Utah's expungement law caps the number of convictions that may be expunged (the specific caps vary by offense level). If you have multiple felony convictions, you may not be able to expunge all of them. Each conviction that remains on your record continues to trigger the firearms restriction. A 402 reduction may be available for each conviction independently. A pardon from the Board of Pardons can make any offense eligible for expungement, but the Board considers the totality of your criminal history.

Frequently Asked Questions

Can a felon get gun rights back in Utah?: Yes. Utah provides three primary pathways: (1) A 402 reduction under Utah Code 76-3-402 can reduce a felony conviction to a misdemeanor, removing the felony-based firearms restriction; (2) Expungement under Utah Code 77-40a erases the conviction, removing the firearms disability; (3) A pardon from the Utah Board of Pardons and Parole, which makes any offense eligible for subsequent expungement. The best path depends on your specific offense, category, and circumstances.
What is a 402 reduction in Utah?: A 402 reduction (named after Utah Code 76-3-402) allows a court to reduce the degree of your criminal conviction after sentencing. A first-degree felony may be reduced to a second-degree felony, a second-degree to a third-degree, and a third-degree felony to a Class A misdemeanor. The reduction does not erase the conviction but reclassifies it at a lower level. For firearms purposes, reducing a felony to a misdemeanor can remove the restricted person status under 76-10-503.
How much does expungement cost in Utah?: The BCI application fee is $65. Court filing fees for the expungement petition vary by county but are typically $135-$200. Attorney fees are additional and vary widely. Some legal aid organizations provide free or low-cost assistance. If you cannot afford the fees, you may petition the court for a fee waiver.
What is the waiting period to expunge a felony in Utah?: For eligible felonies (typically third-degree and some second-degree non-violent felonies), the waiting period is 7 years after the case is closed (meaning all sentences, probation, and parole have been completed and all fines and restitution paid). The clock does not start until the case is fully closed. For alcohol-related traffic offenses, the waiting period is 10 years.
Can violent felonies be expunged in Utah?: Generally not without a pardon. Most violent felonies (Category I offenses like murder, aggravated assault, kidnapping, sexual offenses, and robbery) are not eligible for standard expungement under Utah Code 77-40a. However, if you receive a pardon from the Utah Board of Pardons and Parole, any offense — regardless of severity — becomes eligible for expungement. This pardon-then-expungement path is the primary route for Category I restricted persons.
What is the penalty for a restricted person possessing a firearm in Utah?: Under Utah Code 76-10-503, a Category I restricted person who possesses a firearm commits a second-degree felony, punishable by 1 to 15 years in prison and up to a $10,000 fine. A Category II restricted person who possesses a firearm commits a third-degree felony, punishable by up to 5 years in prison and up to a $5,000 fine. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.
Does Utah have a concealed carry permit process?: Yes. Utah issues Concealed Firearm Permits through the Bureau of Criminal Identification (BCI). Applicants must be at least 21 years old, complete a firearms safety course, pass a background check, and not be a restricted person under 76-10-503. After successful expungement, 402 reduction, or pardon, you may apply for a permit. Utah is also a constitutional carry state (permitless carry for those 21+), but restricted persons are excluded from constitutional carry.
Is there a new federal pathway to restore gun rights?: Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief. This pathway may be useful for Utah residents who cannot obtain expungement or a 402 reduction through state courts, particularly for federal convictions or Category I offenses where a state pardon is difficult to obtain. Application procedures are still being developed by the DOJ.
What is Utah's Clean Slate auto-expungement program?: Utah's Clean Slate Act (HB 431, passed 2022) provides for automatic expungement of certain qualifying misdemeanor and infraction convictions after waiting periods without the need to file a petition. The program was phased in from October 2024 through January 2026. It does NOT apply to felonies or violent offenses. For persons whose only firearms disqualification stems from a qualifying misdemeanor, auto-expungement may restore gun rights without any action required.

Take Action — Direct Links

Utah Bureau of Criminal Identification (BCI) — Expungement Forms
Official BCI page with expungement application forms, instructions, fee information, and contact details for submitting applications in person or by mail.
Utah Courts — Expunging Adult Criminal Records
Utah Courts self-help page with step-by-step guidance for filing an expungement petition, including court forms, filing instructions, and fee information.
CCRC — Utah Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Utah, including expungement, 402 reductions, pardons, and Clean Slate.
Giffords Law Center — Utah Firearm Prohibition Laws
Detailed overview of all firearm prohibitions under Utah law, including who qualifies as a Category I and Category II restricted person.
Utah Board of Pardons and Parole
Official website of the Utah Board of Pardons and Parole, with information on the pardon process, hearing schedules, and contact information.
Utah Legislature — Utah Code 76-10-503 Full Text
Full text of the Utah restricted persons statute, including Category I and Category II definitions, penalties, and the exceptions for expunged, reduced, and pardoned convictions.
Clean Slate Utah — Expungement Process Guide
Community resource explaining Utah's Clean Slate auto-expungement program, eligibility requirements, and the process for both automatic and petitioned expungement.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.