Clearing a criminal record in Utah
In Utah it is called expungement: an expunged record is sealed, not destroyed: courts and agencies keep it but must deny access to it. Some misdemeanor and felony convictions may be cleared, and Utah also clears some records automatically (Clean Slate / automatic expungement).
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Utah?
Expungement — In Utah, an expunged record is sealed, not destroyed: courts and agencies keep it but must deny access to it. A few bodies, such as the Board of Pardons and Parole, Peace Officer Standards and Training, the State Board of Education and federal authorities when federal law requires, can still see it on request.
Utah has 3 ways to clear a record. Each covers different records and has its own waiting period.
Petition for expungement of an arrest, investigation or detention (no conviction)
Arrests with no charges filed, cases dismissed with prejudice, cases dismissed without prejudice, acquittals, and cases where the statute of limitations ran out
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest or charge, no conviction | See the rule At least 30 days must pass after the arrest or charge, and the case must have ended with no charges, a dismissal with prejudice, an acquittal, or an expired statute of limitations. | Arrest or charge |
Charge dismissed without prejudice | See the rule If a charge was dismissed without prejudice, you need the prosecutor's written consent, or you wait 180 days after the dismissal. | Dismissal |
Case that also has a class C misdemeanor or infraction traffic conviction | 3 years If the case includes a class C misdemeanor or infraction traffic conviction, wait 3 years after that conviction. | Traffic conviction |
Case that also has a class B misdemeanor traffic conviction | 4 years If the case includes a class B misdemeanor traffic conviction, wait 4 years after that conviction. | Traffic conviction |
- Not eligible
- You cannot get a certificate if you have a pending misdemeanor or felony case, a pending plea in abeyance (other than traffic), you are in jail or prison or on probation or parole (other than for an infraction, traffic or minor regulatory offense), or a criminal protective order or stalking injunction is in effect for the case.
Law: Utah Code 77-40a-301, 77-40a-302, 77-40a-304, 77-40a-305, 77-40a-306
Source: Official text
Petition for expungement of a conviction
Misdemeanor and felony convictions (except the excluded ones), plus pleas in abeyance
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class C misdemeanor or infraction | 3 years Wait 3 years after the conviction or after your release from jail, prison, parole or probation, whichever came last. | Conviction or release from incarceration, parole or probation, whichever is last |
Class B misdemeanor | 4 years Wait 4 years after the conviction or release, whichever came last. | Conviction or release from incarceration, parole or probation, whichever is last |
Class A misdemeanor | 5 years Wait 5 years after the conviction or release, whichever came last. | Conviction or release from incarceration, parole or probation, whichever is last |
Felony drug possession | 5 years Wait 5 years for a felony drug possession conviction. | Conviction or release from incarceration, parole or probation, whichever is last |
Felony (other eligible) | 7 years Wait 7 years for other eligible felonies. | Conviction or release from incarceration, parole or probation, whichever is last |
Misdemeanor DUI (41-6a-501(2)) | 10 years Wait 10 years for a misdemeanor DUI-type conviction. | Conviction or release from incarceration, parole or probation, whichever is last |
- Not eligible
- Capital felonies; first degree felonies; violent felonies as defined in 76-3-203.5(1)(c)(i); felony DUI; offenses requiring registration as a sex, kidnap or child abuse offender (with a narrow exception for some offenses committed at age 14-17). You are also ineligible while a case is pending, while in custody or on probation or parole, or while a civil or criminal protective order or stalking injunction against you is in effect. All court-ordered fines, interest and restitution must be paid in full.
- Limits
- Not eligible if your history (counting already-expunged convictions, separate criminal episodes, not counting drug possession) has: 2 or more felonies; 3 or more convictions including 2 class A misdemeanors; 4 or more convictions including 3 class B misdemeanors; or 5 or more convictions of any degree. Separate drug possession limits: 3 or more felony drug possession convictions, or 5 or more drug possession convictions. If 10 years have passed since your last conviction or release, some limits go up by one or do not apply. Infractions, traffic offenses, minor regulatory offenses and automatically expunged clean slate cases are not counted.
Law: Utah Code 77-40a-303, 77-40a-304, 77-40a-305, 77-40a-306
Source: Official text
Petition to expunge a traffic case without a certificate of eligibility
Traffic offense cases (class B or C misdemeanors and infractions; DUI is not a traffic offense for this purpose)
| Kind of case | Waiting period | Counted from |
|---|---|---|
Traffic case, class C misdemeanor or infraction | 3 years Wait 3 years after the case was decided or dismissed. | Adjudication or dismissal |
Traffic case, class B misdemeanor | 4 years Wait 4 years after the case was decided or dismissed. | Adjudication or dismissal |
- Not eligible
- Not available if you have another traffic case or traffic plea in abeyance pending, or you are on probation for a traffic case.
Law: Utah Code 77-40a-305(3)
Source: Official text
When can I file? Waiting periods in Utah
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Utah
Petition for expungement of an arrest, investigation or detention (no conviction)
Apply to the Bureau of Criminal Identification (BCI) for a certificate of eligibility (fingerprints required). Then file a petition in the court where the case was filed (or, if no charges were filed, the district court in the county of arrest). The prosecutor and any victim can object; if anyone objects there is a hearing. If no objection is received within 60 days, the judge may grant it without a hearing.
- Cost
- BCI application fee $65 (non-refundable). No BCI certificate issuance fee for dismissals, acquittals or declined cases (except dismissals after a plea in abeyance or diversion). Court filing fee for a petition for expungement: $150.
- If you can't pay
- If you cannot afford the fees, ask the court to waive them with the Motion to Waive Fees for Expungement (Criminal). BCI will let you apply for the certificate without the issuance fee if you indicate you expect the court to waive its fee.
Law: Utah Code 78A-2-301(1)(i); Utah Code 77-40a-304(3)
Petition for expungement of a conviction
Apply to BCI for a certificate of eligibility (valid 180 days), then file a petition in the court where the case was filed, citing the certificate number. The prosecutor has 35 days and any victim 60 days to object. If anyone objects, the court holds a hearing. The judge must find by clear and convincing evidence that the requirements are met and that granting it would not harm the public interest.
- Cost
- BCI application fee $65 plus a $65 certificate fee for each conviction or plea in abeyance case. Court filing fee $150 per petition.
- If you can't pay
- Motion to Waive Fees for Expungement (Criminal) in court. If one court waived your fee within the last 180 days, a later court must waive it on request.
Law: Utah Code 78A-2-301(1)(i); Utah Code 77-40a-305(12)
Petition to expunge a traffic case without a certificate of eligibility
File a petition directly in the court where the traffic case was filed; no BCI certificate is needed.
- Cost
- Court filing fee for a petition for expungement: $150.
- If you can't pay
- Motion to Waive Fees for Expungement (Criminal).
Law: Utah Code 78A-2-301(1)(i)
Court self-help
Free help in Utah
- Utah Legal Services · 801-328-8891
- Clean Slate Utah (Fresh Start screening and intake)
- Utah Courts: Legal Clinics
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Utah Department of Public Safety, Bureau of Criminal Identification (BCI)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Utah.
Clearing a record in Utah by topic
Petition for expungement of an arrest, investigation or detention (no conviction) in Utah
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Utah
How long you wait for each kind of case, and a date helper.
How to file in Utah
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Utah
- Law
- Clean Slate / automatic expungement
- What is cleared
- Courts automatically expunge, with no petition: acquittals (goal: 60 days after acquittal); cases dismissed with prejudice (goal: 180 days after dismissal; not dismissals after a plea in abeyance); and "clean slate" cases where every conviction or charge is a class B or C misdemeanor, an infraction, or a misdemeanor drug possession, once 5 years (class C or infraction), 6 years (class B) or 7 years (class A drug possession) have passed since the conviction, or since dismissal after a plea in abeyance or a dismissal without prejudice. Clean slate does not apply to DUI, domestic violence, offenses against a person, weapons offenses, sexual battery, lewdness, felonies and other class A misdemeanors, or cases found not guilty by reason of insanity. It also requires court debt and restitution to be paid, no pending misdemeanor or felony case, a record within the conviction-count limits, and (since January 1, 2025) not being in state prison or on state-supervised probation or parole. The prosecutor gets 35 days' notice and can object. Older cases (before May 1, 2020) are cleared within a year of being identified. Traffic cases are deleted automatically after 5 years (class C or infraction) or 6 years (class B).
- Started
- Clean slate law applies to cases adjudicated or dismissed since May 1, 2020 (and older cases as identified). From October 1, 2024 to December 31, 2025, you had to file a court request form. Since January 1, 2026, courts again find and expunge eligible cases on their own.
- Check your record
- Official status page
Law: Utah Code 77-40a-201 to 77-40a-207; Utah Code 77-40a-204
Marijuana records in Utah
If you had a qualifying medical condition at the time of a cannabis possession arrest or citation, and the cannabis was in a form and amount to treat that condition, you can petition to expunge the conviction without a BCI certificate of eligibility. Misdemeanor drug possession convictions can also qualify for clean slate automatic expungement.
Law: Utah Code 77-40a-305(4), 77-40a-306(1)(d); Utah Code 77-40a-205
Juvenile records in Utah
If you were adjudicated in juvenile court, you can petition that court to expunge the record once you are 18 and at least one year has passed since the court's jurisdiction ended or you were released from secure care; the court can waive these time limits, and you must include a BCI criminal history report. Successful nonjudicial adjustments completed on or after October 1, 2023 are expunged automatically at age 18, except for DUI, some weapons offenses, sexual battery, negligent homicide and reckless endangerment.
Law: Utah Code 80-6-1004.1, 80-6-1004.5
Pardons in Utah
- Who decides
- Utah Board of Pardons and Parole
- How
- Apply online through the Board's MyPATH system. The Board generally requires at least 5 years since all sentences and supervision ended, and all restitution, fines and fees paid. Since May 6, 2026, for an offense that requires sex offender registration, the Board may consider a pardon only after 10 years (10-year registrants) or 20 years (lifetime registrants) from release to probation or parole or the end of the sentence. If you get a hearing, you must attend in person. A pardon leads to an expungement order; you then apply to BCI and pay its processing fee.
Law: Utah Code 77-27-5.1, 77-27-5.6; Utah Admin. Code R671-315-1; Utah Code 77-27-5.6
After your record is cleared in Utah
After the expungement order, you may answer any question as though the arrest, investigation, detention, prosecution or conviction did not occur, unless another law or a court says otherwise. Exceptions: certain agencies (Board of Pardons and Parole, POST, the State Board of Education, federal authorities when federal law requires, judicial-applicant investigations) can see expunged records, and a prosecutor can ask a court to open them if you are later charged with a felony or an offense that can be enhanced.
Law: Utah Code 77-40a-401(5), 77-40a-403
Get your own record in Utah
Utah Department of Public Safety, Bureau of Criminal Identification (BCI) · (801) 965-4445
Request your own Utah criminal history (Right of Access) from BCI with valid ID; the fee is $20 since July 1, 2025. To see what has been automatically or petition-expunged, use the Expungement Verification Application ($15).
Letter: ask the state records office for a copy of your record
Good to know in Utah
- You must apply to the state Bureau of Criminal Identification for a certificate of eligibility before most expungement petitions; the certificate is valid for 180 days.
Law: Utah Code 77-40a-304
- Since January 1, 2026, courts again clear eligible clean slate cases automatically; the 2024-2025 request form is no longer used.
Law: Utah Code 77-40a-204
Source: Utah Courts self-help page
- Since May 6, 2026, a pardon for an offense requiring sex offender registration can be considered only after 10 or 20 years, depending on the registration period.
Law: Utah Code 77-27-5.6
Changes in 2024–2026
2024: automatic expungement was restructured; from October 1, 2024 to December 31, 2025 people had to file a request form, and from January 1, 2026 courts again expunge eligible cases on their own; people in state prison or on state-supervised probation or parole are excluded from clean slate from January 1, 2025. 2025 (chs. 214, 239): changes to fee waivers and expungement procedure; BCI record-request fee rose to $20 on July 1, 2025. 2026: ch. 362 amended clean slate eligibility (77-40a-205); ch. 452 amended conviction eligibility (77-40a-303) and created pardon waiting periods for registered sex offenders effective May 6, 2026; ch. 291 amended definitions and access to expunged records effective July 1, 2026 (77-40a-101, 77-40a-403).
Law: ch. 180; 77-27-5.6
Questions about clearing a record in Utah
What is clearing a record called in Utah?
Expungement. In Utah, an expunged record is sealed, not destroyed: courts and agencies keep it but must deny access to it. A few bodies, such as the Board of Pardons and Parole, Peace Officer Standards and Training, the State Board of Education and federal authorities when federal law requires, can still see it on request.
Can convictions be cleared in Utah?
Petition for expungement of an arrest, investigation or detention (no conviction): Arrests with no charges filed, cases dismissed with prejudice, cases dismissed without prejudice, acquittals, and cases where the statute of limitations ran out. Petition for expungement of a conviction: Misdemeanor and felony convictions (except the excluded ones), plus pleas in abeyance. Petition to expunge a traffic case without a certificate of eligibility: Traffic offense cases (class B or C misdemeanors and infractions; DUI is not a traffic offense for this purpose).
How long do I have to wait in Utah?
Arrest or charge, no conviction: At least 30 days must pass after the arrest or charge, and the case must have ended with no charges, a dismissal with prejudice, an acquittal, or an expired statute of limitations, counted from arrest or charge; Charge dismissed without prejudice: If a charge was dismissed without prejudice, you need the prosecutor's written consent, or you wait 180 days after the dismissal, counted from dismissal; Case that also has a class C misdemeanor or infraction traffic conviction: 3 years, counted from traffic conviction; Case that also has a class B misdemeanor traffic conviction: 4 years, counted from traffic conviction.
Does Utah clear records automatically?
Courts automatically expunge, with no petition: acquittals (goal: 60 days after acquittal); cases dismissed with prejudice (goal: 180 days after dismissal; not dismissals after a plea in abeyance); and "clean slate" cases where every conviction or charge is a class B or C misdemeanor, an infraction, or a misdemeanor drug possession, once 5 years (class C or infraction), 6 years (class B) or 7 years (class A drug possession) have passed since the conviction, or since dismissal after a plea in abeyance or a dismissal without prejudice. Clean slate does not apply to DUI, domestic violence, offenses against a person, weapons offenses, sexual battery, lewdness, felonies and other class A misdemeanors, or cases found not guilty by reason of insanity. It also requires court debt and restitution to be paid, no pending misdemeanor or felony case, a record within the conviction-count limits, and (since January 1, 2025) not being in state prison or on state-supervised probation or parole. The prosecutor gets 35 days' notice and can object. Older cases (before May 1, 2020) are cleared within a year of being identified. Traffic cases are deleted automatically after 5 years (class C or infraction) or 6 years (class B).
How much does it cost to clear a record in Utah?
Petition for expungement of an arrest, investigation or detention (no conviction): BCI application fee $65 (non-refundable). No BCI certificate issuance fee for dismissals, acquittals or declined cases (except dismissals after a plea in abeyance or diversion). Court filing fee for a petition for expungement: $150. Petition for expungement of a conviction: BCI application fee $65 plus a $65 certificate fee for each conviction or plea in abeyance case. Court filing fee $150 per petition. Petition to expunge a traffic case without a certificate of eligibility: Court filing fee for a petition for expungement: $150.
Can a marijuana record be cleared in Utah?
If you had a qualifying medical condition at the time of a cannabis possession arrest or citation, and the cannabis was in a form and amount to treat that condition, you can petition to expunge the conviction without a BCI certificate of eligibility. Misdemeanor drug possession convictions can also qualify for clean slate automatic expungement.
Can juvenile records be cleared in Utah?
If you were adjudicated in juvenile court, you can petition that court to expunge the record once you are 18 and at least one year has passed since the court's jurisdiction ended or you were released from secure care; the court can waive these time limits, and you must include a BCI criminal history report. Successful nonjudicial adjustments completed on or after October 1, 2023 are expunged automatically at age 18, except for DUI, some weapons offenses, sexual battery, negligent homicide and reckless endangerment.
What can I say after my record is cleared in Utah?
After the expungement order, you may answer any question as though the arrest, investigation, detention, prosecution or conviction did not occur, unless another law or a court says otherwise. Exceptions: certain agencies (Board of Pardons and Parole, POST, the State Board of Education, federal authorities when federal law requires, judicial-applicant investigations) can see expunged records, and a prosecutor can ask a court to open them if you are later charged with a felony or an offense that can be enhanced.
How do I get a copy of my criminal record in Utah?
Request your own Utah criminal history (Right of Access) from BCI with valid ID; the fee is $20 since July 1, 2025. To see what has been automatically or petition-expunged, use the Expungement Verification Application ($15).
Where can I get free help in Utah?
Utah Legal Services, Clean Slate Utah (Fresh Start screening and intake) and Utah Courts: Legal Clinics.