Petition for expungement of an arrest, investigation or detention (no conviction) in Utah: which records can be cleared
Which records Utah lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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).
- Main remedy
- Petition for expungement of an arrest, investigation or detention (no conviction)
- What it covers
- Arrests with no charges filed, cases dismissed with prejudice, cases dismissed without prejudice, acquittals, and cases where the statute of limitations ran out.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Ways to clear a record 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
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
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
What changes afterwards
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
Cannabis convictions 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
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
In nearby states
Steps to clear a record in Utah
Get your own record
Find out exactly what your record shows: every arrest, charge and outcome. Utah Courts: Expunging Adult Criminal Records and Utah BCI: Expungements.
See if enough time has passed
Waiting periods differ by case and remedy. Waiting periods.
Ask the court
You file the request in the court that handled the case. How to file.
Get help
Ask for free help: Utah Legal Services and Clean Slate Utah (Fresh Start screening and intake).
Where to get free help in Utah
Questions about clearing a record in Utah
What is the legal term 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.
Which records can 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).
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).
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.
What happens to 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.
Who can still see a cleared record 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.