How long you wait to clear a record in Utah
The Utah waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
Utah law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Petition for expungement of an arrest, investigation or detention (no conviction)
- Waiting periods
- 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
When can I file 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.
Automatic relief in Utah
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).
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.
Law: Utah Code 77-40a-204
Law: Utah Code 77-40a-201 to 77-40a-207
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
In nearby states
- Nevada: Misdemeanor (most): 1 year, counted from release from actual custody or end of a suspended sentence, whichever is later
- Colorado: Arrest, no charges filed (court petition): You can petition once the statute of limitations has run or police are no longer investigating, or after completing diversion with no charges filed, counted from when the statute of limitations has run or you are no longer under investigation
- Wyoming: Arrest or dismissed charge, no conviction: At least 180 days must pass after the arrest or after the charges were dismissed, counted from the arrest or the dismissal of the charges
Steps after the wait in Utah
Find your dates
The dates on your papers decide when the wait ends.
Look at the exclusions
Some offenses are never eligible, and a new case can restart or stop the clock.
Get the forms
When the waiting period has passed, you can prepare your request. 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 waiting periods in Utah
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).
When can I ask to clear my record 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).
Is there free help to clear a record in Utah?
Utah Legal Services, Clean Slate Utah (Fresh Start screening and intake) and Utah Courts: Legal Clinics.