Expungement, automatic expungement, or clean slate in Utah

Can I clear my record in Utah?

Utah clears records through expungement, which seals records or restricts access to them rather than destroying them.

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes Utah law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Since January 1, 2026, courts again automatically expunge acquittals, dismissals with prejudice, and older class B and C misdemeanor, infraction and class A drug possession cases. Most other records need a certificate of eligibility from the Bureau of Criminal Identification and a court petition, with waits from 30 days for dismissals to 3-7 years for most convictions and 10 years for DUI. Capital, first-degree, violent and registrable sex offenses can't be expunged, though a 402 reduction or a pardon may open a path.1,2,3,4

Checked October 22, 2026 against 33 sources, starting with Utah law, then by a second reader.

What it's called
Expungement, automatic expungement, or clean slate1,2,3
Automatic clearing
Yes, for some records, since May 1, 20201,6,26
DUI or DWI
Sometimes12,13,14
Filing fee
$0 to $1501,2,3
Fee waiver
Available1,2,3

Expungement

Automatic expungement (Clean Slate)

The court and the Bureau of Criminal Identification (BCI) expunge their records of the case. In Utah, expunging means sealing records or restricting access to them, not destroying them (Utah Code § 77-40a-101(16)). You may respond to any inquiry as though the arrest or conviction did not occur, unless a law or court order says otherwise (§ 77-40a-401(5)). Agencies other than the court and BCI, such as police departments and prosecutors, are not required to expunge records of an automatically expunged case (§ 77-40a-207(4)); a petition can reach those records (§ 77-40a-201(1)).1,2,3

What it's for: Acquittals, dismissals with prejudice, and older class B and C misdemeanor, infraction and class A drug possession cases.

Who can use it

  • Acquittal on all charges, after 60 days (§ 77-40a-206(2)(a)).
  • Case dismissed with prejudice, 180 days after the dismissal or after a final order on appeal (§ 77-40a-206(2)(b)).
  • A case where every conviction is a class B or C misdemeanor, an infraction, or a misdemeanor drug possession offense under § 76-18-207: 5 years for class C misdemeanors and infractions, 6 years for class B misdemeanors, and 7 years for class A drug possession, counted from adjudication (§ 77-40a-205(2)(a)).
  • A case dismissed after a plea in abeyance, or dismissed without prejudice, where every charge is one of those offense types, after the same 5-, 6- or 7-year waits counted from the dismissal (§ 77-40a-205(2)(b)).
  • Traffic-only cases are deleted by the courts after an acquittal, a dismissal with prejudice, or 5 years (class C misdemeanor or infraction) or 6 years (class B misdemeanor) after adjudication. DUI is not a traffic offense for this purpose (§§ 77-40a-202, 77-40a-101(24)).

What doesn't qualify

  • Cases with a conviction or plea in abeyance for a felony or class A misdemeanor (other than drug possession), an offense against the person under Title 76, Chapter 5 (such as assault), a weapons offense, sexual battery, lewdness, DUI or reckless driving, damage to a communication device, a domestic violence offense, or any offense that can't be expunged by petition (§ 77-40a-205(3)(f)).
  • Your total Utah convictions exceed the petition limits in § 77-40a-303(4) or (5), not counting infractions, traffic offenses or minor regulatory offenses, and without the extra allowance the petition route gives after 10 years (§ 77-40a-205(3)(a)).
  • A misdemeanor or felony case (other than traffic) is pending against you, or you are in state prison or on probation or parole supervised by Adult Probation and Parole (§ 77-40a-205(3)(b)-(c)).
  • Court-ordered money in the case hasn't been paid, or it was sent to the Office of State Debt Collection (§ 77-40a-205(3)(e)).
  • The prosecutor objects within 35 days because the case isn't eligible, restitution is unpaid, or it has a fact-based belief that you are still engaged in criminal activity (§ 77-40a-205(5)-(6)).
  • Acquittals by reason of insanity (§§ 77-40a-205(3)(d), 77-40a-206(3)(a)).

How long you have to wait

RecordWaiting period
Acquittal on all charges60 days after the acquittal
Dismissal with prejudice (not after a plea in abeyance)180 days after the dismissalOr after a final order if the case was appealed (§ 77-40a-206(2)(b)).
Class C misdemeanor or infraction conviction, or plea in abeyance or without-prejudice dismissal of those charges5 years from adjudication or dismissal
Class B misdemeanor conviction, or plea in abeyance or without-prejudice dismissal6 years from adjudication or dismissal
Class A misdemeanor drug possession conviction, or plea in abeyance or without-prejudice dismissal7 years from adjudication or dismissal

Happens automatically. Since January 1, 2026, courts find and expunge eligible cases on their own, with no form. From October 1, 2024 through December 31, 2025, people had to submit a form to get an automatic expungement (§ 77-40a-204; Utah Courts). The courts run the process monthly and notify the prosecutor, who has 35 days to object (§ 77-40a-205(4)-(7)). The court then notifies BCI, which expunges its records and sends the order to the FBI (§ 77-40a-207).

How to apply

  1. Nothing to file. You can check your cases for free in My Court Case; an expunged case shows as 'Case Expunged' (Utah Courts).
  2. To see what BCI shows as automatically or petition expunged, you can send BCI an Expungement Verification Application with ID and the fee. BCI's pages say $15; the Legislature's approved fee schedule for July 2026 to June 2027 lists $25 for an 'Auto-Expungement History List' (BCI; H.B. 8, 2026).
  3. If a case qualifies but wasn't expunged, or you want other agencies' records cleared too, you can file a petition for expungement (§ 77-40a-201(1)).
Where to file
Automatic through the district and justice courts and BCI.
Cost
No fee for automatic expungement. For an optional letter listing what has been expunged from your Utah criminal history, BCI's pages say $15, but the Legislature's fee schedule for July 2026 to June 2027 lists $25 for an 'Auto-Expungement History List' (BCI; H.B. 8, 2026), so check the current amount with BCI.
Court hearing
No
How long it takes
The courts say the process can take up to 120 days once a case qualifies. The statute's goals are 60 days after an acquittal, 180 days after a dismissal with prejudice, 30 days after the court finds a clean slate case eligible, and within a year of identification for cases decided before May 1, 2020 (§ 77-40a-204(4); Utah Courts).

Official forms

Expungement

Petition to expunge an arrest, dismissal or acquittal

Once the judge signs the order, the court, BCI and the other agencies that receive it seal or restrict access to the records, and you may respond to inquiries as though the arrest did not occur (Utah Code §§ 77-40a-101(16), 77-40a-401(5)). BCI notifies affected agencies and the FBI, and you may deliver copies yourself (§ 77-40a-307). A few agencies can still get expunged records on request, 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 (§ 77-40a-403(2)).1,3,8

What it's for: Arrests where no charges were filed, dismissed cases (including dismissals after a plea in abeyance or diversion), acquittals, and cases where the statute of limitations ran out.

Who can use it

  • At least 30 days have passed since the arrest or charge (§ 77-40a-302(1)(a)(i)).
  • And one of these: police and the prosecutor screened the case and decided not to file charges; all charges were dismissed with prejudice; a charge was dismissed without prejudice and the prosecutor consents in writing or 180 days have passed; you were acquitted of all charges; or the statute of limitations ran out on all charges (§ 77-40a-302(1)(b)).
  • If the case also has a traffic conviction, 3 years must pass after a class C misdemeanor or infraction traffic conviction, or 4 years after a class B traffic conviction (§ 77-40a-302(1)(a)(ii)-(iii)).
  • For a dismissal without prejudice, the court must find the prosecutor gave written consent and doesn't intend to refile. If the court denies the petition because the prosecutor plans to refile, you can reapply if charges aren't refiled within 180 days (§ 77-40a-306(1)(c), (2)).
  • If someone objects to expunging a charge dismissed under a plea in abeyance, and that charge could be used to enhance a later sentence, the court must also find good cause to grant it (§ 77-40a-306(1)(e)).

What doesn't qualify

  • A misdemeanor or felony case, or plea in abeyance, other than a traffic case is pending against you (§ 77-40a-302(2)(a)-(b)).
  • You are incarcerated or on probation or parole, unless it is only for an infraction, a traffic offense or a minor regulatory offense (§ 77-40a-302(2)(c)).
  • A criminal protective order or criminal stalking injunction is in effect in the case (§ 77-40a-302(2)(d)).

How long you have to wait

RecordWaiting period
No charges filed, dismissal with prejudice, or acquittal30 days after the arrest or charge
Charge dismissed without prejudice180 days after the dismissalSooner if the prosecutor consents in writing (§ 77-40a-302(1)(b)(iii)).
Statute of limitations ran out, no chargesWhen the limitations period expires on all charges

Some records clear automatically. Acquittals and dismissals with prejudice are also expunged automatically by the court and BCI (see automatic expungement). A petition is the route for other non-conviction records and for records held by police and prosecutors.

How to apply

  1. Apply to BCI for a certificate of eligibility with the adult expungement application, fingerprints, ID and the application fee ($65 according to BCI; see the cost note). You can apply in person, by mail or by email (BCI).
  2. BCI says a response can take 1-2 months; in October 2026 it was processing applications received June 19, 2026. The certificate is valid for 180 days (§ 77-40a-304(2)(b); BCI).
  3. File the Petition to Expunge Records with Certificate of Eligibility and the matching order form, with the civil cover sheet, in the court that handled the case. If no case was filed, file in the district court for the county of the arrest or citation. Pay the filing fee or ask for a fee waiver (§ 77-40a-305(1); Utah Courts).
  4. The court sends the petition to the prosecutor, who has 35 days to respond; any victim has 60 days. You can ask the prosecutor to sign a Consent and Waiver of Hearing to speed things up (§ 77-40a-305(7); Utah Courts).
  5. If anyone objects, the court sets a hearing; if no objection arrives within 60 days, the court may grant the petition without a hearing (§ 77-40a-305(10)-(11)).
  6. Ask for certified copies within 28 days after the order. BCI sends the order to affected agencies and the FBI, and you may deliver copies yourself (§§ 77-40a-306(6), 77-40a-307).
Where to file
The court where the criminal case was filed; if charges were never filed, the district court in the county where the arrest happened or the citation was issued (§ 77-40a-305(1)(d)).
Cost
Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). BCI and Salt Lake County's tool kit say BCI's application fee is $65, but the fee schedule the Legislature approved for July 2026 to June 2027 lists $100 for an expungement application (H.B. 8, 2026), so check the current amount with BCI before paying. BCI issues the certificate itself free for dismissals, acquittals and declined charges, but charges $65 per case for dismissals after a plea in abeyance or diversion and for special certificates (§ 77-40a-304(3)(a); BCI; H.B. 8, 2026).
If you can't pay
You can ask to file without paying. Ask the court to waive the filing fee with the Motion to Waive Fees for Expungement - Criminal. The courts' guide says you may qualify if your household's gross monthly income is at or below $3,227.50 for 3 or fewer people ($3,900 for 4, $4,572.50 for 5, $5,245 for 6, plus $672.50 for each additional person), if you receive SNAP, Medicaid, SSI, FEP or TANF, or if you can't afford fees and basic necessities (Utah Courts). If you tell BCI you expect a court fee waiver, BCI issues the certificate first and charges the issuance fee later only if the court doesn't waive the filing fee (§ 77-40a-304(3)(b), (7)). BCI says any indigency waiver must come from the court. A waiver granted in one expungement case must be honored, on request, for another petition filed within 180 days (§ 77-40a-305(12)).
Court hearing
Sometimes
How long it takes
BCI's review can take several months, and the court waits 60 days for prosecutor and victim responses unless the prosecutor consents. Salt Lake County's toolkit estimates about 6 months for the whole petition process.

Official forms

Expungement

Petition to expunge a conviction

Once the judge signs the order, the records are sealed or access is restricted (not destroyed), and you may respond to inquiries as though the conviction did not occur unless a law or court says otherwise (Utah Code §§ 77-40a-101(16), 77-40a-401(5)). BCI notifies affected agencies and the FBI (§ 77-40a-307). Some agencies can get expunged records on request, prosecutors may share expunged stalking, domestic violence, registrable and weapons convictions with each other, a prosecutor can ask a court to open the records if you are later charged with a felony or an offense that can be enhanced by a prior conviction, and a court can open them for sentencing (§ 77-40a-403(2), (4), (7), (8)).1,12,13

What it's for: Most misdemeanor and felony convictions other than capital, first-degree, violent and registrable offenses, after a waiting period and within limits on the total number of convictions.

Who can use it

  • All fines and interest, and all court-ordered restitution, for the conviction are paid in full (§ 77-40a-303(1)(a)-(b)).
  • The waiting period below has passed, counted from the later of the conviction or your release from incarceration, parole or probation (§ 77-40a-303(1)(c)).
  • Your criminal history from all states, including past expungements, is within these limits (each conviction from a separate criminal episode, not counting drug possession offenses): fewer than 2 felonies; not 3 or more convictions that include 2 class A misdemeanors; not 4 or more that include 3 class B misdemeanors; and fewer than 5 convictions of any degree (§ 77-40a-303(4); BCI).
  • Drug possession offenses are counted separately: fewer than 3 felony drug possession convictions and fewer than 5 drug possession convictions in all (§ 77-40a-303(5)).
  • If 10 years have passed since all your convictions, the felony and class A limits each rise by one, and the class B and any-degree limits stop applying when the highest offense in an episode was a class B or C misdemeanor, drug possession or an infraction (§ 77-40a-303(7)).
  • Infractions, traffic offenses, minor regulatory offenses and automatically expunged clean slate cases don't count toward the limits (§ 77-40a-303(8)).
  • Traffic-only cases can be petitioned without a BCI certificate after 3 years (class C misdemeanor or infraction) or 4 years (class B misdemeanor) (§ 77-40a-305(3)).
  • The court must find by clear and convincing evidence that the requirements are met and that expungement won't harm the public interest (§ 77-40a-306(1)).

What doesn't qualify

  • Capital felonies, first-degree felonies, violent felonies as defined in § 76-3-203.5(1)(c)(i), and felony DUI-type convictions under § 41-6a-501(2) (§ 77-40a-303(2)(a)). The courts' guide also lists felony automobile homicide.
  • Offenses that required registration as a sex, kidnap or child abuse offender at sentencing or when you apply (§ 77-40a-303(2)(a)(v), as amended effective May 6, 2026). Some qualifying sexual offenses committed at ages 14-17 are excepted unless the person was tried as an adult (§ 77-40a-303(3)).
  • A misdemeanor or felony case, or plea in abeyance, other than a traffic case is pending against you (§ 77-40a-303(2)(b)-(c)).
  • You are incarcerated, on parole or on probation, unless it is only for an infraction, a traffic offense or a minor regulatory offense (§ 77-40a-303(2)(d)).
  • A civil protective order, criminal protective order or criminal stalking injunction against you is in effect (§ 77-40a-303(2)(f)).
  • You knowingly gave false or misleading information on the BCI application (§ 77-40a-303(2)(e)).

How long you have to wait

RecordWaiting period
Misdemeanor DUI-type conviction listed in § 41-6a-501(2)10 yearsIncludes DUI, impaired driving, driving with a measurable controlled substance and chemical test refusal (§ 77-40a-303(1)(c)(i)).
Felony for driving with a controlled substance and causing serious injury or death (former § 58-37-8(2)(g))10 years
Felony (other than drug possession)7 years
Felony drug possession offense5 years
Class A misdemeanor5 years
Class B misdemeanor4 years
Class C misdemeanor or infraction3 years

How to apply

  1. Apply to BCI for a certificate of eligibility with the adult expungement application, fingerprints, ID and the application fee ($65 according to BCI; see the cost note). BCI checks your full criminal history, including other states (BCI).
  2. If you qualify, BCI issues a certificate of eligibility (or a special certificate when a disposition can't be found) for $65 per case. The certificate is valid for 180 days (§ 77-40a-304; BCI).
  3. File the Petition to Expunge Records with Certificate of Eligibility (or with Special Certificate) and the matching order form, with the civil cover sheet, in the court that decided the case. Pay the filing fee or ask for a fee waiver (Utah Courts).
  4. The prosecutor has 35 days to respond and must try to notify any victim, who has 60 days to object. The court may also ask Adult Probation and Parole for a response. You have 14 days to reply to any objection (§ 77-40a-305).
  5. If anyone objects, go to the hearing ready to show by clear and convincing evidence that you meet the requirements and that expungement won't harm the public interest. If there's no objection within 60 days, the court may grant it without a hearing (§§ 77-40a-305(10)-(11), 77-40a-306).
  6. Ask for certified copies of the order within 28 days. BCI notifies affected agencies, and you may deliver copies yourself (§§ 77-40a-306(6), 77-40a-307).
Where to file
The court where the criminal case was filed, or the court that now has jurisdiction if that court no longer exists (§ 77-40a-305(1)(d)).
Cost
Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). BCI charges $65 per case for each conviction certificate or special certificate (BCI; H.B. 8, 2026). BCI says its application fee is $65, but the fee schedule the Legislature approved for July 2026 to June 2027 lists $100 for an expungement application (H.B. 8, 2026), so check the current amount with BCI before paying. No BCI fees apply to traffic-only petitions, which don't need a certificate.
If you can't pay
You can ask to file without paying. File the Motion to Waive Fees for Expungement - Criminal with the court. The courts' guide gives income limits starting at $3,227.50 a month for a household of 3 or fewer, and says people on SNAP, Medicaid, SSI, FEP or TANF may qualify (Utah Courts). If you tell BCI you expect a court fee waiver, BCI issues the certificate without the issuance fee and charges it later only if the court doesn't waive the filing fee (§ 77-40a-304(3)(b), (7)). A waiver from one court must be honored, on request, for another expungement petition filed within 180 days (§ 77-40a-305(12)).
Court hearing
Sometimes
How long it takes
BCI's review can take several months (in October 2026 it was working on applications received June 19, 2026), and the court waits 60 days for responses unless the prosecutor consents. Salt Lake County estimates about 6 months overall.

Official forms

Expungement

Expungement of a cannabis possession conviction for medical patients

Same effect as other expungements: the records are sealed or restricted and you may respond as though the conviction did not occur (Utah Code § 77-40a-401(5)).1,3,5

What it's for: Cannabis possession convictions for people who had a qualifying medical condition at the time.

Who can use it

  • At the time of the arrest or citation, you had a qualifying condition as defined in § 26B-4-201 (§ 77-40a-305(4)(a)).
  • The cannabis was in a form and an amount to medically treat that condition (§ 77-40a-305(4)(b)). The courts' guide describes the allowed forms and amounts; check it before filing.
  • You can petition the court directly without a BCI certificate of eligibility (§§ 77-40a-305(4), 77-40a-306(1)(d); BCI).

What doesn't qualify

  • Possession in a form or amount beyond what was needed to treat the condition (§ 77-40a-305(4)(b)).

How long you have to wait

RecordWaiting period
Cannabis possession conviction, qualifying condition at the timeNo waiting period statedThe statute sets no waiting period for this route (§ 77-40a-305(4)).

How to apply

  1. Fill out the Petition to Expunge Records (Cannabis Conviction) and the matching order, with the civil cover sheet (Utah Courts).
  2. File them with the court that decided the case and pay the filing fee or ask for a fee waiver.
  3. The prosecutor has 35 days to respond. If anyone objects, the court holds a hearing where you show the condition, form and amount requirements are met (§§ 77-40a-305, 77-40a-306).
Where to file
The court that decided the criminal case (§ 77-40a-305(1)(d)).
Cost
Court filing fee: $150 in district court or $135 in justice court (Utah Courts fee schedule, effective May 6, 2026). No BCI certificate fees, because no certificate is needed.
If you can't pay
You can ask to file without paying. File the Motion to Waive Fees for Expungement - Criminal (Utah Courts).
Court hearing
Sometimes

Official forms

Expungement

Expungement after a problem-solving court plea in abeyance

The court expunges all records of the offense when you finish the program, and BCI notifies affected agencies and the FBI (Utah Code § 77-2a-3(10)-(11)).8,14

What it's for: Cases resolved by a plea in abeyance that is dismissed after you complete a certified problem-solving court program.

Who can use it

  • Your plea in abeyance agreement allows the court to order expungement (§ 77-2a-3(2)(c)).
  • You successfully complete a problem-solving court program certified by the Judicial Council, and the court lets you withdraw your plea and dismisses the case (§ 77-2a-3(3)(a)(iii)).

What doesn't qualify

  • Pleas in abeyance aren't allowed in cases involving a sexual offense against a child under 14 or DUI-related violations (§ 77-2a-3(8)).
  • A court can't hold a plea in abeyance without the prosecutor's agreement, and the prosecutor's decision is final (§ 77-2a-3(7)).

How long you have to wait

RecordWaiting period
Completed problem-solving court plea in abeyanceNoneAny victim may object before the court decides whether you completed the agreement (§ 77-2a-3(9)).

Some records clear automatically. No separate petition is needed when the agreement allows it: the court can order expungement when it finds you completed the program (§ 77-2a-3(3)). Other plea in abeyance dismissals are covered by the automatic and petition routes.

How to apply

  1. Ask your defense attorney and the prosecutor whether the plea in abeyance agreement can include expungement after a certified problem-solving court program.
  2. Complete the program and the agreement's terms; the court then decides whether to dismiss and expunge.
  3. You may deliver copies of the order to affected agencies yourself (§ 77-2a-3(12)).
Where to file
The court handling the criminal case.
Cost
The statute sets no separate expungement fee for this route; a plea in abeyance fee and program costs may apply (§ 77-2a-3(5)).
Court hearing
Sometimes

Other relief

Motion to reduce a conviction (402 reduction)

Does not clear the record. The court enters the conviction at a lower degree, for example a felony as a class A misdemeanor, while the name of the offense stays the same (Utah Code § 76-3-402(14)). Because expungement waiting periods and exclusions depend on the degree, a reduction can make a conviction expungeable sooner or at all, and it doesn't prevent a later expungement (§ 76-3-402(12); Utah Courts).15,16

What it's for: Convictions where probation or parole has ended, or where enough time has passed after an unsuccessful discharge or a rehabilitation program.

Who can use it

  • After you are successfully discharged from probation or parole, if the court finds a reduction is in the interest of justice (§ 76-3-402(3)).
  • If probation or parole didn't end successfully: 5 years after sentencing in a later case where you were successfully discharged (3 years with the prosecutor's consent); 3 years after completing a rehabilitation program such as a certified drug, veterans or mental health court; or 5 years after the unsuccessful discharge (§ 76-3-402(4)-(6)).
  • For those three routes, you can't have been convicted of a serious offense (anything other than a traffic or minor regulatory offense) during the waiting period, can't have charges pending, and can't be on probation, on parole or incarcerated for another offense; a violent felony also needs the prosecutor's consent (§ 76-3-402(4)-(6)).
  • The court weighs the offense, the harm to any victim and victim input, and may consider your history, work, programs and effect on professional licensing (§ 76-3-402(8)).

What doesn't qualify

  • Any unpaid court-ordered restitution for the offense (§ 76-3-402(13)(b)).
  • Convictions that require sex, kidnap or child abuse offender registration, until registration has ended; lifetime registrants can't get a reduction (§ 76-3-402(15)).
  • Reductions of more than one degree without the prosecutor's written or on-record agreement, and of more than two degrees in any case (§ 76-3-402(11)).
  • A reduction specifically barred by law, or a further reduction of an offense already reduced under a plea in abeyance (§§ 76-3-402(13)(a), 77-2a-3(3)(b)).

How long you have to wait

RecordWaiting period
Probation or parole completed successfullyAfter successful discharge
Unsuccessful discharge, then successful discharge in a later case5 years after sentencing in the later case3 years if the prosecutor consents (§ 76-3-402(4)(b)).
Unsuccessful discharge, then completed rehabilitation program3 years after completing the program
Unsuccessful discharge5 years after the unsuccessful discharge

How to apply

  1. Fill out the Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2) and file it in the original criminal case, with any proof such as a program completion certificate (Utah Courts).
  2. Ask the prosecutor whether they will agree; if not, serve them a copy. The prosecutor must respond within 35 days and will notify any victims (§ 76-3-402(9)(d); Utah Courts).
  3. Either side can request a hearing. If no one responds, file a Request to Submit for Decision and the proposed order (Utah Courts).
  4. If the motion is granted, confirm with BCI that the reduction appears on your criminal history; you may need to give BCI a certified copy (Utah Courts).
Where to file
The court that handled the original criminal case, in the same case number (Utah Courts).
Cost
The courts' 402 page does not list a filing fee for this motion; ask the court clerk.
Court hearing
Sometimes
How long it takes
The prosecutor must respond within 35 days after the motion is filed (§ 76-3-402(9)(d)).

Official forms

Pardon

Pardon from the Board of Pardons and Parole

When the Board grants a pardon, it issues an expungement order that has at least the same legal effect as a court expungement order, directing criminal justice agencies to remove your identifying information from records of the pardoned convictions. Pardoned convictions don't count against future expungement eligibility (Utah Code § 77-27-5.1).17,18,19

What it's for: Utah convictions, including ones that can't be expunged by petition.

Who can use it

  • Absent extraordinary circumstances, the Board accepts an application only after at least 5 years have passed since the sentence for the conviction, and any enhancement period, terminated or expired (Utah Admin. Code R671-315-1(1)(b)). The Board's page describes this as 5 years after all sentences and probation or parole supervision ended, along with a significant period of exemplary citizenship and evidence of rehabilitation (Board of Pardons and Parole).
  • The Board considers an application only after you have used the court remedies available to you, including expungement (R671-315-1(1)(a)).
  • The Board generally requires that all restitution, fines and fees be paid (Board of Pardons and Parole).
  • A pardon is discretionary: the Board decides whether to hold a hearing and may deny, grant in part, grant with conditions, or grant a full and unconditional pardon (Board of Pardons and Parole).

What doesn't qualify

  • For offenses requiring sex offender registration, the Board may not consider a pardon until 10 years (10-year registrants) or 20 years (lifetime registrants) after the later of probation, release to parole, sentence termination or entry into a community residential program (§ 77-27-5.6, effective May 6, 2026). The Board says this applies to every decision made on or after May 6, 2026, whenever the application was filed.
  • Infractions and successfully completed pleas in abeyance (R671-315-1(1)(c)).
  • Posthumous applications, and applicants unwilling to attend the hearing in person (R671-315-1(2)(c)-(d)).

How long you have to wait

RecordWaiting period
Most convictionsAt least 5 years after the sentence and any enhancement period endBoard rule, not a statute; the Board may make exceptions for extraordinary circumstances (Utah Admin. Code R671-315-1(1)(b)).
Offense requiring sex offender registration10 years (10-year registrants) or 20 years (lifetime registrants)§ 77-27-5.6.

How to apply

  1. Apply online through the Board's MyPATH system using a Utah ID account, uploading supporting documents as PDFs (Board of Pardons and Parole).
  2. The Board decides whether to grant a hearing and notifies the police agency, the judge, the prosecutor and any victims, who may comment (Board of Pardons and Parole).
  3. If a hearing is granted, attend in person at the Board's office in Murray; hearings are public and recorded (Board of Pardons and Parole).
  4. After a pardon, BCI requires a processing fee ($100 in the Legislature's fee schedule for July 2026 to June 2027) before it expunges its record, and it has an application for Board of Pardons expungement orders (§ 77-40a-401(2); H.B. 8, 2026; BCI).
Where to file
Utah Board of Pardons and Parole, 448 East Winchester Street (6400 South), Suite 300, Murray.
Cost
The Board's page lists no application fee. After a pardon, BCI charges a processing fee before expunging its record (§ 77-40a-401(2)); the Legislature's approved fee schedule for July 2026 to June 2027 lists $100 for 'Board of Pardons expungement processing' (H.B. 8, 2026).
Court hearing
Yes
How long it takes
Hearings are scheduled by calendar availability (Board of Pardons and Parole).

Official forms

Vacating a conviction

Vacatur for survivors of human trafficking

The court vacates the conviction and sentence and orders the records expunged (Utah Code § 78B-9-108(2)). You may respond to inquiries as though the conviction did not occur. Agencies must expunge your identifying information and may share the records only with you or Peace Officer Standards and Training, and vacated convictions don't count against future expungement eligibility (§ 77-40a-402).1,22,23

What it's for: Convictions for certain lower-level offenses committed while the person was subject to force, fraud or coercion.

Who can use it

  • You committed the offense while subject to force, fraud or coercion as defined in § 76-5-308 (§ 78B-9-104(1)(h)).
  • The offense is one of these: drug possession, aiding prostitution, criminal trespass, theft, possession of a forged writing or device, retail theft, unlawful possession of another's identification document, lewdness, engaging in prostitution, sexual solicitation by offering sexual activity for compensation, or sexual solicitation of a child under § 76-5d-210 (§ 78B-9-104(1)(h)).
  • The petition generally must be filed within one year after the claim arises, for example after the time to appeal ends or after you knew or should have known the facts it is based on. The deadline is paused for any time force, fraud or coercion kept you from filing (§ 78B-9-107(1)-(3)).

What doesn't qualify

  • Offenses not on that list (§ 78B-9-104(1)(h)).
  • Claims barred by the postconviction rules, such as grounds already decided at trial, on appeal or in an earlier petition; a failure to raise the claim earlier because of force, fraud or coercion is excused (§ 78B-9-106(1), (3)(b)).

How long you have to wait

RecordWaiting period
Listed offense committed under force, fraud or coercionNo waiting period statedThere is a filing deadline instead: generally one year after the claim arises, paused while force, fraud or coercion prevented filing (§ 78B-9-107).

How to apply

  1. File a petition for postconviction relief under Utah's Postconviction Remedies Act on this ground (§ 78B-9-104(1)(h)).
  2. If the court grants it, deliver the vacatur order to every affected agency. For BCI, attach a completed application for a certificate of eligibility with your identifying information and fingerprints; BCI has an Application for Vacatur Expungement (§ 77-40a-402(1)-(2); BCI).
Where to file
The district court of original jurisdiction (§ 78B-9-104(1)).
Cost
We found no court filing fee listed for a postconviction petition. After a vacatur, BCI charges a processing fee for the vacatur expungement order: $65 in the Legislature's approved fee schedule for July 2026 to June 2027 (H.B. 8, 2026).

Official forms

Automatic clearing

Utah's Clean Slate law, H.B. 431 (2019), took effect May 1, 2020; the current statute's automatic-expungement and deletion timelines run from that date (§§ 77-40a-202, 77-40a-204(4)). It requires courts and BCI to expunge eligible cases without a petition: acquittals after 60 days, dismissals with prejudice after 180 days, and cases where every conviction (or plea in abeyance or without-prejudice dismissal) is a class B or C misdemeanor, an infraction or class A drug possession, after 6, 5 and 7 years with no disqualifying record, unpaid court debt, pending case, or state supervision (Utah Code §§ 77-40a-205, 77-40a-206). Prosecutors get monthly notice and 35 days to object. H.B. 352 (2024) required people to submit a form to get automatic expungement from October 1, 2024 through December 31, 2025; since January 1, 2026, courts again identify and expunge eligible cases on their own (§ 77-40a-204; Utah Courts). Courts also delete traffic-only cases after an acquittal, a dismissal with prejudice, or 5-6 years (§ 77-40a-202). As amended effective May 6, 2026, the clean slate exclusions also expressly list DUI as codified before February 2, 2005 (§ 77-40a-205(3)(f)(ix)). Automatic expungement covers only court and BCI records; other agencies' records need a petition (§ 77-40a-207(4)).1,3,6,26

DUI and DWI records in Utah

DUI and reckless driving cases can't be expunged automatically, and DUI isn't a 'traffic offense' for court deletion (Utah Code §§ 77-40a-205(3)(f)(vi), 77-40a-101(24)(b)). Misdemeanor DUI-type convictions listed in § 41-6a-501(2) can be expunged by petition 10 years after the later of conviction or release from incarceration, parole or probation, if all other requirements are met (§ 77-40a-303(1)(c)(i)). That list includes DUI, impaired driving, driving with a measurable controlled substance, chemical test refusal, alcohol- or drug-related reckless driving before July 1, 2008, and negligently operating a vehicle resulting in injury under § 76-5-102.1 (§ 41-6a-501(2)). Felony DUI-type convictions under § 41-6a-501(2) can't be expunged (§ 77-40a-303(2)(a)(iv)). DUI cases can't be resolved with a plea in abeyance (§ 77-2a-3(8)), a pre-July 1, 2008 DUI plea in abeyance counts as a conviction for expungement, and a DUI reduced under § 76-3-402 still counts as a DUI-type conviction (§ 41-6a-501(2)). BCI's page lists the wait as '10 years - DUI/DWI/Impaired Driving'. We did not confirm how expungement affects Driver License Division records.1,5,12,13,14

Arrests and dismissed charges

Acquittals are expunged automatically after 60 days and dismissals with prejudice after 180 days (Utah Code § 77-40a-206); plea in abeyance and without-prejudice dismissals of lower-level misdemeanor charges are expunged automatically after 5-7 years (§ 77-40a-205). Automatic expungement covers court and BCI records only. For other records, or other dismissals, you can get a BCI certificate of eligibility 30 days after the arrest when no charges will be filed, the case was dismissed with prejudice, you were acquitted, or the limitations period ran; for a dismissal without prejudice you need the prosecutor's written consent or 180 days (§ 77-40a-302), then petition the court. BCI doesn't charge the certificate fee for dismissals, acquittals and declined charges, except plea in abeyance or diversion dismissals (§ 77-40a-304(3)). Separately, 30 days after a dismissal with no appeal, you can ask the court to remove the link between your name and birth date and the case in public court search databases, unless a charge was a domestic violence offense; the case stays searchable by case number unless expunged (§ 77-40a-105).1,3,8

Marijuana records

Utah has no recreational marijuana law and no marijuana-specific clearing program. Marijuana possession counts as a 'drug possession offense', except possession of 100 pounds or more (Utah Code § 77-40a-101(15)). Drug possession offenses get a shorter 5-year wait for felonies and their own conviction limits in the petition process (§ 77-40a-303(1)(c), (5)), and misdemeanor possession cases can be expunged automatically after 6 years (class B) or 7 years (class A) (§ 77-40a-205). People who had a qualifying medical condition when arrested, and possessed cannabis in a form and amount to treat it, can petition the court directly without a BCI certificate (§ 77-40a-305(4)). We found no Utah pardon program for marijuana convictions.1,5

What employers can see afterward

After an expungement, you may respond to any inquiry as though the arrest or conviction did not occur, unless a law or court order says otherwise (Utah Code § 77-40a-401(5)). Utah law specifically lets a job applicant answer a private employer's question about an expunged criminal or juvenile record as though it never happened (§ 34-52-301), and gives the same right with public employers (§ 34-52-201(4)). Public employers may not exclude applicants from an initial interview because of a past conviction, an expunged conviction, a juvenile arrest or adjudication, so they can't require disclosure on the application or before the first interview (or before a conditional offer if there's no interview), and may not ask about expunged records; they may ask about convictions at or after the interview (§ 34-52-201). Exemptions include jobs where law requires considering criminal history, law enforcement and criminal or juvenile justice agencies, volunteers, work with children or vulnerable adults, and financial or fiduciary positions (§ 34-52-201(6)). A version of § 34-52-201 enacted in 2026 takes effect January 1, 2027; it narrows one exception in the rules for mental health professional applicants and doesn't change the rules described here. We found no Utah law limiting when other private employers may ask about unexpunged convictions. Some agencies can still get expunged records on request, including the Board of Pardons and Parole, Peace Officer Standards and Training, the State Board of Education, the Department of Criminal Justice for judicial applicants, and federal authorities when federal law requires (§ 77-40a-403(2)).1,8,27,28

Free help in Utah

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.29,30,31
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.32,33

This page explains Utah's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Utah?" https://secondchanceindex.com/record-clearing/utah, checked October 22, 2026.

Embed this answer on your site · Download it as an image

Sources

Each source was opened and checked on October 22, 2026.

  1. Utah Code §§ 77-40a-201 to 77-40a-207
  2. Utah Code § 77-40a-205, Automatic expungement of state records for a clean slate case (effective May 6, 2026)Utah State Legislature
  3. Expunging Adult Criminal RecordsUtah State Courts
  4. Auto Expungement/Clean Slate ExpungementUtah Department of Public Safety, Bureau of Criminal Identification
  5. ExpungementsUtah Department of Public Safety, Bureau of Criminal Identification
  6. H.B. 352 (2024) Amendments to ExpungementUtah State Legislature
  7. H.B. 8 (2026) State Agency Fees and Internal Service Fund Authorization and Appropriations, Section 3 fee schedule for FY 2027 (Bureau of Criminal Identification fees, lines 6444-6504)Utah State Legislature
  8. Expungements FAQUtah Department of Public Safety, Bureau of Criminal Identification
  9. Filing/Record Fees (filing fees effective May 6, 2026)Utah State Courts
  10. Fees and Fee WaiverUtah State Courts
  11. Expungement Tool KitSalt Lake County Office of Homelessness & Criminal Justice Reform
  12. Utah Code §§ 77-40a-303 to 77-40a-307
  13. Utah Code § 41-6a-501, Definitions (DUI-related convictions)Utah State Legislature
  14. Utah Code § 77-2a-3
  15. Utah Code § 76-3-402
  16. Motion to Reduce Conviction (402 Motion)Utah State Courts
  17. Utah Code §§ 77-27-5.1, 77-27-5.6
  18. Utah Code § 77-27-5.6, Pardon timelines for an offender on the Sex, Kidnap, and Child Abuse Offender Registry (effective May 6, 2026)Utah State Legislature
  19. PardonsUtah Board of Pardons and Parole
  20. Expungement Forms (Board of Pardons expungement orders)Utah Department of Public Safety, Bureau of Criminal Identification
  21. Utah Admin. Code R671-315, Pardons (R671-315-1; date of last change January 16, 2026), Administrative Code under Pardons (Board of), Administration (R671)Utah Office of Administrative Rules
  22. Utah Code §§ 78B-9-104(1)(h), 78B-9-108(2), 77-40a-402
  23. Utah Code § 78B-9-108, Effect of granting reliefUtah State Legislature
  24. Utah Code § 78B-9-106, Preclusion of relief -- ExceptionUtah State Legislature
  25. Utah Code § 78B-9-107, Statute of limitations for postconviction reliefUtah State Legislature
  26. H.B. 431 (2019), Clean Slate (effective May 1, 2020)Utah State Legislature
  27. Utah Code Title 34, Chapter 52, Reducing Barriers to Employment for Individuals with Criminal Records (§ 34-52-301, Permitted applicant response regarding expunged history)Utah State Legislature
  28. Utah Code § 34-52-201, Public employer requirements (current version effective May 7, 2025; amended version effective January 1, 2027, ch. 445, 2026 General Session)Utah State Legislature
  29. List of consumer reporting companiesConsumer Financial Protection Bureau
  30. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  31. Employer Background Checks and Your RightsFederal Trade Commission
  32. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  33. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)