How do I expunge my record in Utah?: 10 Quick Questions Answered

Utah law lets many people expunge (clear or seal) certain criminal cases from their record. Eligibility depends on your specific charges, the outcome, and how much time has passed since your case closed. Some convictions, like certain violent felonies or sex offenses, are not eligible for expungement in Utah. For most people, eligibility can be checked under Utah Code § 77-40-105.

Utah allows expungement for many types of cases: most misdemeanors, some felonies, dismissed charges, and cases resulting in acquittal. If you completed requirements (like probation) and enough time has passed, you may be eligible. Cases like DUIs, domestic violence, or drug offenses are commonly expunged—for example, people in Ogden and Provo often apply once their post-sentence waiting period ends. Records of certain violent crimes aren’t eligible under Utah Code § 77-40-105(4).

The waiting period depends on your case type and whether it ended with a conviction, dismissal, or acquittal. For example, after a misdemeanor conviction in Salt Lake City, you typically must wait 3 to 5 years after completing your sentence—even community service or probation. For eligible felonies, the wait is usually 7 years. If your case was dismissed or you were found not guilty, you can often seek expungement immediately (Utah Code § 77-40-107).

Utah’s Clean Slate law (effective May 2020) automates expungement for some minor offenses, like dismissed cases or some misdemeanors, if you meet all requirements and have stayed out of trouble. Not all cases qualify—serious offenses and certain convictions require a regular petition to the court. Many Utahns in St. George and Logan have already benefited from this automatic relief under Utah Code § 77-40-115.

If your record doesn’t qualify for automatic expungement, you’ll need to petition the court. Here are the basic steps:

1. Request a criminal history report from the Utah Bureau of Criminal Identification (BCI).
2. File an application for a Certificate of Eligibility with BCI.
3. Once you get your certificate, fill out court forms and file your expungement petition in the court where your case was handled.
4. Pay applicable fees, unless you qualify for a fee waiver.
5. The court and prosecutor will review your petition; if there are no objections, the judge may sign the expungement order.
6. If granted, deliver copies of the order to law enforcement agencies and BCI to clear your record.

Each step has forms and deadlines, so check with your local courthouse or online guides for help. For detailed requirements, see Utah Code § 77-40-106.

The most common reasons Utah petitions are denied:

• You haven’t waited the required amount of time.
• Outstanding fines, court costs, or restitution are still unpaid.
• You’ve had too many convictions or more serious cases on your record.
• The offenses are excluded from expungement (like some sex offenses or violent felonies).

If your petition is denied, you can re-apply once you fix any issues or after more time passes. Find specifics under Utah Code § 77-40-108.

For each case, you’ll pay a fee to BCI for the Certificate of Eligibility (usually around $65 per case) and a separate filing fee when petitioning the court (about $135, as of 2024). Some courts offer fee waivers for those with low income. These costs apply across Utah, from Provo to Logan courts. For full details, reference Utah Code § 77-38-3.

Most expungements in Utah take a few months start to finish. BCI’s eligibility review can take 4–6 weeks. After you file with the court, it may be another 1–2 months depending on whether prosecutors object or ask for a hearing. Plan ahead if you need your record cleared for a job or housing application. Some Salt Lake City residents report expungement within 90 days, but delays can happen.

Once your Utah record is expunged, the public—including employers and landlords—cannot access it. However, certain agencies (like law enforcement or courts) may still view sealed records in special circumstances. If you apply for jobs with the government or positions involving children, a background check may reveal expunged cases. Learn more under Utah Code § 77-40-109.

Utah courts allow you to file an expungement on your own, and many people handle the paperwork without an attorney. There are guides online and at local self-help centers. However, if your case is complicated (multiple offenses, objections, or unclear eligibility), a Utah attorney can make the process smoother. In cities like St. George and Ogden, legal clinics or non-profits sometimes offer free help.

• Tip: Check the Utah Courts or BCI website for instructions and forms. Consider a lawyer if prosecutors object.

Yes—cleaning your Utah criminal record can open doors to jobs, rentals, or licensing. In Salt Lake City, many employers and landlords follow “ban the box” policies, but a background check still reveals non-expunged records. Many schools and volunteer organizations also benefit from a cleared Utah record. Expungement gives you a fresh start under Utah law.