How do I expunge my record in Utah?: 7 Mistakes to Avoid

Expungement means sealing your criminal record from public view under Utah law. If granted, most employers, landlords, and the public can no longer see your record. However, not all offenses or situations qualify. The process is governed by Utah Code § 77-40.

• Only certain misdemeanors and felonies can be expunged
• You must meet strict waiting periods and deadlines
• Several steps (and fees) are involved—from fingerprinting to court petitions

Careful planning makes a huge difference. The following mistakes can set you back months or years.

Some Utahns try to expunge records for charges or convictions that can’t be sealed—like certain violent felonies or sex offenses. Under Utah Code, recent DUIs, pending charges, and many registrable offenses are also ineligible (Utah Code § 77-40-105).

• Get an official copy of your criminal history before applying
• Review eligibility and waiting periods for each offense
• If in doubt, consult a Utah attorney for help

Example: In West Valley City, a resident attempted to expunge a domestic violence charge within the waiting period and was denied, losing fees and time.

Expungement in Utah requires several key documents: a Bureau of Criminal Identification (BCI) certificate, court filings, and often, service of papers to prosecutors. Forgetting one step can stall your case or force a restart.

1. Request BCI eligibility certificate (Utah Code § 77-40-103).
2. File your petition with the correct Utah court.
3. Serve a copy to the prosecutor.
4. Pay all court costs and expungement fees.

Tip: Carefully follow timelines. Missing even one step can result in rejection.

If you owe fines, court fees, or restitution related to the case, Utah courts usually won’t grant expungement until everything is paid (Utah Code § 77-40-104).

• Check with the court clerk or online system for outstanding balances
• Clear up all debts to avoid automatic denial

Many applicants in Provo or Layton are turned away simply because an old surcharge wasn’t satisfied.

Watch this Utah-specific video for stories and advice on avoiding common expungement pitfalls from real Utah attorneys.

This Utah video highlights common expungement errors—learn what courts and lawyers see most often.

Utah law enforces mandatory waiting periods after a case closes and all probation, parole, or jail time is over. These range from 3 to 10 years, depending on the offense. Applying early means automatic denial and lost fees (Utah Code § 77-40-105).

1. Check conviction date and ensure all court terms are complete
2. Wait the full period before submitting your petition

Example: In St. George, multiple applications were denied for being submitted less than 5 years after a felony drug conviction.

Utah’s expungement process lets you clear multiple eligible cases, but you must list each one in your petition. Omitting an eligible charge means it stays public—even if it could be sealed.

• Review your full BCI report for all qualifying cases
• Mention each one in your paperwork
• Don’t assume the court or BCI will catch everything

A Logan applicant had an old theft charge remain visible because it wasn’t included in the petition form. Double-check to avoid surprises later.

Since 2022, Utah offers automatic expungement for some lower-level offenses. Many people waste time and money applying for records that are already sealed under the Clean Slate Law.

• Check if your case qualifies for automatic expungement
• Use Utah’s online court system or contact BCI to confirm

This is especially helpful in Salt Lake County, where old misdemeanors may already be sealed. Don’t skip this step!

Even after the court signs your expungement order, you may need to send copies to police, BCI, or other agencies to finalize the process (Utah Code § 77-40-108).

1. Get certified copies of your expungement order from the court clerk
2. Mail or deliver them to all listed agencies and BCI
3. Check records after 60 days to make sure they’re sealed

Failure to complete these steps means your record could stay visible. Too many Utahns stop too early—always confirm your case is fully sealed.

• Visit the Utah BCI Expungement page for timelines and forms
• Keep copies of everything you send or receive
• Consider legal help, especially if your case is complex or involves multiple counties
• Don’t be discouraged if you hit a snag—Utah courts see thousands of successful expungements each year