Utah Expungement & Record Sealing Guide

Who Qualifies for Expungement in Utah?

Utah has one of the most progressive automatic sealing systems in the country, covering both misdemeanors and some felony convictions.

Automatic Sealing (Clean Slate Act — No Action Required)

• Infractions: 3 years after sentence completion
• Class B and C misdemeanor convictions: 4 years after sentence completion
• Class A misdemeanor convictions: 5 years after sentence completion
• Third degree felony convictions: 7 years after sentence completion
• No new criminal convictions during the waiting period
• All fines and restitution paid

Petition-Based Expungement

• Available for those who don't qualify for automatic sealing (e.g., first-degree and second-degree felonies, drug-related felonies with specific criteria)
• Certificate of Eligibility required from Bureau of Criminal Identification (BCI) before filing

Not Eligible for Automatic Sealing

• First and second degree felony convictions
• Capital offenses
• Sex offenses requiring registration
• Violent felonies
• DUI convictions (limited eligibility)

Step-by-Step: How to Clear Your Record in Utah

Automatic Sealing

No action required. Utah's BCI identifies eligible records and seals them automatically. You can verify by requesting your criminal history from BCI (bci.utah.gov).

Petition-Based Expungement

1. Apply for a Certificate of Eligibility — From Utah BCI. Fee: $65. BCI verifies your criminal history and confirms eligibility. Processing takes 30–60 days.
2. File petition with the court — Once you receive the Certificate, file in the district court of conviction.
3. Serve required agencies — District attorney, BCI, and arresting agencies.
4. Hearing (if DA objects) — Otherwise granted without hearing.
5. Order issued — BCI and all agencies seal records within 30 days.

Waiting Periods

• Non-conviction (dismissed/acquitted): Immediate
• Infraction: 3 years
• Class B/C misdemeanor: 4 years
• Class A misdemeanor: 5 years
• Third degree felony: 7 years

Costs

• Automatic sealing: Free
• BCI Certificate of Eligibility: $65
• Court filing fee: Minimal
• Attorney fees: $500–$2,000

Utah Legal Services offers free assistance at utahlegalservices.org.

What Record Clearing Does (and Doesn't) Do in Utah

After a successful expungement or sealing in Utah, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Utah for advice specific to your situation.