Eligibility, waiting periods, and how to clear your record
A criminal case may be over, but the record can still appear when you apply for a job or housing. That can happen even when the charges were dismissed. Utah law allows many qualifying records to be expunged, which generally limits public access to them.
Some cases are expunged automatically. Others require an application to the Utah Bureau of Criminal Identification (BCI) and a petition to the court. Before you spend money on an application, it helps to know which process applies to your case.
What expungement does and does not change
Expungement generally seals or restricts access to government records of a qualifying arrest or criminal case. Utah law also generally allows you to answer questions as though the arrest or conviction did not happen, subject to legal exceptions.
Expungement does not erase every reference to the case. A news article may remain online, and a private background-check company may still report outdated information that must be disputed or corrected. Some government agencies can also access expunged records for purposes allowed by law.
If you are seeking expungement because of a professional license, an immigration matter, or a firearm restriction, get advice about that issue before relying on the order. Expungement does not automatically resolve every consequence of a conviction.
When Utah may expunge a case automatically
Utah provides automatic expungement for certain acquittals, dismissals with prejudice, and convictions that qualify under its Clean Slate law. For those cases, the courts identify eligible records without requiring you to obtain a BCI certificate or file an expungement petition.
For convictions, Clean Slate generally covers qualifying class A drug-possession misdemeanors, class B and C misdemeanors, and infractions. Waiting periods and other restrictions still apply. Felony convictions and several categories of misdemeanors are excluded. Some cases dismissed after successful completion of a plea-in-abeyance agreement can also qualify under the Clean Slate rules.
Do not assume that an eligible case has already been expunged. Utah’s My Court Case system can show whether a case is marked as expunged. If automatic relief is unavailable, you may still qualify to petition the court.
Who may qualify to petition the court
Eligibility depends on your full criminal history, not just the case you want cleared. BCI reviews relevant out-of-state matters and previously expunged convictions along with Utah records.
Certain convictions generally cannot be expunged through the ordinary certificate process. These include capital and first-degree felonies, specified violent felonies, felony DUI, and offenses subject to specified registration requirements. Exceptions and other possible remedies require a closer look at the particular case.
Pending charges or a pending plea in abeyance can prevent eligibility. So can incarceration, probation, or parole, although the law makes exceptions for certain minor matters. Protective orders and criminal stalking injunctions may also be disqualifying. Required financial obligations must be satisfied.
Multiple convictions make the analysis more complicated. Eligibility can depend on the types of offenses, whether they arose from separate criminal episodes, and how much time has passed. An old conviction is not automatically excluded from the calculation.
How long you must wait
For an eligible conviction, the ordinary petition-based waiting periods are:
| Conviction | General waiting period |
|---|---|
| Eligible felony | 7 years |
| Felony drug possession | 5 years |
| Class A misdemeanor | 5 years |
| Class B misdemeanor | 4 years |
| Class C misdemeanor or infraction | 3 years |
| Misdemeanor DUI covered by the statute | 10 years |
The waiting period generally starts on the date of conviction or release from incarceration, probation, or parole, whichever came last. Finishing probation, for example, may start the waiting period rather than end it.
Special rules apply to certain offenses, and automatic expungement uses different waiting periods. Enough time must pass, but time alone does not make a case eligible.
If charges were dismissed or never filed
You do not need a conviction to have a criminal record. An arrest, a dismissed charge, or an acquittal may still appear in a records search.
For the certificate-based process, at least 30 days generally must pass after the arrest or charging, and another qualifying condition must also be met. If no charges were filed, simply waiting 30 days is not enough. The law provides routes based on screening by law enforcement and the prosecutor followed by a decision not to file, or on expiration of the applicable statute of limitations.
A dismissal without prejudice requires particular attention because the charges may be refiled. Written prosecutorial consent or the passage of 180 days after dismissal can satisfy that part of the certificate requirements. The court-order statute separately requires written prosecutorial consent and that related charges have not been filed and are not intended to be refiled. Waiting 180 days, by itself, therefore does not guarantee expungement.
If you completed a plea-in-abeyance agreement, confirm that the court entered the required dismissal. Completing the agreement and having the case formally dismissed are separate steps.
How the petition process works
1 Review the record
Start with the final disposition of each case, the dates you completed any sentence, outstanding financial obligations, and any pending matters. An incomplete court record may need to be corrected before you apply.
2 Apply to BCI when required
Most petition-based cases require a certificate of eligibility from BCI. Certain statutory exceptions allow a petition without one. A certificate generally remains valid for 180 days, so you must file while it is still valid.
3 File the petition
Ordinarily, you file in the court where the criminal case was filed. Different rules apply if charges were never filed or the original court no longer exists. A filing fee may apply, and eligible applicants can request a fee waiver.
4 Address any objection
The prosecutor and any qualifying victim have an opportunity to respond. If a party objects, the court must schedule a hearing. The court must find the required elements by clear and convincing evidence, including that expungement would not harm the public interest.
5 Keep the order and check the records
If the court grants the petition, it notifies BCI, and BCI notifies the affected agencies. You may request certified copies within 28 days after the order is issued. Keep those copies and follow up if a later records search still shows information that should have been expunged.
Getting help with your record
Applying too early, overlooking an out-of-state case, or letting a certificate expire can cost time and money. Sometimes another step must come first, such as correcting a docket entry or obtaining a dismissal after completing a plea in abeyance. A conviction reduction may also be worth considering, but it has separate requirements.
Gordon Law Group helps people in Heber City, Heber Valley, and surrounding Utah communities review their records and determine whether expungement is available. To discuss your record and the next step, contact our office for a confidential consultation.
Utah expungement resources
Utah Courts guide to expunging adult criminal records
Utah Code Section 77-40a-303 – conviction eligibility and waiting periods
Utah Code Title 77 Chapter 40a Part 3 – petition requirements and procedure
