A criminal record follows you. It shows up on background checks when you apply for a job, look for an apartment, try to get a professional license, or apply for school. Even if the charges were minor, even if they happened years ago, the record is still there, and it's still costing you.
Utah law allows certain criminal records to be expunged, which means the court seals them from public view. Once a record is expunged, it no longer appears on standard background checks, and in most situations you can legally say the arrest or conviction never happened.
This article explains how expungement works in Utah, who qualifies, what the process looks like, and when it makes sense to hire an attorney.
What Expungement Actually Does
When a court expunges your record, it seals all documents related to the case. The arrest, the charges, and the conviction are removed from public databases. Employers, landlords, and licensing boards running standard background checks will not see them.
After expungement, you can legally answer "no" when asked whether you have been convicted of a crime on job applications, rental applications, and most other forms. The case is treated as though it did not happen.
What expungement does not do: Certain government agencies retain access to sealed records. These include the Board of Pardons and Parole, Peace Officer Standards and Training (POST), federal law enforcement, the Division of Occupational and Professional Licensing (DOPL), and the State Office of Education. Expunged records can also be accessed in future felony proceedings. Expungement seals the record from the public, it does not destroy it entirely.
Utah's Clean Slate Law, What Happens Automatically
Utah was one of the first states in the country to pass a "Clean Slate" law, which took effect in 2022 and was updated again in January 2026. Under this law, certain minor criminal records are identified and expunged automatically by the courts without anyone having to file anything.
As of January 1, 2026, the court identifies and clears eligible cases on its own. You do not need to file a form or petition for automatic expungement. The court does it.
Cases that qualify for automatic expungement under Clean Slate include acquittals (sealed within 60 days), dismissals with prejudice (sealed within 180 days), most class B and C misdemeanor convictions after the applicable waiting period, class A misdemeanor drug possession convictions after the waiting period, and infractions.
Cases that do not qualify for automatic expungement include domestic violence offenses, DUIs, registerable sex offenses, certain weapons offenses, and simple assault.
The honest truth about Clean Slate: If your record involves only minor offenses and enough time has passed, the court may have already expunged it or will do so automatically. You do not necessarily need an attorney for this. However, the automatic system does not cover everything, and it does not always work on schedule. If your record has not been cleared and it should have been, or if your charges fall outside the Clean Slate categories, that is where a petition-based expungement, and an attorney, comes in.
Petition-Based Expungement, When You Need to File
For records that do not qualify for automatic expungement, Utah allows you to petition the court to expunge them. This covers a wider range of offenses, including felonies, DUIs, class A misdemeanors, and cases that exceed the Clean Slate thresholds.
The petition process requires you to apply to the Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, file a petition with the court that handled your case, respond to any objections from the prosecution, and attend a hearing if one is scheduled.
Who Is Eligible
Eligibility depends on what you were convicted of, how many convictions you have, how much time has passed, and whether you have completed all terms of your sentence.
Waiting Periods
| Offense Type | Waiting Period |
|---|---|
| Class C misdemeanor or infraction | 5 years |
| Class B misdemeanor | 6 years |
| Class A misdemeanor | 5 years |
| Class A misdemeanor drug possession | 7 years |
| Felony conviction (eligible offenses) | 7 years |
| DUI / impaired driving | 10 years |
| Acquittal (not guilty) | 60 days |
| Dismissal with prejudice | 180 days |
The waiting period begins when the case is closed, meaning you have completed your sentence, been discharged from probation or parole, and paid all fines and restitution in full.
Conviction Limits
Even if you have waited long enough, you may be ineligible if you have too many convictions on your record. Utah sets the following limits. You cannot receive a certificate of eligibility if your criminal history contains two or more felony convictions (not counting drug possession), each arising from a separate criminal episode. You also cannot qualify if your record contains three or more felony drug possession convictions from separate episodes, any combination of five or more drug possession convictions from separate episodes, or five or more total convictions of any type.
What Cannot Be Expunged
Some offenses are permanently ineligible for expungement in Utah, regardless of how much time has passed. These include capital felonies, first-degree felonies involving violence, felony automobile homicide, felony DUI, registerable sex offenses, and registerable child abuse offenses.
Important: If you are not sure whether your conviction is eligible, do not guess. The eligibility rules are specific and depend on the exact statute you were convicted under, not just the general category of offense. An attorney can pull your BCI record and tell you exactly where you stand.
What a Clean Record Means for Your Life
The practical impact of expungement is significant. A criminal record, even a misdemeanor from years ago, creates barriers that most people do not fully appreciate until they run into them.
Employment. Employers running background checks will not see an expunged record. You can answer "no" on applications that ask about criminal history. For jobs that require background checks, healthcare, education, finance, government, this can be the difference between getting hired and being screened out before an interview.
Housing. Landlords routinely run criminal background checks on rental applicants. An expunged record will not appear, removing one of the most common reasons for application denials in a tight housing market.
Professional licensing. Many professional licenses in Utah require disclosure of criminal history. Expungement can open doors to careers in nursing, teaching, real estate, cosmetology, and other licensed professions that would otherwise be difficult or impossible to enter.
Education and financial aid. A clean record may restore eligibility for certain student loans, scholarships, and educational programs that exclude applicants with criminal convictions.
Peace of mind. There is real value in being able to move forward without a record hanging over every application, every interview, and every new opportunity. Expungement does not erase what happened, but it removes the legal burden of carrying it indefinitely.
The Expungement Process Step by Step
Step 1: Obtain a Certificate of Eligibility. You apply to the Bureau of Criminal Identification (BCI) for a determination of whether your record qualifies. BCI reviews your criminal history against the statutory requirements and issues the certificate if you are eligible. The certificate is valid for 180 days.
Step 2: File a Petition with the Court. Once you have the certificate, you file a petition for expungement with the court that handled your original case. There are filing fees involved, though fee waivers are available if you qualify based on income.
Step 3: Prosecution Review. The prosecutor has an opportunity to object to the expungement. In most cases involving older, minor offenses where all conditions have been met, the prosecution does not object. If they do, a hearing is scheduled.
Step 4: Court Order. If the petition is granted, the court issues an order of expungement. All agencies holding records related to the case, law enforcement, courts, BCI, are required to seal them.
Why Hire an Attorney for an Expungement
Expungement petitions are not the most complex legal filings in the world. But they are also not as simple as filling out a form. Here is where an attorney adds real value.
Eligibility is not always obvious. The conviction limits, waiting periods, and offense classifications interact in ways that are not straightforward. A conviction that looks like a simple misdemeanor on paper may have been charged under a statute that makes it ineligible. An attorney reviews the actual charges and dispositions on your BCI record, not just what you remember.
BCI records contain errors. It is not uncommon for criminal history records to contain mistakes, wrong disposition dates, incorrect charge classifications, missing dismissals. An attorney can identify and correct these before filing, which prevents delays and denials.
Prosecutors sometimes object. When they do, you need someone who can respond effectively and argue your case at a hearing. This is courtroom work, not paperwork.
Multiple convictions require strategy. If you have more than one conviction, the order in which you seek expungement matters. An attorney can plan the sequence to maximize the number of records you can clear.
Time matters. Every day your record remains public is a day it can cost you a job, an apartment, or an opportunity. An attorney who handles expungements regularly knows how to move the process efficiently and avoid the delays that come from filing errors or incomplete applications.
Ready to Clear Your Record?
Find out if you qualify for expungement. Consultations are free and confidential. Jim Tily will review your record and give you a straight answer about your options.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Every case is different. Eligibility for expungement depends on the specific facts of your criminal history. Contact an attorney to discuss your situation.