Auto Expungements
Auto Expungement/Clean Slate Expungement
General Information
A certificate of eligibility is not required for Auto/Clean Slate expungement. These expungements are initiated and completed via an automatic process in place between the Courts and BCI.
There is a form through the courts to submit a request for an auto expungement from October 1, 2024 through January 1, 2026.
Due to the volume of orders BCI is receiving, BCI cannot specify a specific date on which your charge/charges will be removed.
If you wish to see what has been Automatically Expunged and Petitioned expunged from your Utah Criminal History. You will be required to submit a valid form of ID and pay a fee of $15. Once you have submitted your application you will receive a letter stating what has been auto expunged AND petitioned expunged from your record. This application and instructions can be found by clicking on “Expungement Forms”.
Request for Automatic Expungement
Per Utah Code 77-40a-204: between October 1, 2024 and January 1, 2026 an individual must submit the necessary form to the court to receive an expungement of a case that is eligible for Clean Slate/Auto Expungement. Request forms can be found here – https://www.utcourts.gov/en/forms/forms/court-forms/form-detail
Once the form request has been filed, the court shall determine whether the individual has a case that qualifies for expungement under U.C.A 77-40a-205 and 77-40a-206. If the court finds the case to be eligible for expungement the court should expunge the case and notify BCI.
*** Currently there is a pause on the courts batch Clean Slate/ Automatic Expungements from October 1, 2024 through January 1, 2026 the courts will only be automatically expunging these form requests. ***
Eligibility for Auto Deletion of Traffic Offense(s)
Per Utah Code 77-40a-202: Qualifying cases matching the criteria below are automatically processed for expungement by the courts through the clean slate initiative:
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Acquittals: An official acquittal on all individual charges within the case.
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Dismissals: Cases dismissed entirely with prejudice (this legally excludes any cases that were dismissed following a completed plea in abeyance).
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Adjudication Timelines: Conviction cases where the specified statutory duration has successfully passed since the initial judgment date:
- 5 years: For Class C Misdemeanors or minor Infractions.
- 6 years: For Class B Misdemeanors.
Important Bureau Notice: BCI does not index or manage minor traffic offenses. Please note that Driving Under the Influence (DUI) offenses are structurally classified as public safety crimes and are not considered traffic offenses for auto-deletion purposes.
Eligibility for Clean Slate Expungement
Per Utah Code 77-40a-205: A case is eligible for an automatic Clean Slate Expungement if the prosecuting agency does not object, and the total number of convictions does not exceed the limit set in 77-40a-303(4) or (5).
Eligible Conviction Types
- ✅A misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i)
- ✅A class B misdemeanor offense
- ✅A class C misdemeanor offense
- ✅An Infraction
Required Time Periods Passed
Calculated after the day on which the individual is adjudicated:
- ✅5 years – Class C Misdemeanor or Infraction offenses
- ✅6 years – Class B Misdemeanors offenses
- ✅7 years – Class A Misdemeanor offenses of possession of a controlled substance under 58-37-8(2)(a)(i)
Eligibility for Clean Slate Expungement
Per Utah Code 77-40a-205: A case is eligible for an automatic Clean Slate Expungement if the prosecuting agency does not object, and the total number of convictions does not exceed the limit set in 77-40a-303(4) or (5).
Eligible Conviction Types
Required Time Periods Passed
Calculated after the day on which the individual is adjudicated:
Statutory Ineligibility
A criminal case is NOT eligible for automatic Clean Slate expungement if any of the following statutory conditions apply:
General Disqualifiers
- ❌There is an active, pending criminal proceeding for any misdemeanor or felony offense.
- ❌The individual is actively incarcerated, on probation, or on parole as of January 1, 2025.
- ❌The case resulted in a verdict of not guilty specifically due to reasons of insanity.
- ❌There is outstanding state debt, unpaid court fines, or unfulfilled victim restitution remaining on the case.
Disqualifying Offenses
The underlying case involved a plea in abeyance OR a conviction for any of the following:
- ❌Any Felony or Class A Misdemeanor (excluding the specific drug possession charges outlined).
- ❌Violent felonies as explicitly defined under Utah Code 76-3-203.5(1)(c)(i).
- ❌Capital Felony or First Degree Felony.
- ❌Felony DUI, standard DUI, or Reckless Driving offenses.
- ❌Domestic Violence, Sexual Battery, or public Lewdness.
- ❌Weapons offenses regulated under Title 76, Chapter 10, Part 5.
- ❌Offenses requiring compulsory sex offender or child abuse registration.
- ❌Offenses against a person classified under Title 76, Chapter 5.
- ❌Criminal damage to or physical interruption of an emergency communication device.