Criminal Identification (BCI) Menu

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”.

Eligibility for Automatic Deletion of Traffic Offense(s)

Per Utah Code 77-40a-202 the following cases can be expunged automatically through the courts. BCI does not receive or index expunged traffic offenses.

DUI is not considered a traffic offense.

  • Acquittal on all charges
  • Dismissed with prejudice; except for a case that is dismissed with prejudice as a result of
    successful completion of a plea in abeyance.
  • A traffic case for which the the following time periods have elapsed from the day on which the case was adjudicated:
    • 5 years – Class C Misdemeanors or Infractions
    • 6 years – Class B Misdemeanors

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.detail.html?formNumber=1200EX


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 Automatic Expungement

Per Utah Code 77-40a-206: Cases that resulted in acquittal on all charges and 60 days have passed after the day on which the case resulted in an acquittal or dismissed with prejudice. At least 180 days have passed for a case in which no appeal was filed for a case that was dismissed with prejudice; or for a case in which an appeal was filed, a court issues a final non appealable order.

Cases are not eligible for Automatic Expungement if:

  • The case was dismissed due to successful completion of a plea in abeyance agreement
  • The case was acquitted due to reasons of insanity

Eligibility for Clean Slate Expungement

Per Utah Code 77-40a-205: A case is eligible for a Clean Slate Expungement if

  • The prosecuting agency does not object to the expungement
  • Each conviction within the case is as follows:
    • 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
  • The following time periods have passed after the day on which the individual is adjudicated:
    • 5 years – Class C Misdemeanor or Infraction offenses
    • 6 years – Class B Misdemeanor offenses
    • 7 years – Class A Misdemeanor offenses of possession of a controlled substance under 58-37-8(2)(a)(i)
  • The total number of convictions in the court systems, not including the “10 year rule”, infractions, traffic offenses, or minor regulatory offenses, does not exceed the limit set in 77-40a-303(4) or (5).

You are NOT eligible for a Clean Slate Expungement if:

  • There is a criminal proceeding pending in the courts for a misdemeanor or felony offense.
  • The individual is currently incarcerated in the state prison, on probation, or parole as of January 1, 2025.
  • The case resulted in the individual being found not guilty due to reasons of insanity
  • Owe state debt on the case
  • If the case resulted in a plea in abeyance OR a conviction for the following offenses:
    • Any other offense classified as a felony or a misdemeanor A, other than a misdemeanor A offense of possession of a controlled substance
    • Capital Felony
    • First Degree Felony
    • A felony of a violent felony described in 76-3-203.5(1)(c)(i)
    • Felony DUI
    • An offense OR a combination of offenses that would require the individual to register as a sex offender
    • A registerable child abuse offense
    • An offense against a person listed under Title 76 Chapter 5
    • A weapons offense in violation of Title 76 Chapter 10 Part 5
    • Sexual battery
    • An act of lewdness
    • DUI/ Reckless driving
    • Damage to or interruption of a communication device
    • Domestic violence