Criminal Identification (BCI) Menu

Auto Expungement/Clean Slate Expungement

Information regarding clean slate expungement can be found at www.cleanslateutah.org.


Coming Spring 2023

BCI is currently working on an application process for person(s) who are wanting to see what has been Automatically Expunged. You will be required to submit fingerprints and pay a fee of $15 Once you have submitted your application you will receive a letter stating what you have or have not had Auto Expunged from your record. (Once the process is in place the application will be added to our forms and applications tab and also to this page)


General Information

Per Utah Code 77-40a-201 through 77-40a-203, 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 no application process for Auto/Clean slate eligible expungement.

Due to the volume of orders BCI is receiving, BCI cannot specify a specific date on which your charge/charges will be removed.


Eligibility for Automatic Deletion of Traffic Offense(s)

Per Utah Code 77-40a-202:

(1)(i) except as provided in Subsection (2)(e), a case that resulted in an acquittal on all charges;

(ii) except as provided in Subsection (3)(e), a case that is dismissed with prejudice; or

(iii) a case that is a clean slate eligible case.

(b) This section does not govern automatic expungement of a traffic offense.


Eligibility for Automatic Expungement

Per Utah Code 77-40a-201:

(1)(i) except as provided in Subsection (2)(e), a case that resulted in an acquittal on all charges;

(ii) except as provided in Subsection (3)(e), a case that is dismissed with prejudice; or

(iii) a case that is a clean slate eligible case.

(b) This section does not govern automatic expungement of a traffic offense.

(2)(a) Except as provided in Subsection (2)(e), the process for automatic expungement of records for a case that resulted in an acquittal on all charges is as described in Subsections (2)(b) through (d).


Eligibility for Clean Slate Expungement

Per Utah Code 77-40a-101:

(4)(a) Except as provided in Subsection (4)(c), “clean slate eligible case” means a case:

(i) where each conviction within the case is:

(A) a misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); 

(B) a class B or class C misdemeanor conviction; or

(C) an infraction conviction;

(ii) that involves an individual: 

(A) whose total number of convictions in Utah state courts, not including infractions, traffic offenses, or minor regulatory offenses, does not exceed the limits described in Subsections 77-40a-303(5) and (6) without taking into consideration the exception in Subsection 77-40a-303(8); and

(B) against whom no criminal proceedings are pending in the state; and 

(iii) for which the following time periods have elapsed from the day on which the case is adjudicated: 

(A) at least five years for a class C misdemeanor or an infraction; 

(B) at least six years for a class B misdemeanor; and 

(C) at least seven years for a class A conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i). 

(b) “Clean slate eligible case” includes a case: 

(i) that is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) if: (

A) except as provided in Subsection (4)(c), each charge within the case is a misdemeanor for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i), a class B or class C misdemeanor, or an infraction;

(B) the individual involved meets the requirements of Subsection (4)(a)(ii); and 

(C) the time periods described in Subsections (4)(a)(iii)(A) through (C) have elapsed from the day on which the case is dismissed; or where charges are dismissed without prejudice if each conviction, or charge that was dismissed, in the case would otherwise meet the requirements under Subsection (4)(a) or (b)(i). 

(c) “Clean slate eligible case” does not include a case: 

(i) where the individual is found not guilty by reason of insanity; 

(ii) where the case establishes a criminal accounts receivable, as defined in Section 77-32b-102, that: 

(A) has been entered as a civil accounts receivable or a civil judgment of restitution, as those terms are defined in Section 77-32b-102, and transferred to the Office of State Debt Collection under Section 77-18-114; or 

(B) has not been satisfied according to court records; or

(iii) that resulted in one or more pleas held in abeyance or convictions for the following offenses:

(A) any of the offenses listed in Subsection 77-40a-303(1)(a); 

(B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against the Individual;

(C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;

(D) sexual battery in violation of Section 76-9-702.1; 

(E) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5; 

(F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(G) damage to or interruption of a communication device in violation of Section 76-6-108;

(H) a domestic violence offense as defined in Section 77-36-1; or

(I) any other offense classified in the Utah Code as a felony or a class A misdemeanor other than a class A misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).

***Diversion will be treated as a dismissed with prejudice or as if the charge had never been filed in accordance with 77-40a-201 time periods do not apply     

Administer access under 77-40a-404 when a person wants access to their expunged record