Expungement Eligibility
Expungement Eligibility
Find out if your record can be cleared. Eligibility is based on the type of offense, the outcome of your case, and the amount of time that has passed since your case was closed.
Criteria for a Certificate of Eligibility
A petitioner seeking to expunge a record of arrest, investigation, detention or conviction must first obtain a certificate of eligibility.
Waiting Periods to Expunge a Record of Conviction or Dismissal
Please Note: Waiting periods begin once all probation, parole, fees and any other court proceedings are completed.
- Felony - 7 Years (5 Years for drug possession offenses)
- Class A Misdemeanor - 5 Years
- Class B Misdemeanor - 4 Years
- Class C Misdemeanor OR Infraction - 3 Years
- Misdemeanor DUI - 10 Years
30-180 Day Waiting Periods
The following are circumstances in which a record of arrest can be expunged if 30-180 days have passed and there are no criminal charges pending against the petitioner:
- The case was screened by the police and the prosecutor declined to file charges - 30 days
- The case was dismissed with prejudice - 30 days
- The case was dismissed without prejudice - 180 days
- The petitioner was acquitted at trial - 30 days
- The statute of limitations has expired
Reasons for Denial
- Two or more felony convictions contained in separate episodes. (Three or more felony convictions for drug possession offenses)
- Any combination of three or more convictions that include two class A misdemeanor convictions contain in separate episodes.
- Any combination of four or more convictions that include three class B misdemeanor convictions contained in separate episodes.
- Five or more convictions of any degree whether misdemeanor or felony, excluding infractions, each of which contained in separate episodes.
Other Reasons for Denial
- Criminal proceeding is pending against the petitioner.
- All fines, fees, and interest ordered by the court related to the conviction has not been paid in full.
- The petitioner has a criminal protective order OR criminal stalking injunction in effect for the case.
- The petitioner is currently incarcerated, on parole, or probation.
- There is a plea in abeyance for a misdemeanor or felony offense pending.
- The petitioner intentionally or knowingly provides false or misleading information on the application.
Convictions That Cannot Be Expunged
- Capital Offenses
- First Degree Felonies
- Violent Felonies
- Felony DUI
- Registerable Sex Offenses
- Registerable Child Abuse Offenses
Fees
- The petitioner must pay the $65 application fee to start the expungement process.
- If the petitioner is eligible to receive a certificate of eligibility for a conviction, plea in abeyance, or a special certificate there is an additional $65 fee per certificate.
- If the petitioner is eligible to receive a certificate of eligibility for a case that has been declined, dismissed with no plea in abeyance, or the petitioner was acquitted there is no fee per certificate.
4315 South 2700 West Suite 1300
Taylorsville, Utah 84129
Adult Expungement Requirements
To be eligible for an expungement in Utah, you must meet all of the following baseline statutory requirements:
Disclaimer: The information on this page is intended as a general guide only and does not constitute formal legal advice. Eligibility and administrative outcomes depend entirely on the specific records architecture of each distinct case and are determined strictly under Utah statutory rules.
Requirement
Condition
No Pending Cases
The applicant cannot have any active criminal cases open, unresolved, or currently under formal investigation.
Sentence Completed
The applicant cannot be currently incarcerated, on active probation, or supervised on parole.
Debts Paid in Full
All court-ordered fines, administrative fees, dynamic interest accruals, and restitution balances must be completely paid off.
Conviction Limits
The applicant's total aggregate criminal history record cannot exceed the maximum count of convictions permitted by Utah law (this statutory check evaluates out-of-state records as well).
Offenses also require a standardized waiting period, determined by the underlying statutory offense classification. Waiting periods begin tracking only after all sentencing terms, fine obligations, and parole or probation conditions have been fully executed.
Adult Expungement Requirements
To be eligible for an expungement in Utah, you must meet all of the following baseline statutory requirements:
Disclaimer: The information on this page is intended as a general guide only and does not constitute formal legal advice. Eligibility and administrative outcomes depend entirely on the specific records architecture of each distinct case and are determined strictly under Utah statutory rules.
| Requirement | Condition |
|---|---|
| No Pending Cases | The applicant cannot have any active criminal cases open, unresolved, or currently under formal investigation. |
| Sentence Completed | The applicant cannot be currently incarcerated, on active probation, or supervised on parole. |
| Debts Paid in Full | All court-ordered fines, administrative fees, dynamic interest accruals, and restitution balances must be completely paid off. |
| Conviction Limits | The applicant's total aggregate criminal history record cannot exceed the maximum count of convictions permitted by Utah law (this statutory check evaluates out-of-state records as well). |
Offenses also require a standardized waiting period, determined by the underlying statutory offense classification. Waiting periods begin tracking only after all sentencing terms, fine obligations, and parole or probation conditions have been fully executed.
Drug Possession Offenses
In addition to standard statutory criteria specified for non-drug possession offenses, a petitioner is legally permitted up to 4 distinct drug possession offenses eligible for expungement processing.
Drug Possession Offenses Defined in U.C.A. 77-40a-101(14)
- Possession of a controlled substance under U.C.A. 58-37-8(2)
- Use or possession of drug paraphernalia under U.C.A. 58-37a-5(1)
- Possession or use of an imitation controlled substance under U.C.A. 58-37b-6
Drug Offenses NOT Defined as a Drug Possession Offense
- Possession of 100 pounds or more of marijuana under U.C.A. 58-37-8(2)(b)(i)
- Enhanced offenses for a violation occurring inside a correctional facility under U.C.A. 58-37-8(2)(e)
- Driving with a controlled substance illegally in a person’s body and negligently causing serious bodily injury or death of another under U.C.A. 58-37-8(2)(g)
Reasons for Denial for Drug Possession Offenses
- 3 or more felony possession convictions under U.C.A. 77-40a-303(5)(a)
- 5 or more total possession convictions under U.C.A. 77-40a-303(5)(b)
Both a Drug and Non-Drug Related Offense in the Same Criminal Incident
As defined in U.C.A. 77-40a-303(6), a criminal episode shall be counted strictly as a non-drug-related offense if any non-drug possession offense within that specific episode is classified as a felony or a Class A misdemeanor, or contains a statutory waiting period equal to or longer than any drug possession offense inside that same episode.
Time Periods for Drug Possession Offenses
- 5 Years – Class A Misdemeanor or Felony
- 4 Years – Class B Misdemeanor
- 3 Years – Class C Misdemeanor and infractions
- 30 to 180 Days (or when the Statute of Limitations has expired) – Dismissals
Please note that there are no statutory limits placed on the total number of infractions that may be successfully expunged.
Reasons for Denial
- Capital Felony – U.C.A. 77-40a-303(2)(a)(i)
- First-Degree Felony – U.C.A. 77-40a-303(2)(a)(ii)
- Violent Felony – U.C.A. 76-3-203.5(1)(c)(i)
- Felony DUI (Alcohol/Drugs) – U.C.A. 41-6a-501(2)
- Registerable Sex Offenses – U.C.A. 53-29-202
- Pending Proceeding or Active Investigation – U.C.A. 77-40a-303(2)(b)
- Currently Incarcerated, on Probation, or on Parole – U.C.A. 77-40a-303(2)(d) and 77-40a-302(2)(c)
- Criminal Protective Order is Extant or Active in the Case – U.C.A. 77-40a-303(2)(f) and 77-40a-302(2)(d)
- Statute of Limitations Requirements Have Not Been Satisfied – U.C.A. 77-40a-302(1)(b)(v)
- Court-Ordered Fines, Fee Schedules, Interest, or Restitution Outstanding – U.C.A. 77-40a-303(1)(a)
- Statutory Waiting Periods Required by State Law Have Not Been Met – U.C.A. 77-40a-302
Juvenile Expungements
The juvenile courts require you to provide a certificate of your adult Utah criminal history report in order to apply for a juvenile record expungement. The following documentation resource is required to obtain this certificate. Failing to use the mandated filing formats will cause an administrative processing delay in the juvenile expungement workflow.
Important Jurisdictional Note: The Bureau of Criminal Identification (BCI) does not manage or process juvenile court expungements. All operational questions, application inquiries, and case evaluations must be directed exclusively to your regional Utah Juvenile Court authority.