Utah Expungement and Clean Slate: Auto-Expungement Explained

March 16, 202611 min readexpungement.guide

Utah has both petition-based and automatic expungement under its Clean Slate law. BCI handles records. Here is who qualifies and how to file.

Utah has one of the more structured expungement systems in the country. There is a specific agency — the Bureau of Criminal Identification (BCI) — that must certify your eligibility before you can even file a petition. And since 2019, Utah has had a Clean Slate law that automatically expunges certain records without you having to do anything. This guide covers both the petition-based process and the automatic system.

This is not legal advice.

This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.

Utah's Clean Slate law — auto-expungement

Utah was one of the early adopters of automatic expungement legislation. The Clean Slate law, originally passed in 2019 and updated through 2025, directs the court system to automatically identify and expunge eligible records without requiring a petition or a filing fee.

As of January 1, 2026, the court finds and clears eligible cases on its own. Before that date, there was a transitional form-based process. The current system is fully automatic — the court identifies qualifying cases and issues expungement orders without any action from you.

Explore your optionsFree, 5 minutes

Clean Slate eligible cases include:

Class B and C misdemeanor convictions (after the applicable waiting period)
Class A misdemeanor drug possession offenses
Minor regulatory offenses and infractions

If your offense falls into one of these categories and enough time has passed, the court may have already cleared your record — or will do so on its rolling schedule. You can check your current record status through BCI at bci.utah.gov.

You are not eligible for automatic expungement if you are currently incarcerated, on probation, or on parole.

Petition-based expungement — the standard process

If your offense is not covered by the automatic Clean Slate system — or if you do not want to wait for the automated process to reach your case — you can file a petition through the traditional process. The key difference from most states: you must get a Certificate of Eligibility from BCI before filing. The court will not accept a petition without it.

BCI reviews your complete criminal history — including out-of-state records — and determines whether your convictions are eligible under the statute. If you may be eligible, BCI issues a Certificate of Eligibility that specifies exactly which convictions can be expunged. You attach this certificate to your petition when you file with the court.

Who qualifies — and who does not

May qualify

Infractions — after 3 years
Class C misdemeanor convictions — after 3 years
Class B misdemeanor convictions — after 4 years
Class A misdemeanor convictions — after 5 years
Third degree felony convictions — after 6 years
Some second degree felony convictions — after 7 years
Acquittals, dismissals, and cases where no charges were filed — after 30 days
Cases eligible for Clean Slate auto-expungement (Class B/C misdemeanors, drug possession misdemeanors, infractions)

Generally does not qualify

First degree felonies
Most violent felonies (as defined in Utah Code § 77-40a-102)
Sex offenses requiring registration
DUI convictions (generally excluded; some very old DUIs may have limited pathways)
Offenses against minors
Capital offenses
Anyone currently incarcerated, on probation, or on parole
Anyone who exceeds the total number of convictions allowed under Utah law

Utah has conviction limits — if you have too many total convictions, even individually eligible ones may not qualify. BCI evaluates your entire history when issuing the Certificate of Eligibility. This is one reason the BCI step matters so much.

Waiting periods

Utah measures waiting periods from the date of conviction — not the date you completed your sentence. This is different from many states that start the clock at sentence completion. In Utah, if you were convicted in 2020 and your offense is a Class B misdemeanor, the 4-year waiting period means you could be eligible in 2024 — regardless of when probation ended.

Waiting Periods

The clock starts on the date shown below — not your arrest date.

Infraction