Expungement vs. Pardon in Utah: What Is the Difference?

Deciding between expungement or pardon isn’t a matter of preference in Utah. It comes down to eligibility, procedure, and the type of relief available based on your circumstances and record.

A traditional expungement is requested through a Utah court and seals qualifying criminal records from ordinary public access. A pardon is granted by the Utah Board of Pardons and Parole and is generally considered when regular court-based relief is unavailable.

Neither option is available in every case. Your criminal history, the offense involved, the date your sentence ended, and any registration requirement can affect which path you may pursue. A Utah court may also be able to reduce the degree of a conviction under Utah Code § 76-3-402, commonly called a 402 reduction.

Expungement vs. Pardon in Utah: Quick Comparison

Question	Expungement	Pardon
Who decides?	A Utah court, with BCI involved in most petition-based cases	Utah Board of Pardons and Parole
Who usually uses it?	Someone whose record meets Utah’s expungement requirements	Someone who cannot obtain ordinary expungement relief
What does it do?	Seals or restricts access to qualifying government records	Provides official forgiveness and includes an expungement order for the pardoned offense
Is relief guaranteed?	No	No
Is a hearing always required?	No; a hearing may be required if there is an objection or the judge has questions	No; the Board first decides whether to grant a hearing
Are there special 2026 rules?	Automatic processing resumed January 1, 2026	New 10- and 20-year waiting periods apply to certain registry offenses beginning May 6, 2026

What Is an Expungement in Utah?

A Utah expungement seals or restricts access to qualifying records held by courts and government agencies. It does not literally destroy every reference to the case. Private news stories, online posts, and information already obtained by third parties may remain available.

After an expungement, you can generally respond to most questions as though the arrest or conviction did not occur. Exceptions apply, and some government agencies may access expunged information when authorized by law.

Utah provides two main expungement routes.

Automatic or Clean Slate Expungement

Certain acquittals, dismissals, and lower-level offenses may qualify for automatic expungement.

On January 1, 2026, Utah returned to a process in which courts identify and clear qualifying cases without requiring you to submit the temporary request form used from October 1, 2024, through December 31, 2025.

Not every misdemeanor or dismissed case qualifies. The offense, disposition, waiting period, payment history, pending cases, and other parts of your criminal record may affect eligibility.

The Utah Courts automatic-expungement guidance explains the current process.

Petition-Based Expungement

Records that are not cleared automatically may still qualify for petition-based expungement. The process commonly includes:

1. Applying to the Utah Bureau of Criminal Identification for a Certificate of Eligibility.
2. Filing a petition and the certificate in the correct court.
3. Allowing the prosecutor and any qualifying victim time to respond.
4. Attending a hearing if an objection is filed or the judge requires one.
5. Obtaining a signed expungement order.

The Utah Bureau of Criminal Identification and Utah State Courts publish current forms and procedural information.

What Is a Pardon in Utah?

A Utah pardon is an act of forgiveness granted by the Utah Board of Pardons and Parole. The governor does not decide applications involving Utah state convictions.

When the Board grants a pardon, Utah Code § 77-27-5.1 directs it to issue an expungement order for the pardoned offense. That order generally has at least the same legal effect as a court-issued expungement order.

A pardon is discretionary. Meeting the eligibility and filing requirements does not require the Board to grant relief.

The Board generally considers pardon applications only after at least five years have passed since the applicant completed or was released from all sentences, incarceration, probation, or parole. It also generally requires payment of restitution, fines, and fees.

Different statutory waiting periods apply to certain registry offenses.

New 2026 Pardon Waiting Periods for Registry Offenses

Effective May 6, 2026, House Bill 110 added Utah Code § 77-27-5.6. The law limits when the Board may consider a pardon for an offense requiring registration on Utah’s Sex, Kidnap, and Child Abuse Offender Registry.

• For an offense carrying a 10-year registration requirement, the Board may consider a pardon only after 10 years have passed.
• For an offense carrying a lifetime registration requirement, the Board may consider a pardon only after 20 years have passed.

The waiting period is measured from the latest applicable date on which you:

• were placed on probation;
• were released from incarceration to parole;
• had your sentence terminated without parole;
• entered a community-based residential program; or
• if you were a minor, were released from Juvenile Justice and Youth Services custody.

These restrictions apply to Board decisions made on or after May 6, 2026, even when the application was submitted before that date.

Completing the applicable waiting period only allows the Board to consider your pardon. It does not guarantee that the application will be approved.

The 10- and 20-year periods do not apply when the conviction has been vacated, reversed, or otherwise set aside. They also do not apply when a person has been found factually innocent through a qualifying state post-conviction proceeding.

The complete requirements appear in Utah Code § 77-27-5.6.

Can a Registerable Offense Be Expunged?

Convictions for registerable sex offenses and registerable child-abuse offenses generally do not qualify for ordinary petition-based expungement.

A pardon may provide a possible route to relief. Eligibility will depend on the specific conviction, registration period, complete criminal history, and the Board’s discretionary decision.

Utah Courts identify a pardon and, in some cases, a motion to reduce the conviction as options to investigate when an offense cannot be expunged through the regular process.

Registration requirements and record-clearing eligibility are separate legal questions. Relief from one does not necessarily resolve the other.

Pardon, Commutation, and 402 Reduction Are Different

These forms of relief should not be treated as interchangeable.

• Pardon: An act of forgiveness granted by the Board. A granted Utah pardon is accompanied by an expungement order for the pardoned offense.
• Commutation: A change or reduction in a sentence or punishment. It does not automatically seal a record or reduce the degree of a conviction.
• 402 reduction: A court-ordered reduction of the conviction’s degree under Utah Code § 76-3-402. A reduction may help you qualify for expungement, but it does not expunge the record by itself.

For example, a person whose felony is not currently eligible for expungement may be able to request a one- or two-step reduction. If the court grants the reduction and all other requirements are met, the person may then qualify to pursue expungement.

Some offenses cannot be reduced. A reduction is also never guaranteed.

How Does the Utah Pardon Process Work?

The Board’s process generally involves the following steps:

1. Apply through BCI first. The Board directs applicants to apply for expungement through BCI even when they believe their convictions are not eligible.
2. Obtain BCI’s eligibility determination. This identifies the convictions that cannot be resolved through ordinary expungement.
3. Gather the required records. These may include a Utah criminal-history report, court dockets, police reports, presentence investigation reports, and documents showing rehabilitation.
4. Submit the pardon application. Applications are submitted through the Board’s online system.
5. Wait for the Board’s initial decision. Filing an application does not guarantee that the Board will schedule a hearing.
6. Attend the hearing if one is granted. Pardon hearings are generally public and held in person. Victims, prosecutors, judges, and law-enforcement agencies may receive notice and provide information.
7. Receive the decision. The Board may deny the application, grant limited relief, impose conditions, or grant a full pardon.

Review the Utah Board of Pardons and Parole application instructions before beginning the process.

Should You Seek an Expungement or a Pardon?

Start by determining whether your record qualifies for automatic or petition-based expungement. Expungement normally provides a more direct court process when you satisfy Utah’s requirements.

If your record is not eligible, determine why. A 402 reduction may help when the conviction level creates the problem. A pardon may be worth considering when the offense is excluded from expungement, your record exceeds Utah’s conviction limits, or other court-based options are unavailable.

This is not always an either-or decision. You may need to pursue a reduction before requesting an expungement. You may also need to apply through BCI before presenting a pardon application to the Board.

Frequently Asked Questions

Discussing Your Utah Record-Clearing Options

Choosing among expungement, a 402 reduction, and a pardon requires reviewing your complete record. The analysis may include dismissed cases, convictions, sentencing dates, probation or parole, outstanding balances, prior expungements, and any registration requirement.

Stone River Law assists clients with Utah record-clearing matters from its Layton office, including cases filed in Farmington and elsewhere in Davis County.

To discuss which path may apply to your record, contact Stone River Law or call 801-448-7451.

This article provides general information and is not legal advice. Laws, court procedures, and agency requirements can change. Consult an attorney about your specific circumstances.