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Utah expungement can restrict public access to eligible arrest and conviction records, but eligibility depends on the offense, criminal history, waiting period, and completion of court obligations. Stone River Law helps clients assess eligibility, prepare the necessary filings, respond to objections, and complete the record-sealing process.
Can a Utah Expungement Lawyer Help Me?
A lawyer can help you determine whether you qualify before you spend months seeking a certificate or filing in court. That review matters because Utah looks at more than one case. Your total criminal history, the way convictions are grouped into criminal episodes, pending matters, unpaid balances, protective orders, and waiting periods all affect eligibility.
An expungement lawyer can also identify the correct path. Some records may qualify for automatic expungement under Utah’s Clean Slate law. Others require a certificate of eligibility from the Utah Bureau of Criminal Identification, a court petition, and possible court proceedings.
Stone River Law can help with:
- Reviewing your Utah and out-of-state criminal history for possible eligibility issues
- Determining whether a petition, automatic expungement, conviction reduction, or pardon may fit your situation
- Applying for BCI certificate when one is required
- Preparing and filing the petition and proposed order
- Responding to a prosecutor, victim, or Adult Probation and Parole statement
- Representing you at an expungement hearing when the court schedules one
Am I Eligible to Expunge My Utah Record?
Eligibility depends on the result of the case, the type and number of offenses, how long ago the case ended, and whether all court requirements are complete. A case-specific review is the safest way to determine whether you qualify.
Basic requirements for a petition
For most petition-based expungements, you generally must have finished the case, paid all fines, fees, restitution, and interest, and completed any jail, prison, probation, or parole. You cannot have a criminal case pending, be incarcerated or under supervision, or have certain protective orders or stalking injunctions in effect.
Convictions that cannot be expunged
Utah law excludes several types of convictions, including capital and first-degree felonies, violent felonies, felony DUI, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses. Other felony convictions may qualify if the remaining requirements are met.
Conviction limits
Utah also limits the number of qualifying criminal episodes. Eligibility may be denied for two or more felony episodes; three or more convictions when two are Class A misdemeanors; four or more convictions when three are Class B misdemeanors; or five or more qualifying misdemeanor or felony episodes. Drug-possession offenses have separate counting rules. Infractions and minor regulatory offenses may be treated differently.
Common waiting periods
The waiting period usually runs from the latest of the date the case ended, release from incarceration, or completion of probation or parole. Current common waiting periods include:
| Record category | Common waiting period |
|---|---|
| DUI/DWI or impaired-driving conviction | 10 years |
| Eligible felony | 7 years |
| Class A misdemeanor | 5 years |
| Eligible felony drug-possession offense | 5 years |
| Class B misdemeanor | 4 years |
| Class C misdemeanor or infraction | 3 years |
Arrests, acquittals, and dismissed cases follow different rules. Some may qualify after 30 days, while a dismissal without prejudice may require the prosecutor’s written consent or a 180-day wait. Automatic expungement uses separate time periods and narrower offense rules.
How Does the Utah Expungement Process Work?
- Review the full record. The first step is to identify each case, its final outcome, outstanding obligations, and any issue that could affect eligibility. This review helps determine whether the record may be sealed automatically or requires a petition.
- Apply for a BCI certificate when required. Most traditional expungements begin with an application to the Utah Bureau of Criminal Identification. BCI reviews the applicant’s total criminal history and issues a certificate if the statutory requirements are met. The certificate is generally valid for 180 days.
- File the petition in the correct court. The petition, certificate, proposed order, and other required documents are filed with the court that handled the case. The petition must show that the legal requirements are satisfied and that expungement is not contrary to the public interest.
- Address statements or objections. The prosecutor generally has 35 days to file a statement or objection, and a victim generally has 60 days. If an objection is filed, the court will schedule a hearing. The petitioner may reply and present evidence supporting expungement.
- Confirm that the order has been processed. After the court signs the order, confirm that the court and BCI have processed it and that the appropriate government records reflect the expungement. Additional follow-up may be needed if a private background-check provider continues to report outdated information.
What Is Utah Clean Slate Expungement?
Utah’s Clean Slate process can automatically seal some qualifying records. It covers a narrower group of cases than petition-based expungement. Felonies, most Class A misdemeanors, DUI, domestic-violence offenses, sex offenses, assault, and certain weapons offenses generally do not qualify for automatic expungement. If a case does not qualify automatically, it may still qualify through a petition.
As of January 1, 2026, Utah courts identify and clear qualifying automatic-expungement cases without requiring the individual to submit the former request form. Not every record qualifies, and individuals should still check their court and BCI records to confirm the result.
What If My Record Does Not Qualify?
A denial or eligibility problem does not always end the analysis. The available option depends on why the record does not qualify.
- If the waiting period has not passed, you may need to wait before applying.
- If money is still owed or a case remains open, resolving that issue may make a later application possible.
- A motion under Utah Code Section 76-3-402 may reduce an eligible conviction and, in some cases, change the expungement analysis.
- A pardon may be an option for a conviction that cannot otherwise be expunged.
- If BCI denies a certificate, the reason for denial should be reviewed before deciding whether to correct the record, seek agency review, or pursue another remedy.
A reduction or pardon is not automatic, and neither guarantees that every related case will disappear. Stone River Law can review the reason for ineligibility and explain which next step is realistic.
How Stone River Law Helps
We begin by looking at the full history, not only the case you want sealed. We identify the correct court and process, track the certificate and filing deadlines, prepare the petition and proposed order, and address questions from the prosecutor or court.
If the record is not currently eligible, we look at the reason. That may include an open case, an unpaid balance, the number or level of convictions, or the need to consider a 402 reduction or pardon. We then give you a practical plan instead of asking you to guess which form or procedure applies.
Why Work With Stone River Law
Stone River Law is a Layton firm that handles criminal defense and record-clearing matters for clients throughout northern Utah. Because expungement eligibility can be affected by the original charge, sentence, plea agreement, and later court history, it helps to work with a team that understands both the criminal case and the record-clearing process.
Our goal is to give you a clear answer about where you stand. We explain what the record shows, what Utah law permits, what the process may require, and what options remain if a petition is not yet available.
Not sure whether your Utah record qualifies? Call Stone River Law at 801-448-7451 or request a consultation. We can review your complete record before you spend time and filing fees on an application.
Frequently Asked Questions
An expungement seals or restricts access to eligible records of an arrest, investigation, detention, or conviction held by government agencies. After a qualifying charge is expunged, Utah law generally allows the person to respond to an inquiry as though the arrest or conviction did not occur. Statutory exceptions still allow certain agencies or courts to access some expunged records.
Utah allows people to file without a lawyer. Counsel can be especially helpful when there are multiple cases, out-of-state history, a BCI denial, an objection, a hearing, or a possible conviction reduction. A lawyer can also help prevent a certificate from expiring while the petition is being prepared.
The time varies. BCI reports that certificate processing can take several months. After filing, the prosecutor and victim must receive time to respond. An objection, hearing, incomplete filing, or expired certificate can extend the process.
Some felony convictions may be expunged after the required waiting period. Capital felonies, first-degree felonies, violent felonies, felony DUI, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses are generally excluded. The number of felony episodes also affects eligibility.
An expungement restricts access to qualifying government records, but a private website or data broker may still hold outdated information. A person may need to provide the order or use the company’s dispute process. The exact result depends on the source of the background check.
Do not assume that an expungement alone restores every firearm right. Utah and federal firearm laws can apply differently, and the answer depends on the conviction and the relief granted. Ask an attorney to review firearm eligibility separately before possessing or purchasing a firearm.
The next step depends on the stated reason. The record may contain an error, a waiting period may remain open, a balance or pending case may need attention, or a conviction reduction or pardon may need to be considered. Review the denial before submitting another application.
No. Automatic expungement is limited to qualifying cases and may take time to appear across systems. BCI offers a process to request information about records that have been automatically or petition-expunged. If a record still appears, determine which agency or private source is reporting it.