Expunging a Utah Arrest When No Charges Were Filed
General information, not legal advice. Read the full disclaimer.
Short answer: Being arrested doesn't require being charged — but the arrest itself still generates a public record. If your case never resulted in charges being filed, expungement is generally the most straightforward category to pursue, with a shorter path and lower fees than a conviction case.
Who this guide is for
Anyone in Utah who was arrested but never formally charged, and wants to know whether — and how — that arrest record can be cleared.
Why an arrest alone still matters
Even without a conviction, or without charges ever being filed, an arrest record is generally publicly accessible unless expunged — meaning it can still show up on a background check, even though you were never actually prosecuted for anything. This surprises a lot of people who assume "I was never charged" means there's nothing to worry about on paper.
Why this category is treated more favorably
Utah's expungement fee structure specifically reflects the difference between conviction and non-conviction cases: BCI does not charge an issuance fee for dismissals, acquittals, or cases where charges were declined — unlike a conviction case, which involves both an application and issuance fee. This lower cost reflects a broader pattern in Utah's expungement law: the less involvement the criminal justice system ultimately had with your case, the more favorably it's treated in the expungement process.
The process
The general steps are the same as any petition-based expungement:
- Apply for a BCI Certificate of Eligibility — see Utah Certificate of Eligibility: How to Apply. For an arrest with no charges filed, this step is generally more straightforward than for a conviction.
- Receive the certificate, valid for 180 days.
- File the court petition.
- Court review and decision.
Cost
See Utah Expungement Cost for the current fee breakdown — an arrest-only or dismissed case generally costs meaningfully less than a conviction case, since the BCI issuance fee doesn't apply.
What this does NOT mean
Having no charges filed doesn't mean the arrest record disappears automatically — you still generally need to go through the expungement process to have it sealed. An arrest without a resulting conviction is not the same as the record already being clear.
Frequently asked questions
How long do I have to wait before requesting expungement of an arrest-only record?
Under Utah Code § 77-40a-302, you can get a certificate of eligibility for records of an arrest, investigation and detention once at least 30 days have passed after the arrest or charging and one of these is true: prosecutors and police screened the case and decided not to file charges; all charges were dismissed with prejudice; a charge was dismissed without prejudice and the prosecutor consents in writing or 180 days have passed; you were acquitted on all charges; or the statute of limitations expired. If a traffic offense conviction was part of the case, a waiting period of 3 years (class C or infraction) or 4 years (class B) applies. You aren't eligible while a misdemeanor or felony case or plea in abeyance is pending, while you're incarcerated or on probation or parole (with exceptions), or while a criminal protective order or stalking injunction for the case is in effect. BCI doesn't charge the issuance fee for these certificates unless the charges were dismissed under a plea in abeyance or diversion agreement.
What if I was arrested for one charge but the case was later reduced to something else?
This is a more layered situation — the eligibility analysis needs to account for what actually happened with the case, not just the original arrest charge.
Does an arrest with no charges show up on background checks before expungement?
It can, since it's part of the public record until expunged — which is exactly why pursuing expungement matters even when you were never actually prosecuted.