Utah's Automatic Expungement (Clean Slate) Explained
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's Clean Slate law lets certain lower-level records be expunged automatically: the court identifies and clears qualifying cases without a petition, a BCI application or a fee to you. Since January 1, 2026, courts automatically expunge cases they identify as eligible (Utah Code § 77-40a-204). A conviction case qualifies if every conviction is a class B misdemeanor, class C misdemeanor, infraction, or misdemeanor drug possession, and enough time has passed after the case was adjudicated: five years for class C and infractions, six years for class B, and seven years for a class A misdemeanor drug possession (§ 77-40a-205(2)).
Who this is for
Anyone wondering whether an older, minor Utah case may already qualify for expungement without them doing anything, or deciding whether to use the petition process instead. General information, not legal advice.
What changed, and when
- October 1, 2024 to December 31, 2025: a person had to submit a form to the court asking for automatic review of a case.
- From January 1, 2026: the court automatically expunges a case it identifies as eligible (§ 77-40a-204(3)). Courts aim to process an eligible clean slate case within 30 days after determining the requirements are met, and older cases (adjudicated before May 2020) within a year of identification, as funding permits.
- Prosecutor notice: a prosecutor gets monthly notice and has 35 days to object, for specified reasons (not eligible, unpaid restitution, or a reasonable belief the person is continuing to engage in criminal activity). If the prosecutor objects, the court can't proceed with automatic expungement (§ 77-40a-205(5)–(7)).
What qualifies (§ 77-40a-205(2))
| Case | Time after adjudication |
|---|---|
| Class C misdemeanor or infraction | at least 5 years |
| Class B misdemeanor | at least 6 years |
| Class A misdemeanor drug possession (§ 76-18-207 or a similar earlier offense) | at least 7 years |
A case dismissed after a successful plea in abeyance, or dismissed without prejudice, can qualify on the same schedule from the dismissal date if every charge falls in those categories. A case ending in acquittal (60 days) or dismissal with prejudice (180 days) is handled under § 77-40a-206 (but not an acquittal by reason of insanity or a dismissal after a plea in abeyance).
What does NOT qualify (§ 77-40a-205(3))
- A person who exceeds the conviction-count limits in the petition statute;
- a pending misdemeanor or felony case (traffic excepted);
- a person who is incarcerated or on probation or parole supervised by Adult Probation and Parole (for requests on or after 2025);
- a case with an unpaid criminal accounts receivable that has been turned over to State Debt Collection or isn't satisfied;
- not guilty by reason of insanity cases; and
- certain offenses: offenses against the person (Title 76, Chapter 5), weapons offenses, DUI and reckless driving offenses, domestic violence, sexual battery and lewdness, damage to a communication device, other felonies, and other class A misdemeanors (except class A drug possession).
If your case isn't eligible for the automatic track, you may be able to use the petition track. See How to Expunge a Criminal Record in Utah and Utah Expungement Eligibility.
Do you need to do anything?
If your case is eligible, no. To confirm whether a specific case has been expunged, check with the court and with Clean Slate Utah or BCI. You may still file a petition if an eligible case hasn't been automatically expunged (§ 77-40a-201(1)).
Frequently asked questions
Does automatic expungement cost anything?
No. There's no BCI fee or court filing fee for cases handled automatically.
What if I think my case should have been automatically expunged but wasn't?
Contact the court clerk, and consider the petition path; a person can petition for a case eligible for automatic expungement that hasn't occurred.
Does it clear everything?
The court and the Bureau of Criminal Identification must expunge their records; other agencies aren't required to for automatically expunged cases (§ 77-40a-207(4)).
Are DUIs covered?
No. See Can You Expunge a DUI in Utah?.