Utah Expungement Eligibility: What Determines Whether You Qualify
Short answer: For the petition-based expungement track, Utah Code §77-40a-303 sets clear, specific waiting periods by offense type — 3 to 10 years, depending on severity. The automatic Clean Slate track (which doesn't require a petition at all) has its own, generally longer waiting periods for the narrower set of cases it covers — those are less consistently documented across sources, so confirm your specific case with BCI directly rather than relying on a secondhand figure.
Who this guide is for
Anyone trying to figure out whether — and when — their Utah record is eligible for expungement.
Petition-track waiting periods (verified against the statute)
Under Utah Code §77-40a-303, measured from the date of conviction or release from probation, incarceration, or parole — whichever happened last:
| Offense type | Waiting period |
|---|---|
| DUI (misdemeanor or felony), or felony drug trafficking | 10 years |
| Class A misdemeanor, or felony drug possession | 5 years |
| Class B misdemeanor | 4 years |
| Other misdemeanors and infractions | 3 years |
See Can You Expunge a DUI in Utah? for the additional DUI-specific eligibility rule — a prior DUI within the preceding 10 years makes a DUI categorically ineligible, regardless of how long you wait.
Categorical exclusions from the petition track, regardless of waiting period
Certain offenses are ineligible for petition-based expungement no matter how much time has passed — including capital felonies, first-degree felonies involving violence, and sex offenses requiring registration.
How the case ended also matters
- Arrests that never led to charges, and dismissed or acquitted cases generally have the most favorable path to expungement — and BCI does not charge an issuance fee for these case types. See Expunging a Utah Arrest When No Charges Were Filed.
- Convictions require the waiting periods above, and BCI does charge an issuance fee for these — see Utah Expungement Cost.
The automatic Clean Slate track uses different, less clearly documented periods
Unlike the petition track above, the automatic track (see Utah's Automatic Expungement (Clean Slate) Explained) covers a narrower set of cases — mainly class B and C misdemeanors, infractions, and class A misdemeanor drug possession — with its own waiting periods that are reported somewhat inconsistently across secondary sources (commonly cited in the 5-to-7-year range, but not confirmed here against a single, clean primary-source breakdown by exact offense). If your case might qualify for the automatic track specifically, checking directly with BCI or Clean Slate Utah (cleanslateutah.org) is more reliable than any secondhand figure, including this one.
Multiple cases on your record can affect eligibility
Having other convictions, especially more serious or more recent ones, can affect whether a particular case is currently eligible — this is evaluated case by case.
Frequently asked questions
Can I check my eligibility without paying anything? Checking whether a case qualifies for automatic Clean Slate expungement is free. The petition-based path involves a BCI application fee — see Utah Expungement Cost.
What if I have multiple cases — does each one need to be evaluated separately? Generally yes — eligibility is evaluated case by case, though having multiple cases on your record can affect the analysis.
I was arrested but never charged — do I still need to do anything? Possibly. Even records with no conviction can remain publicly accessible until expunged — check BCI's process for arrest-only records specifically.