Utah Expungement Eligibility: What Determines Whether You Qualify

General information, not legal advice. Read the full disclaimer.

Short answer: To get a certificate of eligibility for a petition-based expungement of a conviction, Utah Code § 77-40a-303 requires that you've paid all fines, interest and restitution, and that time has passed since the conviction or release from incarceration, parole or probation (whichever was last): 3 years for a class C misdemeanor or infraction, 4 years for a class B misdemeanor, 5 years for a class A misdemeanor or a felony drug possession offense, 7 years for a felony, and 10 years for a DUI misdemeanor (41-6a-501(2)). Some offenses are never eligible: capital and first degree felonies, violent felonies, offenses requiring sex, kidnap or child abuse offender registration, and a felony DUI. The automatic Clean Slate track covers fewer cases, with its own, longer periods listed below. The bureau also limits how many convictions you can have.

Who this guide is for

Anyone trying to figure out whether, and when, their Utah record is eligible for expungement. This is general information, not legal advice, and the statute was amended in 2026, so use the Bureau of Criminal Identification (BCI) certificate process for a definitive answer.

Petition-track waiting periods (§ 77-40a-303(1))

Measured from the day you were convicted or released from incarceration, parole or probation, whichever was last:

You must also have paid in full all court-ordered fines, interest and restitution.

Convictions that are not eligible (§ 77-40a-303(2)(a))

• Capital felonies and first degree felonies;
• violent felonies as defined in the sentencing statute;
• felony DUI convictions under § 41-6a-501(2);
• any offense, or combination, requiring sex, kidnap or child abuse offender registration.

See Can You Expunge a DUI in Utah?.

Other things that block a certificate (§ 77-40a-303(2))

You are also not eligible if, when you apply:

• a criminal proceeding for a misdemeanor or felony is pending (traffic offenses excepted);
• a plea in abeyance for a misdemeanor or felony is pending (traffic offenses excepted);
• you are incarcerated, on parole or on probation (unless for an infraction, traffic or minor regulatory offense);
• you gave false or misleading information on the application;
• a civil or criminal protective order or criminal stalking injunction against you is in effect; or
• your criminal history exceeds the numerical limits below.

Limits on how many convictions you have (§ 77-40a-303(4)–(8))

The bureau looks at your whole history, including previously expunged convictions. You're not eligible if it contains any of these (not counting drug possession offenses, which have their own limits):

• two or more felony convictions in separate criminal episodes;
• three or more convictions including two class A misdemeanors;
• four or more convictions including three class B misdemeanors; or
• five or more convictions of any degree.

Drug possession offenses have separate limits: three or more felony drug possession convictions or five or more drug possession convictions of any kind in separate episodes. If 10 years have passed since your last conviction or release, the felony and class A limits go up by one, and the class B and total-count limits don't apply for qualifying low-level cases. Infractions, traffic offenses, minor regulatory offenses and cases that were automatically expunged aren't counted against you.

Arrests and cases that did not end in conviction

Records of an arrest, investigation or detention can be expunged under § 77-40a-302 once 30 days have passed since arrest or charging and one of these happened: no charges were filed after screening, all charges were dismissed with prejudice, the case was dismissed without prejudice and the prosecutor consents or 180 days have passed, you were acquitted, or the statute of limitations ran out. See Expunging a Utah Arrest When No Charges Were Filed.

The automatic Clean Slate track (§ 77-40a-205)

Utah courts began automatically expunging eligible cases on January 1, 2026. A case qualifies if each conviction is a class B or C misdemeanor, an infraction, or a misdemeanor drug possession offense, and time has passed after adjudication: five years for class C and infractions, six years for class B, and seven years for a class A misdemeanor drug possession. A case dismissed after a successful plea in abeyance or dismissed without prejudice can qualify on the same schedule from the dismissal date. A case dismissed with prejudice or ending in acquittal is handled separately (180 days and 60 days after the dismissal or acquittal). The track excludes people who exceed the conviction-count limits, are incarcerated or on supervised probation or parole, have an unpaid criminal accounts receivable, and cases involving offenses against the person, weapons, DUI and reckless driving, domestic violence and most felonies and class A misdemeanors. A prosecutor has 35 days after notice to object for specified reasons. See Utah's Automatic Expungement (Clean Slate) Explained.

Frequently asked questions

Can I check my eligibility without paying anything?

Whether a case was processed by Clean Slate can be checked through the court and BCI; the petition path requires a BCI application and fee. See Utah Expungement Cost.

What if I have multiple cases?

Eligibility is evaluated case by case, but your total criminal history counts against the limits above.

I was arrested but never charged. Do I need to do anything?

Possibly: records can remain visible until expunged. See the arrest-record guide linked above.

Where do I start?

How to Expunge a Criminal Record in Utah and Utah Certificate of Eligibility: How to Apply.