Your case may be eligible for automatic expungement. Please visit Clean Slate Utah for more information. Automatic expungement is new. It started February 10, 2022. It will take a year to expunge all eligible cases.
Expunging Adult Criminal Records
What is expungement?
Generally, an arrest or a conviction stays on your record forever. Expunging a criminal record means that the court orders the history of the case sealed. This includes:
- records of the arrest
- Investigation
- detention, and
- conviction, including a verdict or finding of guilty after trial or a guilty plea.
No one can access sealed records without a court order.
If your case was expunged, you can tell people the arrest or conviction did not happen. A government agency that has received an expungement order will say the same thing.
The expungement order applies only to government agencies. After a record is expunged, an agency's sealed records can still be viewed and copied by some government officials. Also, news accounts of an arrest or conviction are not affected.
Not a U.S. citizen?
Get advice from an immigration lawyer about whether to expunge your criminal records. The FBI could have records of a criminal case even though the case was expunged. See our Finding Legal Help page for information about ways to get legal help.
Do you need to access your expunged records?
Visit our page on Accessing Expunged Records for more information.
Will my record be expunged automatically?
We are currently processing expungements for Acquittals, Dismissed with Prejudice, and Clean Slate if they meet certain criteria. Answer the questions under "What happened in your case?" to find out if your case is eligible.
It will take up to a year or more to process all of the eligible cases. We currently do not have the ability to predict when your case will be expunged. If you would like to check to see if your case has been expunged, please visit one of the following Utah State Court websites:
MyCase
Access your case information online using MyCase. MyCase is an online system available from the Utah State Courts. There is no cost for a MyCase account. You will be able to look up your case to see if it has been expunged. Your name will display as “Case Expunged” in the case information and, for example, the case title will be “State of Utah vs. Case Expunged.”
For additional information please visit the MyCase information page.
Xchange
Access your case information online using Xchange. Xchange is an online system available from the Utah State Courts. There are fees associated with an Xchange account. You will be able to view your case in Xchange, but once it is expunged you won’t be able to view the case.
For more information please visit our Xchange page.
What happened in your case?
Your case may be eligible for automatic expungement. Please visit Clean Slate Utah for more information. Automatic expungement is new. It started February 10, 2022. It will take a year to expunge all eligible cases.
Your case may be eligible for automatic expungement. Please visit Clean Slate Utah for more information. Automatic expungement It started February 10, 2022. It will take a year to expunge all eligible cases.
Was your conviction for one of the crimes listed below?
- A felony
- Assault
- A DUI
- An offense related to domestic violence
- A sex offense
- Certain kinds of weapons-related offenses
If yes, your case may not be eligible for automatic expungement. Read when you can ask to expunge your criminal record to see if you can file papers to ask for expungement. You can also find more information in Utah Code 77-40a-101(5)
If no, look at the table below. Your case may be automatically expunged if enough time has passed:
|
Offense type |
Waiting period |
|---|---|
Class A drug possession (usually limited to 2 cases) |
7 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
Class B misdemeanors (usually limited to 3 cases) |
6 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
Class C misdemeanors, infractions, and minor regulatory offenses |
5 years from the date the court accepted a plea or issued a formal decision of guilt. All fines, fees, and restitution must be paid. |
- If you think enough time has passed and your case is eligible for automatic expungement, visit Clean Slate Utah for more information. Automatic expungement is new. It started February 10, 2022. It will take a year to expunge all eligible cases.
- If you think not enough time has passed, you can read when you can ask to expunge your criminal record to see if you can file papers to ask for expungement.
Utah Code 77-40a-101(4) and Utah Code Title 77, Chapter 40a, Part 2
When you can ask to expunge your criminal record
Are you unsure whether your record can be expunged? Try Salt Lake County's free eligibility tool.
Before you think about expungement, make sure that:
|
What happened in your case?
You can ask for expungement if:
- At least 30 days have passed since the arrest, and
- The prosecutor made a final decision to not bring charges
See how to ask for expungement for next steps
You can ask for expungement if:
- At least 30 days have passed since the arrest
- Did you enter a plea in abeyance? If so, make sure your case is dismissed. In some courts, you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this.
See how to ask for expungement for next steps
ou can ask for expungement if:
- At least 30 days have passed since the arrest, and
- Either the prosecutor consents in writing to the expungement or at least 180 days have passed since the day the case was dismissed
Did you enter a plea in abeyance? If so, make sure your case is dismissed. In some courts, you must file a Motion to Dismiss to ask that the case be dismissed. You can use the forms found on the Motions web page to ask for this.
See how to ask for expungement for next steps
You can ask for expungement if:
- At least 30 days have passed since the arrest
See how to ask for expungement for next steps
Was your case for one of the listed crimes below?
- a capital felony, first degree felony or "violent felony" (defined in Utah Code 76-3-203.5(1)(c)(i))
- felony automobile homicide
- felony DUI (under Utah Code Section 41-6a-501(2))
- a registerable sex offense (under Utah Code Section 77-41-102(17)) or
- a registerable child abuse offense (under Utah Code Section 77-43-102(2))
If yes, you can't expunge these cases. Instead you can try to:
- Get legal advice. See our Finding Legal Help page for more information
- File a Motion to Reduce Conviction
- Ask the Utah Board of Pardons and Parole for a pardon
If your conviction is reduced or pardoned, you can ask for an expungement
How many convictions do you have?
- If you have fewer than 2 convictions, skip to "Has enough time passed?"
- If you have more than 2 convictions that were not closely related in time or related to the same criminal objective, answer the question below.
Have you been convicted of:
- 2 or more felonies (other than drug possession)?
- 3 or more crimes (other than drug possession), and 2 of those crimes are class A misdemeanors?
- 4 or more crimes (other than drug possession), and 3 of those crimes are class B misdemeanors?
- 5 or more crimes of any degree (other than drug possession)?
- 3 or more felonies for drug possession?
- 5 or more crimes of any degree for drug possession?
If yes, you can't expunge your criminal cases. Instead you can try to:
- Get legal advice. See our Finding Legal Help page for more information.
- File a Motion to Reduce Conviction
- Ask the Utah Board of Pardons and Parole for a pardon
If your conviction is reduced or pardoned, you can ask for an expungement
Has enough time passed?
|
What was your offense? |
Has enough time passed? Count from the date you were convicted or released from incarceration, probation or parole. Use whichever occurred last. |
|---|---|
Misdemeanor conviction of Subsection 41-6a-501(2) |
10 years |
Felony |
7 years |
Class A Misdemeanor or felony drug possession |
5 years |
Class B Misdemeanor |
4 years |
Other Misdemeanor or Infraction |
3 years |
If not enough time has passed you can wait or try to file a Motion to Reduce Conviction.
If enough time has passed see how to ask for expungement for next steps.
If you have a conviction related to cannabis possession and are not qualified to receive a certificate of eligibility, you might qualify for expungement of the record if you meet certain requirements.
You must show that:
- you had a qualifying condition at the time of your arrest or citation, and
- the cannabis was in a form to medicinally treat your condition, and
- the cannabis was in an amount to medicinally treat your condition and did not exceed certain amounts.
Qualifying condition (Utah Code 26-61a-104)
You must have had a qualifying condition at the time of your arrest for cannabis possession. Qualifying conditions include:
- HIV or acquired immune deficiency syndrome
- Alzheimer's disease
- amyotrophic lateral sclerosis
- cancer
- cachexia
- persistent nausea not significantly responsive to traditional treatment, but not nausea related to:
- pregnancy;
- cannabis-induced cyclical vomiting syndrome; or
- cannabinoid hyperemesis syndrome
- Crohn's disease or ulcerative colitis
- epilepsy or debilitating seizures
- multiple sclerosis or persistent and debilitating muscle spasms
- post-traumatic stress disorder (meeting the requirements described in Utah Code 26-61a-104(2)(j))
- autism
- a terminal illness when the patient's remaining life expectancy is less than six months
- a condition resulting in the individual receiving hospice care
- a rare condition or disease that:
- affects less than 200,000 individuals in the United States, as defined in Section 526 of the Federal Food, Drug, and Cosmetic Act; and
- is not adequately managed despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions;
- pain lasting longer than two weeks that is not adequately managed, in the qualified medical provider's opinion, despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions
- a condition approved by the Compassionate Use Board. I have attached proof of the Board's approval.
Form of cannabis (Utah Code 26-61a-102(32))
The cannabis you had in your possession at the time of your arrest must have been in a form allowed by law.
If you had processed medical cannabis or a medical cannabis product, it must have been in one of these forms:
- tablet
- capsule
- concentrated liquid or viscous oil
- liquid suspension
- topical preparation
- transdermal preparation
- sublingual preparation
- gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape
- resin or wax
If you had unprocessed cannabis flower, it must have been in a container described in Utah Code Section 4-41a-602, and must:
- be contained cannabis flowers in a quantity that varies by no more than 10% from the stated weight at the time of packaging;
- have been contained within an opaque, child-resistant bag that a medical cannabis pharmacy provided; and
- have been labeled with the container's content and weight, the date of purchase, the legal use termination date.
Or, it must have been in a form measured in grams, milligrams, or milliliters.
Amount of cannabis (Utah Code 26-61a-102(16))
The cannabis in your possession must have been in an amount to medicinally treat your condition and did not exceed (Choose all that apply):
- 113 grams by weight (unprocessed cannabis in a medicinal dosage form)
- 20 grams of total composite tetrahydrocannabinol (cannabis product in a medicinal dosage form)
If you meet all of the requirements, follow the process in the How to ask for expungement section of this web page. Skip Step 1, which tells you to apply for a certificate of eligibility. Start at Step 2.
There are two steps to expunge this kind of case. Do not skip any steps. If the court grants your request, your records will be expunged shortly after the court signs the order.
The forms listed here are available in the forms section below.
- Petition to Expunge Records: Choose the Petition to Expunge Records that best matches your case. Use the case number of the case you are asking to expunge. If you don't have a case number the court will give you one.
- Order on Petition to Expunge Records: Choose the form that matches your case.
File your documents with the court that decided the criminal case. There will be a filing fee (look at the cover sheet to see how much). If you can’t afford the fee you can ask for a fee waiver.
If a court case was never filed, file the expungement papers in the district where the arrest occurred. If you aren't sure where to file, you can use this directory of court locations to find your court.
Make copies of all of these documents before you file the originals with the court for your records.
When you file your papers with the court, they will send a copy of what you file to the prosecuting attorney assigned to your case.
What happens next depends on how the prosecutor responds.
|
If the prosecutor… |
Then… |
|---|---|
Signs a Consent and Waiver of Hearing |
File the Consent and Waiver of Hearing, and any other documents you have not already filed. |
Files an objection or statement within 35 days. Or the victim has 60 days to file an objection or statement. |
The court will schedule a hearing. If you wish to respond to the prosecutor's or victim's statement, you can do so, within 14 days of receiving it, by filing a Reply to Victim's or Prosecutor's Statement (See Optional forms, below). Bring to the hearing any other documents you have not already filed. |
Just signs an Acceptance of Service The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Acceptance of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
Does nothing The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Proof of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
The court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition. The response will include the reasons probation was terminated, and whether the petitioner has completed all requirements of sentencing, probation or parole. AP&P will serve the response on the petitioner, the prosecuting attorney and the victim. The petitioner may file a reply to the AP&P response within 14 days after receiving it.
If a hearing is scheduled, be sure to attend. Be ready to explain to the court why there is clear and convincing evidence that:
- the petition and certificate of eligibility are sufficient;
- the statutory requirements have been met;
- other case specific requirements have been met; and that
- expunging the records will not harm the public interest.
Bring to the hearing any other documents you have not already filed.
Utah Rule of Criminal Procedure 42.
See Utah Code 77-40a-101(14) and (15) for definition of traffic offense.
There are 3 steps to asking for expungement. The entire process can take several months. You must complete all 3 steps to expunge your records. If you need help, contact Clean Slate Utah or the Self-Help Center.
Apply for and get the Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). BCI Will charge you two fees - one to apply and one to receive your certificate.
It can take several months for BCI to process your request. Once you receive your certificate, you will have 180 days from when it was issued to file it, along with the Petition to Expunge Records, with the court. If the certificate expires, you will have to request a new one.
See BCI's Criteria for a Certificate of Eligibility pamphlet on their website. Their expungement flowchart may also be helpful:
If you want to have your certificate of eligibility sent to someone other than yourself, you must also complete BCI's Third Party Release form and submit it with your Application.
Remember, the certificate of eligibility is valid for only 180 days from the date it is issued. You must file your Petition to Expunge Records before the 180 days are up. The forms listed here are available in the forms section below.
- Petition to Expunge Records: Choose the Petition to Expunge Records that best matches your case. Fill it out and bring it with the original of your certificate of eligibility. Use the case number of the case you are asking to expunge. If you don’t have a case number the court will give you one.
- Order on Petition to Expunge Records: Choose the form that best matches your case.
File your documents with the court that decided the criminal case. There will be a filing fee (look at the cover sheet to see how much). If you can’t afford the fee you can ask for a fee waiver.
If a court case was never filed, file the expungement papers in the district where the arrest occurred. If you aren’t sure where to file, you can use this directory of court locations to find your court.
Make copies of all of these documents before you file the originals with the court for your records.
When you file your papers with the court, they will send a copy of what you file to the prosecuting attorney assigned to your case.
Optional: Ask an attorney at the office of the prosecutor that handled the case to sign a Consent and Waiver of Hearing form to agree that the case should be expunged. If they sign it speeds up the process. If the prosecutor was the State of Utah or a county in Utah then you will use the district attorney for the county. If you need a city prosecutor then look on that city's webpage to find the city prosecutor or city attorney.
What happens next depends on how the prosecutor responds.
|
If the prosecutor… |
Then… |
|---|---|
Signs a Consent and Waiver of Hearing |
File the Consent and Waiver of Hearing, and any other documents you have not already filed. |
Files an objection or statement on behalf of the victim or themselves. The prosecutor has 35 days to do so. The victim has 60 days to file an objection.
|
The court will schedule a hearing. If you wish to respond to the prosecutor's or victim's statement, you can do so, within 14 days of receiving it, by filing a Reply to Victim's or Prosecutor's Statement (See Optional forms, below). Bring to the hearing any other documents you have not already filed. |
Just signs an Acceptance of Service The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Acceptance of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
Does nothing The court has to wait 60 days from the date the petition was filed to allow the prosecutor and victim time to file their statements. |
File the Proof of Service and any other documents you have not already filed. The court might schedule a hearing or might just grant your request. |
The court might order the Division of Adult Probation and Parole (AP&P) to file a written response to the petition. The response will include the reasons probation was terminated, and whether the petitioner has completed all requirements of sentencing, probation or parole. AP&P will serve the response on the petitioner, the prosecuting attorney and the victim. The petitioner may file a reply to the AP&P response within 14 days after receiving it.
If a hearing is scheduled, be sure to attend. Be ready to explain to the court why there is clear and convincing evidence that:
- the petition and certificate of eligibility are sufficient;
- the statutory requirements have been met;
- other case specific requirements have been met; and that
- expunging the records is not contrary to public interest.
Bring to the hearing any other documents you have not already filed.
Sealing Records
If the court grants your expungement request, the court will seal all of the related records. If anyone asks about the expunged case, court staff will say the case does not exist.
BCI is responsible for telling all state agencies that your records are sealed. BCI will also forward a copy of the order to the FBI. Unless there is a specific law that says something different or the court orders something different, government agencies who receive an expungement order will tell anyone who asks that your arrest or conviction did not happen. A government agency who has received an expungement order may not give out any information identifying you.
If your records are expunged you may respond to an inquiry as though that arrest or conviction did not occur.
How to expunge appellate records
If a defendant in a criminal case appealed their case to the Utah Court of Appeals or Utah Supreme Court, they may also want to expunge their appellate records. This requires a separate process and does not happen automatically just because the trial court expunged its records.
To do this, the defendant must file a petition with the Utah Supreme Court. This process is governed by Supreme Court Standing Order No. 12.
The petitioner must have an order from a district court which expunges their entire trial court record as well as any information in possession of other government entities, such as law enforcement.
The petitioner must file with the Utah Supreme Court and serve on the Utah Attorney General:
- a written petition,
- a copy of the expungement petition that was filed with the district court,
- a certified copy of the district court's expungement order, and
- a proposed redacted appellate court opinion to replace the previously-published opinion
There are no forms on this website to petition the Utah Supreme Court to expunge appellate records.
To "redact" information means to obscure it or leave it out. The proposed redacted opinion must replace the petitioner's name with initials, such as "J.C.," or with the pseudonym "Pat Doe."
Additional personal identifying information must also be redacted, including the petitioner's address, birthdate, and government-issued identification numbers, if they were included as part of the original opinion.
The Utah Attorney General's office has 30 days from which they were served to object to the expungement and/or to object to the proposed redacted opinion.
If the Utah Supreme Court grants the expungement petition, the appellate courts will:
- Seal any appellate court records, including appellate briefs. No one may access a sealed record except by order of the court.
- Replace the previously-issued opinion with a redacted opinion.
- Notify LexisNexis and Westlaw of the redacted opinion. The defendant may notify other publishers about the redacted opinion.
Note: non-government entities (such as legal publishers) do not have an obligation to expunge or redact information in their possession.
Continued Use of Sealed Records
After sealing, BCI continues to index and maintain all expunged records of arrests and convictions, but the records will not be released to the public. BCI will not divulge any information contained in the expunged records to any person or agency without a court order, unless authorized by statute to do so. Upon request, the following organizations may receive information contained in expunged records:
- the Board of Pardons and Parole;
- Peace Officer Standards and Training;
- federal authorities, unless prohibited by federal law;
- the Division of Occupational and Professional Licensing; and
- the State Office of Education.
When considering whether to issue a permit to carry a concealed firearm, BCI may use the information in expunged records in determining whether the applicant or permit holder has been or is a danger to self or others.
Expunged records may be released to or viewed by the petitioner if they show identification at the courthouse. Expunged records may also be released to or viewed by parties to a civil action arising out of the incident, including a law enforcement officer in the officer's defense of a civil action. These parties must first obtain a court order to unseal the record. The information must be kept confidential and used only in the civil action.
If the petitioner is later charged with a felony, the state may petition the court to open expunged records. A court may order expunged records to be opened and admitted into evidence for sentencing. The expunged records are confidential and are available for inspection only by the court, parties, counsel for the parties, and any other person authorized by the court. At the end of the proceeding, the court will order the records resealed.
Forms
Required forms
- 1044XX
- 1002EX
- 1022EX
- 1146XX
- 1148XX
- 1044XX
- 1003EX
- 1023EX
- 1146XX
- 1148XX
Start with this form and send it to BCI: Application for Certificate of Eligibility from BCI
If you are eligible, BCI should have sent you either a Certificate of Eligibility or or a Special Certificate. Which one did you receive?
- 1044XX
- 1000EX
- 1020EX
- 1146XX
- 1148XX
- 1044XX
- 1001EX
- 1021EX
- 1146XX
- 1148XX
Optional forms
- 1149XX
(if there was a victim in the case and the prosecutor requests this form) - 1164XX
(if the court schedules a hearing) - Proof of Service
(if the prosecutor's office will not accept service) - 1169XX
(if a victim or prosecutor statement is filed and you wish to respond) - 1170XX
(if the court asks AP&P to respond) - 1173XX
(if a response if filed by AP&P and you wish to respond)