Utah's Expungement Framework: More Permissive Than Most
Utah Code § 77-40-101 through § 77-40-115 establishes Utah's expungement framework. Compared to many states, Utah's law is relatively generous - it allows expungement of many felony convictions, covers a wide range of misdemeanors, and includes a 2019-enacted automatic expungement pathway for arrests without conviction. The state's approach reflects a policy judgment that rehabilitation and reintegration are better served by allowing people to move forward with a clean record. For more information, visit the Utah Courts.
The most distinctive feature of Utah's process is the mandatory Certificate of Eligibility from the Bureau of Criminal Identification (BCI). Unlike states where you file directly with a court, Utah requires BCI pre-approval before a court petition can succeed. This creates an additional step but also provides clarity - if BCI certifies you as eligible, you know before you pay a court filing fee and invest time in the process.
Utah expungement, when granted, results in the sealing (not physical destruction) of the record. Sealed records are inaccessible to the public but remain available to law enforcement and certain government agencies. Learn more about expungement vs. record sealing on our blog.
Eligibility Under Utah Code § 77-40-105
Utah's eligibility rules are set out in § 77-40-105. The key requirements: For more information, visit the Utah Legislature.
Ready to start the BCI certificate process? Or already have an expungement but finding your record still appears online? We can help with both next steps. Learn more about court record removal on our blog.
Get a Free ConsultationWaiting Periods by Offense Level
- Infractions and violations: No waiting period after sentence completion
- Class B misdemeanor: 3 years from sentence completion or release from custody
- Class A misdemeanor: 5 years from sentence completion or release
- Third-degree felony: 7 years from sentence completion or release
- Second-degree felony: 7 years from sentence completion or release
- Arrest without conviction / dismissed charges: Eligible for automatic expungement under HB 431 (2019); no waiting period
No Prior Conviction Limitation
Utah does not impose a strict one-conviction rule, but your criminal history still matters. The BCI reviews your full history, and multiple convictions can affect eligibility. Additionally, if you have convictions in other states or federal courts, those are considered. Generally, you must have completed the sentence for all offenses before applying, and a waiting period runs from the most recent completion. Learn more about background check reports on our blog.
Categorically Excluded Offenses
Certain offenses cannot be expunged under any circumstances in Utah:
- Capital felonies
- First-degree felonies (with very limited exceptions for certain non-violent offenses)
- Any felony involving a sex offense requiring registration on the sex offender registry
- Any offense involving a child victim (abuse, exploitation, enticing a minor)
- DUI convictions (alcohol- or drug-related driving offenses)
- Automobile homicide
The Certificate of Eligibility: Utah's Unique First Step
Before filing a court petition, you must apply to the Utah Bureau of Criminal Identification for a Certificate of Eligibility. Here is how that process works:
- Apply online or by mail through the Utah Department of Public Safety's BCI division (bci.utah.gov). The application requires your personal information and details about the record you want expunged.
- Pay the BCI application fee - currently $65 per conviction, or free for arrests without conviction. This fee is non-refundable even if the certificate is denied.
- BCI reviews your history. BCI checks your criminal history across Utah and against national databases. They verify that the waiting period has elapsed, the offense is eligible, and no disqualifying factors exist. This process typically takes 30 to 60 days.
- BCI issues the certificate or denial. If you are eligible, BCI issues a Certificate of Eligibility valid for 90 days. If denied, BCI provides a written explanation. Denials can be appealed to the district court.
The 90-day window to use the Certificate of Eligibility is important. You must file your district court petition within that window, or the certificate expires and you must restart the BCI process.
Filing the Court Petition
With your Certificate of Eligibility in hand, you file an expungement petition with the district court in the county where the offense occurred. Required documents include:
- The petition for expungement (form available at utcourts.gov)
- The original Certificate of Eligibility from BCI
- A $135 court filing fee (separate from the BCI fee)
- Service on the prosecutor's office
The prosecutor has 60 days to object. If no objection is filed, the court typically grants the petition without a hearing. If the prosecutor objects, a hearing is scheduled where you must appear and present your case.
Once granted, the expungement order is distributed to BCI, the arresting agency, relevant court clerks, and the Utah Department of Corrections (if applicable). BCI seals the criminal history record, and the Utah Courts' XChange case management system is updated to restrict public access.
Automatic Expungement for Arrests Without Conviction
Utah's 2019 HB 431 created an important shortcut for people who were arrested but not convicted. The BCI may automatically seal records of arrests that did not result in conviction - without the individual needing to petition the court. Eligible cases include arrests where:
- No charges were filed within the applicable statute of limitations
- All charges were dismissed
- The individual was acquitted on all charges
BCI processes these automatic expungements in batches. If your case qualifies, you may find that BCI has already sealed the arrest record without any action on your part. However, it is worth verifying - not all eligible cases are processed automatically, and the timeline can vary.
After Expungement: Addressing Online Records
Utah expungement seals the official state record. The Utah Courts' online case search system (XChange) removes the public-facing record. The BCI updates its criminal history database. These are positive and meaningful steps.
However, Utah's online court system is one that data brokers have historically scraped extensively. Background check companies including Instant Checkmate, TruthFinder, Spokeo, PeopleFinders, and many others will have copies of your Utah court records from before the expungement. These private companies are not automatically notified of your expungement and are not legally required to remove the information simply because the state has sealed its record.
Addressing this layer of online exposure requires direct engagement with each data broker - submitting opt-out requests, providing documentation of the expungement, and following up to confirm removal. In some cases, formal legal letters are necessary to compel compliance. Reputation Resolutions specializes in this multi-platform removal process and can manage it on your behalf.
Utah Code § 77-40-101 governs expungement. The two-step process - first obtaining a Certificate of Eligibility from BCI ($65), then petitioning the district court - is unique to Utah. Visit utcourts.gov for forms and the XChange public records system. Full statutory text is available at le.utah.gov.
Utah's HB 431 (2019) created automatic expungement for arrests without conviction. For convictions, the petition process still applies with waiting periods ranging from no wait (infractions) to 7 years (felonies).
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Utah Court Records: What Shows Where
| Record Type / Platform | Legal Relief Available? | Online Removal Possible? |
|---|---|---|
| Arrest without conviction | Yes - auto expungement (HB 431) or petition | Yes - after sealing order |
| Infraction conviction | Yes - § 77-40-105 (no wait) | Yes - after expungement order |
| Class B misdemeanor conviction | Yes - § 77-40-105 (3yr wait) | Yes - after expungement order |
| Class A misdemeanor conviction | Yes - § 77-40-105 (5yr wait) | Yes - after expungement order |
| 2nd or 3rd degree felony (eligible) | Yes - § 77-40-105 (7yr wait) | Yes - after expungement order |
| 1st degree felony / capital felony | No - categorically excluded | Partial - data broker removal possible |
| DUI conviction | No - categorically excluded | Partial - data broker removal and suppression |
| Sex offense requiring registration | No - categorically excluded | Partial - data broker removal possible |
| Utah Courts XChange listing | Yes - sealed after expungement | Yes - for sealed records |
| Data broker / background check sites | No legal remedy | Yes - opt-out and removal requests |
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Frequently Asked Questions
Utah's Bureau of Criminal Identification (BCI) issues a Certificate of Eligibility before an individual may petition a court for expungement. The BCI reviews your criminal history against the eligibility requirements in Utah Code § 77-40-105 and certifies whether you meet them. Without this certificate, a court cannot grant expungement. The certificate costs $65 and BCI typically processes requests within 30 to 60 days.
Waiting periods in Utah vary by offense: infractions (no wait), Class B misdemeanor (3 years), Class A misdemeanor (5 years), most felonies (7 years). These periods run from the later of sentence completion or release from custody. If you have multiple convictions, all waiting periods must have elapsed.
Yes - Utah allows expungement of many felony convictions, which is more permissive than most states. However, certain felonies are categorically excluded: capital felonies, first-degree felonies (with very limited exceptions), and convictions for sex offenses requiring registration and DUI. For eligible second and third-degree felonies, a 7-year waiting period applies.
Utah passed HB 431 in 2019, which created an automatic expungement process for certain cases - specifically arrests without conviction, dismissed charges, and acquittals. For those cases, the BCI may automatically process expungement without the individual needing to petition the court. Conviction-based expungement still requires a petition.
Often yes. After expungement, the Utah Courts' XChange system is updated and the Utah Department of Public Safety removes the record from its criminal history. However, data brokers that copied the record before expungement will continue to display it unless they receive direct removal requests. Multiple background check sites will need to be addressed individually.
The Utah expungement process has two phases. First, you apply to BCI for the Certificate of Eligibility ($65) - BCI typically processes these within 30–60 days. Second, you file the petition with the district court. From filing to a signed order generally takes an additional 2–4 months, depending on the court's docket and whether the prosecutor objects. Total timeline from start to sealed record is typically 4–7 months. Online removal from data brokers runs concurrently or following the legal process.
After Utah expungement, the XChange public case search is updated and you may legally answer "no" to most employment application questions about convictions. However, employers using third-party background check services may still see the record if that service has a cached copy from before the expungement. Under the FCRA, you have the right to dispute inaccurate or outdated information with consumer reporting agencies. Sending each background check service a copy of your expungement order and following up is important to ensure full removal from employment screening databases.
Beyond the $65 BCI Certificate of Eligibility fee, you will pay a court filing fee of approximately $135 when you file the expungement petition with the district court. If you hire an attorney, legal fees typically run $800–$2,500 depending on complexity. Some courts have fee waiver processes for petitioners who qualify as indigent. Total out-of-pocket for a self-represented petitioner is typically $200–$250. Data broker and online removal services are separate costs not included in the court process.