How long do I have to wait for Utah expungement?

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.

Can I expunge a felony in Utah?

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.

Does Utah have automatic expungement or clean slate laws?

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.

Will my Utah record still appear online after expungement?

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.

How long does the full Utah expungement process take from start to finish?

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.

Can my Utah employer still access my record after expungement?

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.

What is the cost to expunge a record in Utah beyond the BCI Certificate fee?

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.

Utah Expungement & Court Record Removal Guide (2026)

Quick Overview

Utah Code § 77-40-101 through § 77-40-115 establishes Utah's expungement framework.
Utah's eligibility rules are set out in § 77-40-105.
Before filing a court petition, you must apply to the Utah Bureau of Criminal Identification for a Certificate of Eligibility.

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On this page 2 sections

Utah Courts XChange: The Primary Source of Online Record Exposure
Utah-Specific Data Broker and Background Check Removal Strategy

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.

Waiting 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

Utah's expungement statute excludes certain offenses, and for those the route runs through online removal and suppression:

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, including if the certificate is not issued.
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 its decision. If you are eligible, BCI issues a Certificate of Eligibility valid for 90 days. If the application is not approved, BCI provides a written explanation, and the decision 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 Law - Key Statute

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).

Authoritative Resources

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

Utah Courts XChange: The Primary Source of Online Record Exposure

Utah's public court record system operates through the Utah Courts' XChange case management portal, accessible to the public at utcourts.gov. XChange provides real-time access to Utah district court case information including criminal matters, civil filings, and appellate records. Unlike some state portals that limit access to certain record types, XChange is one of the more comprehensive public-access portals in the Mountain West - and has been heavily scraped by data broker companies as a result.

XChange case records typically show:

Defendant name, date of birth, and case number
Charge description, offense level, and statutory citation
Judgment and sentencing information (conviction, dismissal, acquittal, deferred sentence)
Attorney of record and judicial officer assigned
Case filing and disposition dates

After Utah expungement is granted by the district court, BCI seals the criminal history record and notifies the court clerk, who updates the XChange system to restrict public access. This typically occurs within 30 to 45 days of the court entering the expungement order. The BCI also notifies the Utah Department of Corrections and any other agency that holds a copy of the record.

The critical limitation: XChange does not push notifications to private data brokers when records are sealed. Companies that scraped your Utah record from XChange before the expungement retain that data indefinitely in their own databases. These companies - including Spokeo, Instant Checkmate, TruthFinder, and employment background screeners like Checkr and Sterling - will continue to surface your Utah record until directly contacted with removal requests and documentation of your expungement order.

Utah-Specific Data Broker and Background Check Removal Strategy

Utah's BCI two-step process creates a natural documentation package for data broker removal: the Certificate of Eligibility and the court's expungement order together provide strong proof of your legal status. When contacting background check companies and data brokers, sending both documents significantly strengthens your removal request.

Key removal targets for Utah court records, based on our experience:

Spokeo: Utah XChange data frequently appears in Spokeo profiles. Spokeo offers an online suppression form; removal is typically processed within 4-6 weeks but profiles may regenerate if XChange data is re-scraped before your official seal propagates.
TruthFinder and Instant Checkmate: Both are operated by the same parent company and share removal processes. Submit to one and it typically propagates to both, though separate confirmation should be obtained. Processing takes 30-45 days.
Checkr, Sterling, First Advantage: These are employment-focused consumer reporting agencies regulated by the FCRA. After expungement, you can send your BCI Certificate and court order to each company's dispute department. Under the FCRA, they are required to investigate and update records within 30 days.
Utah-specific mugshot sites: Utah arrest data has been republished by regional mugshot sites that aggregate records from county jails (Salt Lake County Jail, Utah County Jail, Weber County Sheriff). Many of these sites have removal processes that accept expungement orders. For sites that do not voluntarily remove records, search suppression is the next strategy.
KSL.com and Deseret News: Utah's major news outlets cover significant court matters. These editorial publications are not subject to expungement orders but may consider voluntary de-indexing or removal requests, particularly for arrests without conviction that were covered at the initial arrest stage.

Utah's deferred sentence option - where a defendant enters a plea that is held in abeyance and dismissed upon successful completion of probation - creates its own nuance. Deferred sentences that are dismissed are treated as non-convictions and are eligible for expungement (or automatic expungement under HB 431 in some cases) without the full waiting periods that apply to convictions. However, data brokers often display these cases as if they were convictions, since the original charge and plea were publicly visible during the probationary period. Clarifying the actual disposition and providing documentation is often necessary when disputing deferred sentence records with background check companies.

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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.

Keep reading

Utah Expungement & Court Record Removal: The BCI Certificate Process

Quick Overview

Utah's Expungement Framework: More Permissive Than Most