A Fresh Start: Understanding Utah’s Clean Slate Law and Expungement
A criminal record, even one from many years ago for a minor offense, can be a massive barrier to a person’s future. It can prevent you from securing stable housing, finding a good-paying job, or accessing certain educational opportunities. This barrier is incredibly counterproductive for individuals working hard to maintain their recovery and build a better life.
Recognizing this, Utah has made significant strides in reforming its expungement process, most notably through the implementation of the Clean Slate Law.
If you have a past record in Utah, here is a plain-language guide to understanding how the Clean Slate Law works, which offenses are eligible, and what to do if you need to petition for an expungement.
What is Expungement?
Expungement is the legal process of erasing records related to arrests, investigations, or convictions. When a judge signs an expungement order, your record is sealed, meaning it becomes inaccessible to the public. For background checks related to most employment and housing, an expunged record will no longer appear.
Utah’s Clean Slate Law: Automatic Expungement
Before 2022, getting an expungement in Utah required a complicated, petition-based process that involved filing fees, gathering certificates, and navigating the court system.
To address this burden, the Utah Legislature passed the Clean Slate Law, which began clearing records in February 2022. The most significant feature of this law is that it automatically expunges certain low-level offenses after a set amount of time has passed, provided you have remained crime-free.
The Benefits of Automatic Expungement:
- No Petition: You do not need to file paperwork with the court.
- No Fees: The process is entirely free.
- No Certificates: You do not need to request a Certificate of Eligibility from the Bureau of Criminal Identification (BCI).
- Automatic: It happens without requiring notice to the individual.
Note: From October 1, 2024, through January 1, 2026, there is a transitional process where individuals can submit a specific form to the court to request the automatic expungement of an eligible case.
Which Offenses Qualify for Clean Slate?
The Clean Slate Law specifically targets low-level, non-violent offenses. To qualify for automatic expungement, you must remain conviction-free for a specific period (usually 5 to 7 years, depending on the offense).
Eligible offenses generally include:
- Misdemeanor A drug possession convictions.
- Most Misdemeanor B and C level convictions.
- All infractions.
- Cases that resulted in an acquittal (found not guilty).
- Cases that were dismissed with prejudice.
What is NOT Covered by Clean Slate?
The Clean Slate Law will not automatically clear:
- Felony records (except in some specific, older petition processes).
- Domestic violence-related offenses.
- Registered sex offenses.
- Simple assault.
- DUI (Driving Under the Influence) offenses.
Furthermore, individuals with a high total number of criminal records across separate episodes may not qualify for automatic clearance.
The Petition-Based Expungement Process
If your offense does not qualify for automatic expungement under the Clean Slate Law (for instance, a Class A misdemeanor that isn’t drug possession, or an older felony where sufficient time has passed), you may still be eligible to clear your record through the traditional petition-based process.
This process is more involved and requires action on your part:
- Check Eligibility and Obtain a Certificate: You must first apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility. This confirms you have met all waiting periods and have paid all court-ordered fines and restitution.
- File a Petition: Once you receive the certificate (which is valid for 90 to 180 days, depending on the court), you must file a Petition to Expunge with the specific court where your case was handled.
- Pay the Fees: The petition process requires a $135 filing fee, plus costs for BCI certificates and certified copies of the final order.
- Fee Waivers: If you cannot afford the filing fee, you can submit a Motion to Waive Fees for Expungement to the judge. The legislature has also recently passed measures to waive court filing fees for cases that do not qualify under Clean Slate.
Waiting Periods for Petition-Based Expungement
If you are using the petition process, you must wait a specific number of years after your case is closed (which includes completing probation, parole, and paying all fines) before you can apply:
- Felony (general): 7 years
- Felony Drug Possession: 5 years
- Class A Misdemeanor: 5 years
- Class B Misdemeanor: 4 years
- Class C Misdemeanors/Infractions: 3 years
- Alcohol-related traffic offenses (DUI): 10 years
How to Find Out Where You Stand
Because the state is still processing thousands of backlogged cases, it can be confusing to know if your record has been cleared.
- For Clean Slate Updates: You can submit an application and a $15 fee to BCI to receive a letter stating exactly what has been auto-expunged or petition-expunged from your record.
- Check Your Court Record: You can create a free account at MyCase (Utah Courts) to view your public court records.
The Bottom Line
A criminal record shouldn’t be a life sentence of restricted opportunity. If you are in recovery and trying to move forward, clearing your record is one of the most impactful steps you can take. For support during this process, our partners at Clean Slate Utah may be able to help.
Disclaimer: This blog post is intended for educational purposes and does not constitute formal legal advice. Expungement laws are complex. If you have specific questions about your eligibility or need assistance with a petition, please consult with a qualified attorney or legal aid organization in Utah.
