Utah is generous when it comes to clearing old criminal records. The Legislature has even created automatic—Clean Slate expungement—for many low-level cases. If you wait long enough, some cases will clear without you ever filing a petition.
But not all criminal records qualify, and many people falsely assume everything eventually wipes away. That is not true. Most cases do not go away unless you file for an expungement.
Automatic expungement applies only to very specific types of cases, and only after long statutory waiting periods. The Utah Legislature also regularly amends these laws, which means eligibility can shift.
Below is the current list of cases that are NOT eligible for automatic expungement under Utah’s Clean Slate system. If your case falls into one of these categories, you must pursue a petition-based expungement (and in some situations you cannot expunge the record at all).
Cases NOT Eligible for Automatic Expungement in Utah
Automatic expungement cannot be used for cases involving:
1. Crimes Against the Person
Any offense under Title 76, Chapter 5 (assault, child abuse, homicide-related offenses, kidnapping, stalking, sexual offenses, etc.). You also cannot expunge adult violent felonies. You must first reduce them to misdemeanors using a 402 reduction, and only then can you expunge violent misdemeanors.
2. Domestic Violence Offenses
Any conviction defined as domestic violence under Utah Code § 77-36-1. Like crimes of violence, a victim objection can make the expungement contested and more costly.
3. Weapons Offenses
Any offense under Title 76, Chapter 10 involving firearms or dangerous weapons.
4. Lewdness or Sex-Related Misdemeanors
Including sexual battery and lewdness offenses. Sex offenses requiring registration are not expungeable.
5. DUI, Impaired Driving, or Reckless Driving
All offenses under Title 41, Chapter 6a, Part 5 are excluded from automatic expungement. There is a 10-year waiting period to expunge DUIs.
6. Destruction or Interruption of a Communication Device
A domestic-violence-linked offense under § 76-6-108.
7. Any Felony or Most Class A Misdemeanors
Only one Class A offense qualifies: Class A drug possession. All other felonies and Class As are not eligible for Clean Slate.
8. Cases With Unpaid Restitution
Automatic expungement will not proceed until restitution is paid in full. If you have a restitution balance, you can never expunge that case. If your case was closed unsuccessfully, you cannot expunge it at all.
9. Criminal History Above Certain Thresholds
Utah law sets numerical limits on how many lifetime convictions a person can have. Exceeding those limits blocks automatic expungement.
10. Cases With Pending Criminal Charges
If you have any pending non-traffic case, the court cannot automatically expunge older eligible cases. Any open case—traffic or otherwise—will stop all automatic expungements until the matter is closed.
11. Individuals Incarcerated, on Probation, or on AP&P Parole (Effective 2025)
You cannot receive automatic expungement while incarcerated, on probation, or under AP&P supervision (except for traffic/infraction matters).
Most Utah Cases Still Require a Petition and Certificate of Eligibility
The overwhelming majority of Utah criminal records do not clear automatically. Most people still must go through the traditional petition-based expungement process, which requires:
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A BCI Certificate of Eligibility
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A formal petition filed with the court
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Possible objections from prosecutors or victims
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A final expungement order signed by the judge
Automatic expungement is helpful, but it is slow, limited, and excludes many common offenses.
Why Hire a Private Utah Expungement Attorney?
Waiting for Utah’s automatic Clean Slate system often means:
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Years of delay
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Missed job or housing opportunities
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No guarantee your case will be identified correctly
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No way to speed up the Clean Slate queue
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No help if prosecutors object
A private attorney can often get your record expunged years sooner than the State’s mass-processing timeline, and can handle objections, technical issues, or eligibility problems that stop most people from getting relief on their own.
Call or Text a Utah Expungement Attorney
If you want your record cleared now—not years from now—contact:
Jake Gunter, Utah Expungement Attorney Call/Text: (801) 373-6345
Learn More About Criminal Defense Lawyer Jake Gunter
For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter's background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.