77-40a - Expungement of Criminal Records
Title 77 > 77-40a
Sections (24)
General Provisions
77-40a-101 - Definitions.
As used in this chapter:
(1) “Agency” means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered.
(2) “Automatic expungement” means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition.
(3) “Bureau” means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201.
(4) “Certificate of eligibility” means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement.
(5) “Civil accounts receivable” means the same as that term is defined in Section 77-32b-102.
(6) “Civil judgment of restitution” means the same as that term is defined in Section 77-32b-102.
(7) “Civil protective order” means the same as that term is defined in Section 78B-7-102.
(8) “Clean slate eligible case” means a case that is eligible for automatic expungement under Section 77-40a-205.
(9) “Conviction” means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere.
(10) “Court” means a district court or a justice court.
(11) “Criminal accounts receivable” means the same as that term is defined in Section 77-32b-102.
(12) “Criminal protective order” means the same as that term is defined in Section 78B-7-102.
(13) “Criminal stalking injunction” means the same as that term is defined in Section 78B-7-102.
(14) “Department” means the Department of Public Safety established in Section 53-1-103.
(15) “Drug possession offense” means:an offense described in Subsection 58-Ch58_37|58-37-8], except for:an offense under Subsection 58-Ch58_37|58-37-8](b)(i), possession of 100 pounds or more of marijuana;an offense enhanced under Subsection 58-Ch58_37|58-37-8](e), violation in a correctional facility; oran offense for driving with a controlled substance illegally in the person’s body and negligently causing serious bodily injury or death of another, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-Ch58_37|58-37-8](g);an offense described in Subsection 58-Ch58_37a|58-37a-5], use or possession of drug paraphernalia;an offense described in Section 58-37b-6, possession or use of an imitation controlled substance; orany local ordinance which is substantially similar to any of the offenses described in this Subsection (15).
(16) “Expunge” means to remove a record from public inspection by:sealing the record; orrestricting or denying access to the record.”Expunge” does not include the destruction of a record.
(17) “Indigent” means a financial status that results from a court finding that a petitioner is financially unable to pay the fee to file a petition for expungement under Section 78A-2-302.
(18) “Jurisdiction” means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.
(19) “Minor regulatory offense” means a class B or C misdemeanor offense or a local ordinance.”Minor regulatory offense” includes an offense under Section 76-9-110 or 76-9-1106.”Minor regulatory offense” does not include:any drug possession offense;an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;an offense under Sections 73-18-13 through 73-18-13.6;except as provided in Subsection (19)(b), an offense under Title 76, Utah Criminal Code; orany local ordinance that is substantially similar to an offense listed in Subsections (19)(c)(i) through (iv).
(20) “Petitioner” means an individual applying for expungement under this chapter.
(21) “Plea in abeyance” means the same as that term is defined in Section 77-2a-1.
(22) “Record” means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material, regardless of physical form or characteristics, that:is contained in the agency’s file regarding the arrest, detention, investigation, conviction, sentence, incarceration, probation, or parole of an individual; andis prepared, owned, received, or retained by an agency, including a court.
(23) “Special certificate” means a document issued as described in Subsection 77-40a-304(1)(c) by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with the case do not clearly demonstrate whether the case is eligible for expungement.
(24) “Traffic offense” means:an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor Vehicle Act;an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;an infraction or a class C misdemeanor offense under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act;an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; andall local ordinances that are substantially similar to an offense listed in Subsections (24)(a)(i) through (iii).”Traffic offense” does not include:an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;an offense under Section 41-12a-302 for operating a motor vehicle without owner’s or operator’s security;an offense under Section 41-12a-303.3 for providing false evidence of owner’s or operator’s security;an offense under Sections 73-18-13 through 73-18-13.6; orany local ordinance that is substantially similar to an offense listed in Subsection (24)(b)(i) or (ii).
(25) “Traffic offense case” means that each offense in the case is a traffic offense.
Amended by Chapter 173, 2025 General Session
77-40a-102 - Applicability to juvenile court records.
This chapter does not apply to an expungement of a record for an adjudication under Section 80-6-701 or a nonjudicial adjustment, as that term is defined in Section 80-1-102 , of an offense in the juvenile court.
Renumbered and Amended by Chapter 250, 2022 General Session
77-40a-103 - Retroactive application.
The provisions of this chapter apply retroactively to all arrests and convictions regardless of the date on which the arrests were made or convictions were entered.
Renumbered and Amended by Chapter 250, 2022 General Session
77-40a-104 - Department rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(1) implement procedures for processing an automatic expungement;
(2) implement procedures for applying for certificates of eligibility;
(3) specify procedures for receiving a certificate of eligibility;
(4) specify the procedure for notification of an order of expungement under Subsection 77-40a-306(5)(b);
(5) create forms and determine information necessary to be provided to the bureau; and
(6) implement procedures for the confirmation of an expungement under Subsection 77-Ch77_40a|77-40a-401].
Amended by Chapter 239, 2025 General Session
77-40a-105 - Eligibility for removing the link between personal identifying information and court case dismissed.
(1) As used in this section:“Domestic violence offense” means the same as that term is defined in Section 77-36-1.”Personal identifying information” means:a current name, former name, nickname, or alias; anddate of birth.
(2) An individual whose criminal case is dismissed may move the court for an order to remove the link between the individual’s personal identifying information from the dismissed case in any publicly searchable database of the Utah state courts.If a motion is filed under Subsection (2)(a), the court shall grant the motion if:30 days have passed from the day on which the case is dismissed ;no appeal is filed for the dismissed case within the 30-day period described in Subsection (2)(b)(i); andno charge in the case was a domestic violence offense.
(3) Removing the link to personal identifying information of a court record under Subsection (2) does not affect a prosecuting, arresting, or other agency’s records.
(4) A case history, unless expunged under this chapter, remains public and accessible through a search by case number.
Amended by Chapter 194, 2024 General Session
77-40a-107 - Expungement data requirements — Report.
(1) No later than November 1 of each year, the Administrative Office of the Courts shall submit a written report to the Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data for the preceding fiscal year, including:the number of petitions filed for expungement in the district, justice, and juvenile courts;the number of petitions granted for expungement in the district, justice, and juvenile courts;the number of orders issued for an automatic expungement by the district, justice, and juvenile courts;the total number of individuals for whom at least one automatic expungement order was issued by the district, justice, or juvenile court; andthe total number of individuals for whom at least one petition-based expungement order was issued by the district, justice, or juvenile court.
(2) No later than November 1 of each year, the bureau shall submit a written report to the Criminal Justice Appropriations Subcommittee and the Judiciary Interim Committee regarding expungement data for the preceding fiscal year, including:the number of applications for expungement received by the bureau;the number of certificates of eligibility issued by the bureau; andthe number of orders for expungement received by the bureau.
Amended by Chapter 271, 2025 General Session
Automatic Expungement and Deletion
77-40a-201 - General provisions for automatic expungement and deletion.
(1) Nothing in this section precludes an individual from filing a petition for expungement of records that are eligible for automatic expungement or deletion under this section if an automatic expungement or deletion has not occurred pursuant to this section.
(2) An automatic expungement performed under this part does not preclude a person from requesting access to expunged records in accordance with Section 77-40a-403 or 77-40a-404.
(3) The Judicial Council and the Supreme Court shall make rules to govern the process for automatic expungement.The rules under Subsection (3)(a) may authorize:a presiding judge of a district court to issue an expungement order for any case when the requirements for automatic expungement are met; anda presiding judge of a justice court to issue an expungement order for any justice court case within the presiding judge’s judicial district when the requirements for automatic expungement are met.
(4) An individual does not have a cause of action for damages as a result of the failure to:identify an individual’s case as eligible for automatic expungement or deletion under this part; orautomatically expunge or delete the records of a case that is eligible under this part.
Amended by Chapter 180, 2024 General Session
77-40a-202 - Automatic deletion for traffic offense by a court.
(1) A court shall delete all records for the following traffic offenses without a court order or notice to the prosecuting agency:a traffic offense case that resulted in an acquittal on all charges;a traffic offense case that is dismissed with prejudice, except for a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-Ch77_2a|77-2a-3](b); ora traffic offense case for which the following time periods have elapsed from the day on which the case is adjudicated:at least five years for a class C misdemeanor or an infraction; orat least six years for a class B misdemeanor.
(2) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated on or after May 1, 2020, the court shall delete all records for the traffic offense upon identification.
(3) For a traffic offense case that results in an acquittal, is dismissed, or is adjudicated before May 1, 2020, the court shall delete all records for the traffic offense within one year of the day on which the case is identified as eligible for deletion.
Amended by Chapter 180, 2024 General Session
77-40a-204 - Request for automatic expungement of a case — Automatic expungement before October 1, 2024, and on and after January 1, 2026.
(1) On and after October 1, 2024, but before January 1, 2026, an individual must submit the necessary form to the court to receive an expungement of a case that is eligible under this part.If a form is submitted as described in Subsection (1), the court shall determine whether the individual has a case that qualifies for expungement in accordance with Sections 77-40a-205 and 77-40a-206.
(2) A court shall automatically expunge a case in accordance with this part if the court identified the case as being eligible for automatic expungement before October 1, 2024, and the requirements for automatic expungement were met under this part.
(3) On and after January 1, 2026, a court shall automatically expunge a case in accordance with this part if the court identifies the case as being eligible for automatic expungement.
(4) A court shall make reasonable efforts, within available funding, to expunge a case under Subsection (3) as quickly as practicable with the goal of:expunging a case that resulted in an acquittal on all charges on or after May 1, 2020, 60 days after acquittal;expunging a case that resulted in a dismissal with prejudice, other than a case that is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-Ch77_2a|77-2a-3](b), on or after May 1, 2020, 180 days after:for a case in which no appeal was filed, the day on which the entire case against the individual is dismissed with prejudice; orfor a case in which an appeal was filed, the day on which a court issues a final nonappealable order;expunging a clean slate eligible case that is adjudicated or dismissed on or after May 1, 2020, and is not a traffic offense within 30 days of the court determining that the requirements for expungement have been satisfied under Section 77-40a-205; andexpunging a case adjudicated or dismissed before May 1, 2020, within one year of the day on which the case is identified as eligible for automatic expungement.
Enacted by Chapter 180, 2024 General Session
77-40a-205 - Automatic expungement of state records for a clean slate case.
(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204;the case is eligible for expungement under this section; andthe prosecuting agency does not object to the expungement of the case as described in Subsection (6).
(2) Except as otherwise provided in Subsection (3), a case is eligible for expungement under this section if:each conviction within the case is a conviction for:a misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);a class B misdemeanor offense;a class C misdemeanor offense; oran infraction; andthe following time periods have passed after the day on which the individual is adjudicated:at least five years for the conviction of a class C misdemeanor offense or an infraction;at least six years for the conviction of a class B misdemeanor offense; orat least seven years for the conviction of a class A misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); orthe case is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) or the case is dismissed without prejudice;each charge within the case is:a misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);a class B misdemeanor offense;a class C misdemeanor offense; oran infraction; andthe following time periods have passed after the day on which the case is dismissed:at least five years for a charge in the case for a class C misdemeanor offense or an infraction;at least six years for a charge in the case for a class B misdemeanor offense; orat least seven years for a charge in the case for a class A misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
(3) A case is not eligible for expungement under this section if:the individual has a total number of convictions in courts of this state that exceed the limits under Subsection 77-40a-303(4) or (5) without taking into consideration:the exception in Subsection 77-40a-303(7); orany infraction, traffic offense, or minor regulatory offense;there is a criminal proceeding for a misdemeanor or felony offense pending in a court of this state against the individual, unless the proceeding is for a traffic offense;for an individual seeking an automatic expungement on and after January 1, 2025, the individual is incarcerated in the state prison or on probation or parole that is supervised by the Division of Adult Probation and Parole created in Section 64-14-202;the case resulted in the individual being found not guilty by reason of insanity;the case establishes a criminal accounts receivable that:has been entered as a civil accounts receivable or a civil judgment of restitution and transferred to the Office of State Debt Collection under Section 77-18-114; orhas not been satisfied according to court records; orthe case resulted in a plea held in abeyance or a conviction for the following offenses:any of the offenses listed in Subsection 77-Ch77_40a|77-40a-303](a);an offense against the person in violation of Title 76, Chapter 5, Offenses Against the Individual;a weapons offense in violation of Title 76, Chapter 11, Weapons;sexual battery in violation of Section 76-5-418;an act of lewdness in violation of Section 76-5-419 or 76-5-420;an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;damage to or interruption of a communication device in violation of Section 76-6-108;a domestic violence offense as defined in Section 77-36-1;driving under the influence of alcohol, drugs, or a combination of both, or with specified or unsafe blood alcohol concentration, as codified before February 2, 2005, Laws of Utah 2005, Chapter 2; orany other offense classified in the Utah Code as a felony or a class A misdemeanor other than a class A misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
(4) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that appears to be eligible for automatic expungement under this section.
(5) Within 35 days after the day on which the notice described in Subsection (4) is sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic expungement for any of the following reasons:the prosecuting agency believes that the case is not eligible for expungement under this section after reviewing the agency record;the individual has not paid restitution to the victim as ordered by the court; orthe prosecuting agency has a reasonable belief, grounded in supporting facts, that an individual involved in the case is continuing to engage in criminal activity within or outside of the state.
(6) If a prosecuting agency provides written notice of an objection for a reason described in Subsection (5) within 35 days after the day on which the notice under Subsection (4) is sent, the court may not proceed with automatic expungement of the case.
(7) If 35 days pass after the day on which the notice described in Subsection (4) is sent without the prosecuting agency providing written notice of an objection under Subsection (5), the court shall proceed with automatic expungement of the case.
(8) If a court issues an order of expungement under Subsection (1), the court shall:expunge all records of the case held by the court in accordance with Section 77-40a-401; andnotify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.
Amended by Chapter 173, 2025 General Session
77-40a-206 - Automatic expungement of state records for a case resulting in an acquittal or dismissal with prejudice.
(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204; andthe case is eligible for expungement under this section.
(2) Except as provided in Subsection (3), a case is eligible for expungement under this section if:the case resulted in an acquittal on all charges; andat least 60 days have passed after the day on which the case resulted in an acquittal; orthe case is dismissed with prejudice; andat least 180 days have passed after the day on which:for a case in which no appeal was filed, the entire case against the individual is dismissed with prejudice; orfor a case in which an appeal was filed, a court issues a final nonappealable order.
(3) A case is not eligible for expungement under Subsection (2) if:the case resulted in an acquittal because the individual is found not guilty by reason of insanity; orthe case is dismissed with prejudice as a result of successful completion of a plea in abeyance agreement governed by Subsection 77-Ch77_2a|77-2a-3](b).
(4) If a court issues an order of expungement under Subsection (1), the court shall:expunge all records of the case held by the court as described in Section 77-40a-401; andnotify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.
Enacted by Chapter 180, 2024 General Session
77-40a-207 - Automatic expungement by the bureau.
(1) Upon receiving notice from a court of an expungement order under this part, the bureau shall expunge all records of the case in accordance with Section 77-40a-401.
(2) Notwithstanding Subsection (1) or Section 77-40a-205, the bureau may request that a court vacate an expungement order issued under this part if the bureau determines that:the order is expunging:a case that was dismissed as a result of a plea held in abeyance; ora conviction of an offense; andthe offense was not eligible for expungement under this part at the time that the court issued the order.The court shall vacate an expungement order issued under this part if the court determines that the offense was not eligible for expungement under this part at the time the court issued the order.
(3) The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(4) Except for the court and the bureau, an agency is not required to expunge all records of a case that is automatically expunged under this part.
Amended by Chapter 239, 2025 General Session
Petition for Expungement
77-40a-301 - Application for certificate of eligibility for expungement — Penalty for false or misleading information on application.
(1) If an individual seeks to expunge the individual’s criminal record in regard to an arrest, investigation, detention, or conviction, the individual shall:except as provided in Subsection 77-Ch77_40a|77-40a-305] or (4), apply to the bureau for a certificate of eligibility for expungement of the criminal record and pay the application fee as described in Section 77-40a-304;except as provided in Subsections 77-Ch77_40a|77-40a-304] and (7), pay the issuance fee for the certificate of eligibility or special certificate as described in Section 77-40a-304 if the individual is eligible to receive a certificate of eligibility or special certificate; andfile a petition for expungement in accordance with Section 77-40a-305.
(2) An individual who intentionally or knowingly provides any false or misleading information to the bureau when applying for a certificate of eligibility is guilty of a class B misdemeanor and subject to prosecution under Section 76-8-504.6.Regardless of whether the individual is prosecuted, the bureau may deny a certificate of eligibility to anyone who knowingly provides false information on an application.
Amended by Chapter 180, 2024 General Session
77-40a-302 - Requirements for certificate of eligibility to expunge records of arrest, investigation, and detention.
(1) Except as provided in Subsection (2), if a petitioner is arrested or charged with an offense, the petitioner is eligible to receive a certificate of eligibility from the bureau to expunge records of the arrest, investigation, and detention in the case for the offense if:the following time periods have passed:at least 30 days have passed after the day on which the petitioner is arrested or charged for the offense;at least three years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class C misdemeanor or an infraction; andat least four years have passed after the day on which the petitioner was convicted of the traffic offense if there is a conviction in the case for a traffic offense that is a class B misdemeanor; andone of the following occurs:an investigating law enforcement agency and the prosecuting attorney have screened the case and determined that no charges will be filed against the petitioner;all charges in the case are dismissed with prejudice;if a charge in the case is dismissed without prejudice or without condition:the prosecuting attorney consents in writing to the issuance of a certificate of eligibility; orat least 180 days have passed after the day on which the charge is dismissed;the petitioner is acquitted at trial on all of the charges in the case; orthe statute of limitations expires on all of the charges in the case.
(2) A petitioner is not eligible for a certificate of eligibility under Subsection (1) if:there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense; orthere is a criminal protective order or a criminal stalking injunction in effect for the case.
Amended by Chapter 180, 2024 General Session
77-40a-303 - Requirements for a certificate of eligibility to expunge records of a conviction.
(1) Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if:the petitioner has paid in full all fines and interest ordered by the court related to the conviction for which expungement is sought;the petitioner has paid in full all restitution ordered by the court under Section 77-38b-205; andthe following time periods have passed after the day on which the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for the conviction that the petitioner seeks to expunge:10 years for the conviction of a misdemeanor under Subsection 41-Ch41_6a|41-6a-501];10 years for the conviction of a felony for operating a motor vehicle with any amount of a controlled substance in an individual’s body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-Ch58_37|58-37-8](g);seven years for the conviction of a felony;five years for the conviction of a drug possession offense that is a felony;five years for the conviction of a class A misdemeanor;four years for the conviction of a class B misdemeanor; orthree years for the conviction of a class C misdemeanor or infraction.
(2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction under Subsection (1) if:except as provided in Subsection (3), the conviction for which expungement is sought is:a capital felony;a first degree felony;a felony conviction of a violent felony as defined in Subsection 76-Ch76_3|76-3-203.5](c)(i);a felony conviction described in Subsection 41-Ch41_6a|41-6a-501]; oran offense, or a combination of offenses, that require registration as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Registry, at the time of the application for the certificate of eligibility;there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense;the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense;the petitioner intentionally or knowingly provides false or misleading information on the application for a certificate of eligibility;there is a civil protective order, a criminal protective order, or a criminal stalking injunction against the petitioner that is in effect; orthe bureau determines that the petitioner’s criminal history makes the petitioner ineligible for a certificate of eligibility under Subsection (4) or (5).
(3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Minor Tried as an Adult.
(4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau determines that the petitioner’s criminal history, including previously expunged convictions, contains any of the following:two or more felony convictions other than for drug possession offenses, each of which is contained in a separate criminal episode;any combination of three or more convictions other than for drug possession offenses that include two class A misdemeanor convictions, each of which is contained in a separate criminal episode;any combination of four or more convictions other than for drug possession offenses that include three class B misdemeanor convictions, each of which is contained in a separate criminal episode; orfive or more convictions other than for drug possession offenses of any degree whether misdemeanor or felony, each of which is contained in a separate criminal episode.
(5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau determines that the petitioner’s criminal history, including previously expunged convictions, contains any of the following:three or more felony convictions for drug possession offenses, each of which is contained in a separate criminal episode; orany combination of five or more convictions for drug possession offenses, each of which is contained in a separate criminal episode.
(6) If the petitioner’s criminal history contains convictions for both a drug possession offense and a non-drug possession offense arising from the same criminal episode, the bureau shall count that criminal episode as a conviction under Subsection (4) if any non-drug possession offense in that episode:is a felony or class A misdemeanor; orhas the same or a longer waiting period under Subsection (1)(c) than any drug possession offense in that episode.
(7) Except as provided in Subsection (8), if at least 10 years have passed after the day on which the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for all convictions:each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased by one; andeach numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if the highest level of convicted offense in the criminal episode is:a class B misdemeanor;a class C misdemeanor;a drug possession offense if none of the non-drug possession offenses in the criminal episode are a felony or a class A misdemeanor; oran infraction.
(8) When determining whether a petitioner is eligible for a certificate of eligibility under Subsection (4), (5), or (7), the bureau may not consider a petitioner’s pending case or prior conviction for:an infraction;a traffic offense;a minor regulatory offense; ora clean slate eligible case that was automatically expunged.
(9) If the petitioner received a pardon before May 14, 2013, from the Board of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes in accordance with Section 77-27-5.1.
Amended by Chapter 239, 2025 General Session
77-40a-304 - Certificate of eligibility process — Issuance of certificate — Fees.
(1) When a petitioner applies for a certificate of eligibility as described in Subsection 77-Ch77_40a|77-40a-301]:the petitioner shall pay an application fee at the time the petitioner submits an application for a certificate of eligibility to the bureau; andthe bureau shall perform a check of records of governmental agencies, including national criminal data bases, to determine whether the petitioner is eligible to receive a certificate of eligibility under this chapter.For purposes of determining eligibility under this chapter, the bureau may review records of arrest, investigation, detention, and conviction that have been previously expunged, regardless of the jurisdiction in which the expungement occurred.If a disposition for an arrest on the criminal history file is unobtainable after reasonable research, the bureau may issue a special certificate giving determination of eligibility to the court, except that the bureau may not issue the special certificate if:there is a criminal proceeding for a misdemeanor or felony offense pending against the petitioner, unless the criminal proceeding is for a traffic offense;there is a plea in abeyance for a misdemeanor or felony offense pending against the petitioner, unless the plea in abeyance is for a traffic offense; orthe petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense.
(2) Once the eligibility process is complete, the bureau shall notify the petitioner.If the petitioner meets all of the criteria under Section 77-40a-302 or 77-40a-303 and the bureau determines that the issuance of a certificate of eligibility or special certificate is appropriate:the bureau shall issue a certificate of eligibility or special certificate that is valid for a period of 180 days from the day on which the certificate is issued;the bureau shall provide a petitioner with an identification number for the certificate of eligibility or special certificate; andexcept as provided in Subsection (3), the petitioner shall pay an additional fee for the issuance of a certificate of eligibility or special certificate.
(3) The bureau shall issue a certificate of eligibility or special certificate without requiring the payment of the issuance fee if the petitioner:qualifies for a certificate of eligibility under Section 77-40a-302 unless the charges were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion; orindicates on the application for a certificate of eligibility that the petitioner reasonably believes, as of the date of the application, that the fee to file a petition for expungement is likely to be waived by a court because the petitioner is indigent.
(4) The bureau shall include on a certificate of eligibility all information that is needed for the court to issue a valid expungement order.
(5) The bureau shall provide clear written instructions to the petitioner that explain:the process for a petition for expungement; andwhat is required of the petitioner to complete the process for a petition for expungement.
(6) If a petitioner indicates on the application for a certificate of eligibility that a court is likely to waive the fee for a petition for expungement as described in Subsection (3)(b), the bureau shall:inform the petitioner that the petitioner will be required to pay an issuance fee before an agency will expunge the offense if a court does not waive the fee for a petition for expungement; andprovide the petitioner with the form for waiving a court fee for a petition for expungement.
(7) If the bureau issues a certificate of eligibility or a special certificate without requiring payment of the issuance fee as described in Subsection (3)(b), the bureau shall charge the petitioner the issuance fee upon the bureau’s receipt of an order deciding a petition for expungement unless the court communicates to the bureau that the fee to file the petition for expungement was waived because the petitioner is indigent.
(8) If the petitioner qualifies for a waiver of the issuance fee under Subsection (7) and the expungement order grants the petition for expungement, the bureau shall process the expungement order in accordance with Section 77-40a-401 as if the petitioner paid the issuance fee.If the petitioner does not qualify for a waiver of the issuance fee under Subsection (7) and the expungement order grants the petition for expungement, the bureau may not process the expungement order as described in Section 77-40a-401, or notify other agencies affected by the expungement order as described in Section 77-40a-307, until the petitioner pays the issuance fee.If the bureau issues a certificate of eligibility or special certificate without requiring payment of the issuance fee under Subsection (3)(b), the bureau may not charge the petitioner an issuance fee on the grounds that the validity of the certificate described in (2)(b)(i) has expired.
(9) The bureau shall charge application and issuance fees for a certificate of eligibility or special certificate in accordance with the process in Section 63J-1-504.
(10) The department shall deposit funds generated by application and issuance fees under this section into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility for expungement.
Amended by Chapter 180, 2024 General Session
77-40a-305 - Petition for expungement — Prosecutorial responsibility — Hearing.
(1) The petitioner shall file a petition for expungement in accordance with Rule 42 of the Utah Rules of Criminal Procedure.A petitioner shall include the identification number for the certificate of eligibility or special certificate described in Subsection 77-Ch77_40a|77-40a-304](b)(ii) in the petition for expungement, unless the petitioner is not required to obtain a certificate of eligibility under Subsection (3) or (4).Information on a certificate of eligibility is incorporated into a petition by reference to the identification number for the certificate of eligibility.A petitioner shall bring a petition for expungement, including a petition for expungement for which the petitioner obtained a special certificate:in the court where the criminal case was filed;if the court in which the criminal case was filed no longer exists, in the court that would have jurisdiction over the criminal case if the criminal case were filed on the day on which the petition is brought; orif charges were never filed, in the district court in the county in which the arrest occurred or the citation is issued.
(2) If a petition for expungement is filed under Subsection (1)(a), the court shall obtain a certificate of eligibility or special certificate from the bureau.A court may not accept a petition for expungement if the certificate of eligibility or special certificate is no longer valid as described in Subsection 77-Ch77_40a|77-40a-304](b)(i).
(3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement of a traffic offense case without obtaining a certificate of eligibility if:for a traffic offense case with a class C misdemeanor or infraction, at least three years have passed after the day on which the case was adjudicated or dismissed; orfor a traffic offense case with a class B misdemeanor, at least four years have passed after the day on which the case was adjudicated or dismissed;there is no traffic offense case pending against the petitioner;there is no plea in abeyance for a traffic offense case pending against the petitioner; andthe petitioner is not currently on probation for a traffic offense case.
(4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of a record for a conviction related to cannabis possession without a certificate of eligibility if the petition demonstrates that:the petitioner had, at the time of the relevant arrest or citation leading to the conviction, a qualifying condition, as that term is defined in Section 26B-4-201; andthe possession of cannabis in question was in a form and an amount to medicinally treat the qualifying condition described in Subsection (4)(a).
(5) The court shall provide notice of a filing of a petition and certificate of eligibility or special certificate to the prosecutorial office that handled the court proceedings within three days after the day on which the petitioner’s filing fee is paid or waived.If there were no court proceedings, the court shall provide notice of a filing of a petition and certificate of eligibility or special certificate to the county attorney’s office in the jurisdiction where the arrest occurred.If the prosecuting agency with jurisdiction over the arrest, investigation, detention, or conviction, was a city attorney’s office, the county attorney’s office in the jurisdiction where the arrest occurred shall immediately notify the city attorney’s office that the county attorney’s office has received a notice of a filing of a petition for expungement.
(6) Upon receipt of a notice of a filing of a petition for expungement of a conviction or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall make a reasonable effort to provide notice to any victim of the conviction or charge.The notice under Subsection (6)(a) shall:include a copy of the petition, certificate of eligibility or special certificate, statutes, and rules applicable to the petition;state that the victim has a right to object to the expungement; andprovide instructions for registering an objection with the court.
(7) The prosecuting attorney may respond to the petition by filing a recommendation or objection with the court within 35 days after the day on which the notice of the filing of the petition is sent by the court to the prosecuting attorney.If there is a victim of the offense for which expungement is sought, the victim may respond to the petition by filing a recommendation or objection with the court within 60 days after the day on which the petition for expungement was filed with the court.
(8) The court may request a written response to the petition from the Division of Adult Probation and Parole created in Section 64-14-202.If requested, the response prepared by the Division of Adult Probation and Parole shall include:the reasons probation was terminated; andcertification that the petitioner has completed all requirements of sentencing and probation or parole.The Division of Adult Probation and Parole shall provide a copy of the response to the petitioner and the prosecuting attorney.
(9) The petitioner may respond in writing to any objections filed by the prosecuting attorney or the victim and the response prepared by the Division of Adult Probation and Parole within 14 days after the day on which the objection or response is received.
(10) If the court receives an objection concerning the petition from any party, the court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the date set for the hearing.The prosecuting attorney shall notify the victim of the date set for the hearing.The petitioner, the prosecuting attorney, the victim, and any other person who has relevant information about the petitioner may testify at the hearing.The court shall review the petition, the certificate of eligibility or special certificate, and any written responses submitted regarding the petition.
(11) If no objection is received within 60 days from the day on which the petition for expungement is filed with the court, the expungement may be granted without a hearing.
(12) If the petitioner seeks a waiver of the fee required for a petition for expungement in accordance with Section 78A-2-302, the court shall consider the total number of cases for which the petitioner has received a certificate of eligibility and is seeking expungement in determining whether the petitioner is indigent under Subsection 78A-2-302(3)(e) even if the court does not have jurisdiction over a case for which the petitioner is seeking expungement.If a court grants a waiver of the fee required for a petition for expungement in accordance with Section 78A-2-302, and only upon a request from the petitioner, a subsequent court shall grant a waiver of a fee for a petition for expungement if the prior court waived the fee for a petition for expungement within 180 days before the day on which the petitioner filed the petition for expungement with the subsequent court.
Amended by Chapter 214, 2025 General Session
77-40a-306 - Order of expungement.
(1) If a petition for expungement is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that:except as provided in Subsection (1)(b) and Subsection 77-40a-305(3) or (4):the certificate of eligibility is valid at the time the petition for expungement was filed with the court and contains the information needed for the court to issue an order for expungement; andthe statutory requirements for expungement have been met;if the petitioner obtained a special certificate from the bureau:the special certificate is valid at the time the petition for expungement was filed with the court; andthere is sufficient information in the petition for the court to determine that the statutory requirements for expungement have been met;if the petitioner seeks expungement after a case is dismissed without prejudice or without condition, the prosecuting attorney provided written consent and has not filed and does not intend to refile related charges;if the petitioner seeks expungement without a certificate of eligibility for expungement under Subsection 77-Ch77_40a|77-40a-305] for a record of conviction related to cannabis possession:the petitioner had, at the time of the relevant arrest or citation leading to the conviction, a qualifying condition, as that term is defined in Section 26B-4-201; andthe possession of cannabis in question was in a form and an amount to medicinally treat the qualifying condition described in Subsection (1)(d)(i);if an objection is received, the petition for expungement is for a charge dismissed in accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used for enhancement, there is good cause for the court to grant the expungement; andthe interests of the public would not be harmed by granting the expungement.
(2) If the court denies a petition described in Subsection (1)(c) because the prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of eligibility if charges are not refiled within 180 days after the day on which the court denies the petition.A prosecuting attorney who opposes an expungement of a case dismissed without prejudice, or without condition, shall have a good faith basis for the intention to refile the case.A court shall consider the number of times that good faith basis of intention to refile by the prosecuting attorney is presented to the court in making the court’s determination to grant the petition for expungement described in Subsection (1)(c).
(3) If the court grants a petition described in Subsection (1)(e), the court shall make the court’s findings in a written order.
(4) A court may not expunge a conviction of an offense for which a certificate of eligibility may not be, or should not have been, issued under Section 77-40a-302 or 77-40a-303.
(5) If the court issues an order of expungement under this section, the court shall:expunge all records of the case as described in Section 77-40a-401;notify the bureau of the order of expungement in a manner specified by the department; andprovide the bureau with the order of expungement and all relevant information available to the court that the bureau will need to identify an expunged record.
(6) The petitioner may request certified copies of an order of expungement within 28 days after the day on which the court issues an order of expungement.If a petitioner makes a request under Subsection (6)(a), the court shall provide the petitioner with certified copies of the order of expungement.
Amended by Chapter 239, 2025 General Session
77-40a-307 - Distribution of expungement order based on a petition to all agencies.
(1) Upon receiving notice from the court of an expungement order as described in Subsection 77-Ch77_40a|77-40a-306], the bureau shall notify all agencies affected by the expungement order.For purposes of Subsection (1)(a), the bureau may not notify the Board of Pardons and Parole of an expungement order if the individual has never been:sentenced to prison in this state; orunder the jurisdiction of the Board of Pardons and Parole.The bureau shall forward a copy of the expungement order to the Federal Bureau of Investigation.
(2) A petitioner may deliver copies of the expungement to all agencies affected by the order of expungement.
(3) If an agency receives an expungement order under this part, the agency shall expunge all records for the case in accordance with Section 77-40a-401.
Enacted by Chapter 180, 2024 General Session
Expungement of Criminal Records
77-40a-401 - Processing of expungement order — Written confirmation of expungement — Effect of an expungement.
(1) In processing an expungement order, a court and the bureau shall give priority to:first, an expungement order granting a petition for expungement under Part 3, Petition for Expungement;second, an expungement order upon a pardon by the Board of Pardons and Parole as described in Section 77-27-5.1;third, an expungement order upon a plea in abeyance as described in Section 77-2a-3;fourth, an expungement order where an individual submitted a form requesting automatic expungement under Part 2, Automatic Expungement and Deletion; andfifth, an expungement order where the court identified the case as being eligible for automatic expungement under Part 2, Automatic Expungement and Deletion.
(2) An individual, who receives an expungement order under Section 77-27-5.1, shall pay a processing fee to the bureau, established in accordance with the process in Section 63J-1-504, before the bureau’s record may be expunged.
(3) An agency shall:develop and implement a process to identify an expunged record; andkeep, index, and maintain all expunged records of arrests and convictions.Subsection (3)(a) does not prevent an agency from maintaining or destroying a record in accordance with a retention schedule when the record is an expunged record.An agency is not required to redact an expunged record, or a record referencing an expunged record, that pertains to more than one individual until the agency is required to release the record.
(4) If an individual who receives an expungement requests confirmation from an agency, the agency shall provide the individual with written confirmation that:the agency has identified all records subject to expungement; andexcept as otherwise provided by Sections 77-40a-402 and 77-40a-403, the agency will restrict or deny access to all of the expunged records.The bureau may charge a fee for providing a written confirmation under Subsection (4)(a) in accordance with the process in Section 63J-1-504.
(5) Upon entry of an expungement order, an individual, who received the expungement, may respond to any inquiry as though the arrest, investigation, detention, prosecution, or conviction did not occur unless otherwise provided by law or ordered by a court to respond differently.
(6) An expungement order may not restrict an agency’s use or dissemination of records in the agency’s ordinary course of business until the agency has received a copy of the order.Any action taken by an agency after issuance of the order but prior to the agency’s receipt of a copy of the order may not be invalidated by the order.
(7) An expungement order may not:terminate or invalidate any pending administrative proceedings or actions of which the individual had notice according to the records of the administrative body prior to issuance of the expungement order;affect the enforcement of any order or findings issued by an administrative body pursuant to the administrative body’s lawful authority prior to issuance of the expungement order;remove any evidence relating to the individual including records of arrest, which the administrative body has used or may use in these proceedings; orprevent an agency from maintaining, sharing, or distributing any record required by law.
Amended by Chapter 180, 2024 General Session
77-40a-402 - Distribution for order for vacatur.
(1) An individual who receives an order for vacatur under Subsection 78B-9-108(2) shall be responsible for delivering a copy of the order for vacatur to all affected agencies.
(2) To complete delivery of the order for vacatur to the bureau, the individual shall complete and attach to the order for vacatur an application for a certificate of eligibility for expungement, including identifying information and fingerprints, in accordance with Section 77-40a-301.
(3) Except as otherwise provided in this section, the bureau shall treat the order for vacatur and attached certificate of eligibility for expungement the same as a valid order for expungement under Section 77-40a-401.
(4) Unless otherwise provided by law or ordered by a court to respond differently, an individual who has received a vacatur of conviction under Subsection 78B-9-108(2) may respond to any inquiry as though the conviction did not occur.
(5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of Investigation.
(6) An agency receiving an order for vacatur shall expunge the individual’s identifying information contained in records in the agency’s possession relating to the incident for which vacatur is ordered.
(7) An agency or official may not divulge information contained in a record of arrest, investigation, detention, or conviction after receiving an order for vacatur to any person or agency, except for:the individual for whom vacatur was ordered; orPeace Officer Standards and Training, in accordance with Section 53-6-203 and Subsection 77-Ch77_40a|77-40a-403](b).
(8) The bureau may not count vacated convictions against any future expungement eligibility.
Amended by Chapter 180, 2024 General Session
77-40a-403 - Release and use of expunged records — Agencies.
(1) An agency with an expunged record, or any employee of an agency with an expunged record, may not knowingly or intentionally divulge any information contained in the expunged record to any person, or another agency, without a court order unless:specifically authorized by Subsection (4) or Section 77-40a-404; orsubject to Subsection (1)(b), the information in an expunged record is being shared with another agency through a records management system that both agencies use for the purpose of record management.An agency with a records management system may not disclose any information in an expunged record to another agency or person, or allow another agency or person access to an expunged record, if that agency or person does not use the records management system for the purpose of record management.
(2) The following entities or agencies may receive information contained in expunged records upon specific request:the Board of Pardons and Parole;Peace Officer Standards and Training;federal authorities if required by federal law;the State Board of Education;the Commission on Criminal and Juvenile Justice, for purposes of investigating applicants for judicial office; anda research institution or an agency engaged in research regarding the criminal justice system if:the research institution or agency provides a legitimate research purpose for gathering information from the expunged records;the research institution or agency enters into a data sharing agreement with the court or agency with custody of the expunged records that protects the confidentiality of any identifying information in the expunged records;any research using expunged records does not include any individual’s name or identifying information in any product of that research; andany product resulting from research using expunged records includes a disclosure that expunged records were used for research purposes.
(3) Except as otherwise provided by this section or by court order, a person, an agency, or an entity authorized by this section to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the specific request, including distribution on a public website.
(4) A prosecuting attorney may communicate with another prosecuting attorney, or another prosecutorial agency, regarding information in an expunged record that includes a conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance agreement, for:stalking as described in Section 76-5-106.5;a domestic violence offense as defined in Section 77-36-1;an offense that would result in the individual being a child abuse offender, a sex offender, or a kidnap offender under Section 53-29-202; ora weapons offense under Title 76, Chapter 11, Weapons.
(5) Except as provided in Subsection (7), a prosecuting attorney may not use an expunged record for the purpose of a sentencing enhancement or as a basis for charging an individual with an offense that requires a prior conviction.
(6) The bureau may also use the information in the bureau’s index as provided in Section 53-5a-303.
(7) If an individual is charged with a felony, or an offense eligible for enhancement based on a prior conviction, after obtaining an order of expungement, the prosecuting attorney may petition the court in which the individual is charged to open the expunged records upon a showing of good cause.
(8) For judicial sentencing, a court may order any records expunged under this chapter or Section 77-27-5.1 to be opened and admitted into evidence.The records are confidential and are available for inspection only by the court, parties, counsel for the parties, and any other person who is authorized by the court to inspect them.At the end of the action or proceeding, the court shall order the records expunged again.Any person authorized by this Subsection (8) to view expunged records may not reveal or release any information obtained from the expunged records to anyone outside the court.
(9) Records released under this chapter are classified as protected under Section 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
Amended by Chapter 173, 2025 General Session
77-40a-404 - Confirmation of expungement — Access to expunged records by individuals.
(1) An individual who receives an expungement may request a written confirmation from an agency under Subsection 77-Ch77_40a|77-40a-401] to confirm that the agency has expunged all records of the offense for which the individual received the expungement.
(2) The following individuals may view or obtain an expunged record under this chapter or Section 77-27-5.1:the petitioner or an individual who receives an automatic expungement under Part 2, Automatic Expungement and Deletion;a law enforcement officer, who was involved in the case, for use solely in the officer’s defense of a civil action arising out of the officer’s involvement with the petitioner in that particular case; anda party to a civil action arising out of the expunged incident if the information is kept confidential and utilized only in the action.
Amended by Chapter 180, 2024 General Session
77-40a-405 - Penalty for disclosure of expunged, vacated, or pardoned records.
An employee or agent of an agency that is prohibited from disseminating information from expunged, vacated, or pardoned records under Section 77-27-5.1 or 77-40a-403 who knowingly or intentionally discloses identifying information from the expunged, vacated, or pardoned record that has been pardoned, vacated, or expunged, unless allowed by law, is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 250, 2022 General Session