Clearing a Criminal Record
Utah Code 77-40a-303 — three years for a class C misdemeanor, up to seven for a felony
A person may get a certificate of eligibility to expunge a conviction once all fines, interest and restitution are paid and the waiting period has passed since the conviction or release from incarceration, parole or probation, whichever was last.
Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.
| Conviction | Waiting period |
|---|---|
| ConvictionA class C misdemeanor or infraction | Waiting periodThree years |
| ConvictionA class B misdemeanor | Waiting periodFour years |
| ConvictionA class A misdemeanor, or a felony drug possession offense | Waiting periodFive years |
| ConvictionA felony | Waiting periodSeven years |
| ConvictionA misdemeanor DUI type conviction | Waiting period10 years |
- A capital felony, a first degree felony and a violent felony are not eligible.
- A pending case, other than a traffic offense, or being on probation or parole for more than an infraction, traffic or minor regulatory offense, stands in the way.
- Too many convictions in separate episodes, as the section counts them, also block eligibility.
Without any petition, a court orders a clean slate case expunged after at least five years for a class C misdemeanor or infraction, six years for a class B misdemeanor, or seven for a class A drug possession conviction, where the section's other conditions are met.
Sources for this section (2)
- Utah Code 77-40a-303 — Requirements for a certificate of eligibility to expunge records of a conviction
- Utah Code 77-40a-205 — Automatic expungement of state records for a clean slate case
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.