Expungement is the most thorough record clearing option available in Utah. Once a record is expunged, it no longer appears on background checks, it is removed from your criminal history report, and in most situations, you can legally say the offense never happened. Expungement is a powerful tool for restoring opportunities, whether you’re looking for a job, housing, or a fresh start.
How Does Utah Expungement Work?
When a Utah court approves an expungement, agencies that hold your records—such as law enforcement and court systems—must remove or restrict access to them. This means:
- Employers will not see expunged charges on background checks.
- Landlords cannot use your records to deny housing.
- Licensing boards will not factor them into their decisions.
Expungement fully hides your criminal history from public view, giving you a second chance.
Find Out If You Qualify for Expungement
Utah law allows for expungement of many types of offenses, but eligibility depends on the type of charge and how much time has passed. While the information on this page is helpful, it can still be confusing to figure out whether you qualify for expungement. Rasa Legal’s eligibility tool makes it easy to check. If you're eligible, you can decide if you would like to move forward with expungement. If you decide to get your record expunged, we can handle every step of the process.
How Can Rasa Help You Expunge Your Record?
Clearing your criminal record through expungement can open new doors, but the process is complex—you must follow specific legal steps to qualify. Below we lay out the key steps of the Utah expungement process:
Step 1: Check Your Eligibility
Before you can apply for expungement, you must first determine whether your record qualifies. Eligibility depends on factors like:
- The type of offense – Some serious crimes cannot be expunged. This includes violent felonies, registerable sex offenses, and serious felonies that pose a risk to public safety.
- Some types of offenses are eligible for ‘Automatic Expungement.’ While Automatic Expungement is not automatically applied yet, the process for expunging those crimes is less difficult. Rasa can help you find out if you’re eligible for automatic or petition based expungement today.
- The waiting period – You must remain crime free for a certain number of years after completing your sentence. This ranges from 3 to 10 years depending on the severity of the offense.
- The number of offenses on your record – Utah has numerical limits on having multiple convictions. How many offenses you can have on your record depends on the severity of the charges and whether the offenses were drug related or not. These rules can be complicated to understand and make it feel difficult and overwhelming for a person to understand their options.
Use Rasa’s eligibility tool to check if you qualify before moving forward and take all the guess work out of analyzing your record.
Step 2: Apply for a Certificate of Eligibility
If you are eligible, Rasa can help you request Certificates of Eligibility from the Utah Bureau of Criminal Identification (BCI) for each case you are looking to expunge. The application costs $65 per person and is required for anyone looking to expunge their record. These documents confirm that your record meets the legal requirements for expungement. It’s important to know that:
- The application process is often the longest part of the expungement process and can take several weeks to several months.
- BCI will cross-check your record, to make sure your record and the charges on that record are eligible for expungement under Utah law
- Applications are reviewed on a first come first serve basis, and there is nothing that can be done to speed things up. For a live update of which date of applications are currently being reviewed by BCI click here.
Step 3: File an Expungement Petition
Once you receive your Certificate(s) of Eligibility, Rasa will help you to submit an Expungement Petition for each case to the court where your case was handled. This petition includes a personal statement which our team will draft for you, as well as all other legal documents needed to expunge the record.
A judge will review your petition and determine whether to approve the expungement. In order to grant an expungement, the judge needs to ensure that your record is eligible and find that it is in the interest of public safety to clear it. The prosecutor in the case will be notified that you are trying to expunge the record and has the opportunity to give their opinion on whether they agree or object to clearing the record. They also have obligations to try toreach out to notify any victims in the case.
Step 4: Attend a Hearing (If Required)
While hearings are not very common, in some cases, the court may require a hearing before approving an expungement request. This usually happens if:
- A prosecutor objects to the expungement.
- A victim in the case objects to the expungement
- The court needs more information about your case
At the hearing, Rasa will serve as your lawyer and make the best case that your record meets the requirements for expungement and that clearing it is in the public interest.
Step 5: Receive the Expungement Order
If the court grants your petition, it will issue an Expungement Order, which legally requires agencies including BCI, the FBI, law enforcement, and the courts to remove or restrict access to your record. Because under the Fair Credit Reporting Act, background check companies have to remove most sealed or expunged records from their databases, your criminal history will no longer appear on most background checks. You also have the legal right not to check the box anymore and can respond to questions about your record as if the offense never occurred.
Let Rasa Legal Handle Your Utah Expungement
The expungement process can be complicated and hard to handle on your own. It involves legal paperwork, court deadlines, and strict eligibility rules. Rasa Legal makes it simple by:
- Providing an eligibility tool to quickly figure out if you qualify.
- Handling all paperwork and court filings to make it a smooth process.
- Helping you avoid costly mistakes that could delay or stop your expungement.
Check your eligibility today and let Rasa Legal take care of the rest.
Who Is Eligible for Expungement in Utah?
Not everyone qualifies for expungement in Utah. The state has strict rules about who can clear their record, based on:
- The type of offense
- The number of convictions
- The amount of time since your case closed
If you meet the requirements, you can remove your past offenses from public records, allowing you to state that the conviction never happened. Certain offenses cannot be expunged under Utah law, including:
- Violent crimes
- Sex offenses that require registration
- Serious felonies that pose a risk to public safety
Expungement Eligibility for Single Convictions
Utah determines your eligibility based on the type of crime and the amount of time that has passed since your completion of your sentence, including probation or parole.
Minimum Waiting Periods for Expungement
- DUI, reckless driving, and related misdemeanor offenses – 10 years
- Felonies (some exceptions apply) – 7 years
- Felony drug possession - 5 years
- Class A misdemeanors – 5 years
- Class B misdemeanors – 4 years
- Class C misdemeanors and infractions – 3 years
Expungement Eligibility for Multiple Convictions
Utah also looks at your total number of convictions when deciding if you qualify for expungement.
Non-Drug Offenses
You cannot get an expungement if you have:
- Two or more non-drug related felony convictions
- Two or more non-drug related Class A misdemeanors
- Three or more non-drug related Class B misdemeanors
- Five or more convictions of any type
Drug-Related Offenses
You cannot get an expungement if you have:
- Three or more felony drug convictions
- Five or more drug possession convictions
Time Limits and Exceptions
After 10 years, Utah loosens some of these restrictions for certain offenses. If it has been more than 10 years since your involvement in the justice system, you can still qualify for expungement, even if you have more convictions than allowed. After 10 years, you can have an unlimited number of:
- Class B or C misdemeanors,
- Infractions
- Drug possession offenses
Utah’s Waiting Period Rules
Even if you meet all other requirements, Utah has waiting periods–time a person must remain crime free–before allowing record clearance. In cases that involve multiple charges, it can be difficult to determine what waiting period applies to the case. For example, some drug-related offenses will be treated as non-drug offenses for purposes of eligibility if they were committed with other crimes. For example, if you committed a Class B drug-related offense with a:
- Felony; or
- Class A Misdemeanor
- Or while driving under the influence of drugs or alcohol,
The offense will not be seen as a drug charge and a different waiting period will apply.
Because of these strict rules, it’s important to check your eligibility before starting the expungement process to avoid unnecessary delays or wasted fees.
Benefits of Clearing Your Record
A criminal record can create unnecessary barriers in life, even if your charge was years ago. Expungement allows you to erase past mistakes and move forward with confidence.
How Expungement Can Improve Your Life
Expungement can open doors to:
- Better Job Opportunities – Many employers run background checks, and a criminal record can limit career options. With an expunged record, you no longer have to disclose past offenses on job applications.
- Easier Housing Approvals – Landlords often deny applications based on criminal history. Expungement removes this obstacle so you can qualify for better rental and homeownership opportunities.
- Higher Education & Licensing – Some colleges and licensing boards consider criminal records when making admissions or certification decisions. Expungement clears your record so you can pursue your career goals.
- Peace of Mind & Fresh Start – The past should not define your future. Expungement allows you to move forward without fear that a background check will hold you back.
If you qualify for expungement, you can take action today to clear your record.
Start the Expungement Process Today
Expungement is a powerful tool, but the process can be complicated. That’s where Rasa Legal comes in. Rasa can help you determine if you are eligible, and handle the expungement process for you if you are eligible. First, check your eligibility using our eligibility tool. Then, if you’re eligible, let us handle the expungement process for you. Finally, enjoy life with an expunged record!
