How to Clear Your Criminal Record in Utah in 2026: The New Automatic Expungement Rules
If an old arrest or conviction is still showing up on background checks, it can feel like the past is limiting your future. Utah changed its automatic expungement process on January 1, 2026. For some cases, the court now identifies and clears eligible records without requiring you to file a petition.
But the new rules do not cover every offense. DUI convictions, domestic violence cases, many felonies, and other serious offenses are excluded from the automatic clean-slate process. If your record includes one of these cases, you may need to take the standard petition route.
Understanding which process applies is the first step toward moving forward. We help people in Salt Lake City and throughout Utah review their records, understand their options, and take action.
What Changed In Utah On January 1, 2026?
Before 2026, people generally had to submit a form to ask the court to review a case for automatic expungement. That changed on January 1, 2026. Now, Utah courts identify qualifying cases and process eligible records automatically, without an individual petition or request form. The Utah Courts’ expungement guidance explains the change.
Automatic expungement can cover certain acquittals, dismissals, and qualifying lower-level cases. For clean-slate convictions, the rules generally include:
- Class C misdemeanors and infractions: at least five years
- Class B misdemeanors: at least six years
- Qualifying Class A misdemeanor drug-possession cases: at least seven years
Other eligibility requirements can apply. For example, outstanding fines, fees, or restitution, a pending criminal case, or certain conviction-history limits can affect eligibility. The court reviews your circumstances, not just the name of one case.
Even if your case appears to qualify, the process takes time. Courts process cases monthly, and the prosecutor receives time to review a case. Utah Courts says the process can take up to 120 days.
Does Automatic Expungement Cover Your Case?
Not necessarily. One of the most important points in the 2026 rules is that automatic expungement is limited by offense type and other eligibility requirements.
For clean-slate convictions, the excluded categories include DUI and reckless-driving offenses, domestic-violence offenses, offenses against a person, certain weapons offenses, sexual battery, acts of lewdness, and most felonies and Class A misdemeanors. A qualifying Class A drug-possession conviction is a limited exception.
A DUI conviction does not qualify for automatic clean-slate expungement. That does not always mean there is no path forward. Some misdemeanor DUI convictions may qualify for petition-based expungement after the applicable waiting period. Felony DUI convictions generally cannot be expunged under the standard process. The offense level, case history, and current eligibility rules matter.
The current Utah Code on clean-slate expungement sets out the eligibility rules and exclusions. If you are unsure how your charge is classified, do not assume your record will be cleared automatically. Get the case reviewed.
What Happens During The 35-Day Review?
When a case appears eligible for automatic clean-slate expungement, the Administrative Office of the Courts gives notice to the prosecuting agency. Under Utah Code § 77-40a-205, the agency has 35 days after notice is sent to file a written objection on permitted grounds.
The prosecutor’s review is not a deadline for you to file anything. It is part of the court’s process. An objection can raise concerns such as whether the case qualifies, whether court-ordered victim restitution remains unpaid, or whether there is a fact-supported reason to believe someone involved is continuing to engage in criminal activity. If no valid objection is filed within the period, the court proceeds with the automatic expungement.
Because courts process cases in batches, an eligible record may not clear immediately. Keep checking your case status rather than relying on an assumption that enough time has passed.
How To Check If Your Utah Record Was Cleared
Start with My Court Case, Utah Courts’ online tool. If your case has been expunged, it should show as “Case Expunged.” The court recommends checking there to confirm the status.
You can also review the Utah Bureau of Criminal Identification (BCI) clean-slate information for details about automatic expungement and checking your Utah criminal history. BCI explains that a certificate of eligibility is not required for clean-slate automatic expungement. Its record request process can help you see what has been automatically or petition-expunged; follow BCI’s current instructions for identity verification and any applicable fee.
An expungement order restricts access to covered government records, but it does not necessarily erase every copy of information held by private websites or media outlets. Some government agencies may also retain limited access under state law. If a background check still shows a case after an order, confirm the court and BCI records first, then find out where the information is coming from.
If Your Case Is Excluded, You May Need To Petition
For many cases that are not eligible for automatic expungement, the standard process starts with a Certificate of Eligibility from BCI. You then file a petition with the court that handled the case. The certificate is generally valid for 180 days, so timing and correct filing matter.
The process may include notice to the prosecutor, an objection period, and a court hearing. You may need to show that you meet the legal requirements and that expungement is appropriate. Waiting periods depend on the offense and case history. For example, Utah Courts lists a 10-year waiting period for certain misdemeanor DUI convictions, counted from the latest of the relevant case-completion, incarceration-release, or supervision-completion dates.
Some serious convictions cannot be expunged through the standard petition process. Other records, including certain arrests or dismissed cases, follow their own rules. Reviewing the full case history before filing can help you avoid delays, missed deadlines, and preventable mistakes.
How An Expungement Lawyer In Utah Can Help
When your record affects work, housing, licensing, or your family’s peace of mind, you deserve clear answers, not guesswork. An experienced expungement lawyer in Utah can review the case outcome, offense classification, waiting periods, and possible barriers to relief.
At Utah Freedom Fighters, we help you understand whether your case may qualify for automatic expungement or whether a petition is the right path. We can help you identify records that need attention, work through the required steps, and respond if the process raises questions or objections.
Sean B. Druyon is a former prosecutor with over 25 years of criminal defense experience. Our team has handled more than 4,000 cases across Utah and has a 95% client satisfaction rate. We serve Salt Lake City and communities throughout the state. You will have a team that listens, explains your options, and stays focused on protecting your future.
Frequently Asked Questions
Do I need to file a form for automatic expungement in 2026?
No. Since January 1, 2026, Utah courts identify eligible cases without requiring you to submit the former request form. The court still has to review eligibility and complete its process.
Will my DUI conviction clear automatically?
No. DUI convictions are excluded from the clean-slate automatic conviction process. Some misdemeanor DUI convictions may qualify for petition-based expungement after the required waiting period. Felony DUI convictions generally cannot be expunged through the standard process. Have your specific case reviewed before relying on a particular outcome.
How long does automatic expungement take?
It can take up to 120 days. Courts process automatic reviews monthly and allow time for the prosecuting agency to respond. Check your status through My Court Case.
Does an expungement erase every online record?
No. Expungement restricts access to covered government records, but private websites may continue to display old information. Some government agencies may also have limited access under the law.
Take The Next Step Toward A Clearer Future
The 2026 automatic rules create a simpler path for some Utah cases, but they do not cover everything. If your record includes a DUI, felony, domestic-violence offense, or another excluded charge, the petition process may still offer options depending on your circumstances.
We will help you understand what applies to your record and what steps to take next. Contact Sean B. Druyon at Utah Freedom Fighters for a free consultation about clearing your record. Call (801) 397-2223.