Expungement in Utah County

A surprising number of people carry an old Utah County case for years longer than they need to, simply because they assume nothing can be done or don't know the process exists. Utah actually has one of the more accessible expungement systems in the country, with two separate paths depending on the case — but neither path happens without someone actively pursuing it, and the rules for what qualifies are more specific than most people expect.

Two paths under Utah law

Utah's expungement framework lives in Title 77, Chapter 40a of the Utah Code, recodified in 2022. The first path, Clean Slate, is automatic — the courts identify and clear qualifying cases without the individual filing anything. It covers acquittals, cases dismissed with prejudice, and a defined set of lower-level convictions: most class B and C misdemeanors, infractions, and class A misdemeanor drug possession, once a required conviction-free waiting period — generally five to seven years depending on the offense level — has passed. The second path is petition-based, for everything Clean Slate doesn't automatically cover, including most felonies and certain excluded misdemeanors.

What's excluded from automatic clearance

Not everything that looks minor on paper qualifies for Clean Slate. Utah specifically excludes DUI, domestic violence offenses, simple assault, registrable sex offenses, and most weapons-related offenses from automatic expungement, regardless of how the case was classified. Some of these can still potentially be expunged, but only through the petition process, and only if they meet separate eligibility rules — which is exactly the kind of nuance worth confirming with an attorney rather than assuming either way.

How the petition process works

For cases that require a petition, the process starts with an application to the Bureau of Criminal Identification for a Certificate of Eligibility, which confirms the case qualifies and generally requires that court-ordered fines and restitution have been paid in full. Once BCI issues the certificate, the petition is filed with the court that handled the original case. The prosecuting agency then has a window to respond or object; if there's no objection, many petitions can be granted without a hearing at all. It's a defined process with real steps, but it isn't something that happens by simply waiting long enough.

What expungement actually does

Once granted, an expungement removes the case from your public criminal history — it won't show up on most background checks, and in most situations you're legally entitled to answer questions about it as though it never happened. That matters for job applications, housing, licensing, and simple peace of mind. It doesn't erase every possible record everywhere, and there are specific circumstances where an expunged record can still be accessed, so it's worth understanding exactly what expungement will and won't do for your particular situation before starting the process.

How to get in touch

If you have a past case in Utah County you'd like to clear, call (435) 294-6806 or email Assistant@LittlefieldLegal.com to schedule a free 30-minute consultation.