Understanding What Can and Cannot Be Expunged from Your Criminal Record in Utah

You’ve made a mistake (or two) that has left you with a Utah criminal record. Although you’ve been a conscientious and law-abiding citizen ever since, that record is preventing you from applying for certain jobs or professional licenses. Fortunately, it may be possible to have your record expunged. In other words, sealed or erased so that you can put the past behind you.

The Utah Expungement Act governs the process of expunging records of arrests, investigations, and convictions / detentions. The criteria for a successful expungement application depends on whether or not you were convicted.

If You Were Not Convicted

You may qualify to expunge your record for a crime if you were not convicted and the following circumstances apply:

  • It has been at least 30 days since you were arrested
  • No criminal cases are pending
  • One of the following took place:
    • No charges were filed
    • The case was dismissed with prejudice
    • You were acquitted at trial
    • The applicable statute of limitations has expired

If You Were Convicted

If you want to expunge a record of a conviction, you must pay all fines, restitution, fees, and any applicable interest first. Depending on the crime, you will also have to wait a certain period of time since you were convicted, released from custody, or completed your parole or probation, whichever happened last.

  • Class A misdemeanor: 5 years
  • Class B misdemeanor: 4 years
  • Infractions and all other misdemeanors: 3 years
  • Felony: 7 years
  • Felonies involving controlled substances: 10 years

Before you can apply to expunge your record, you are required to get a Certificate of Eligibility from the Utah Bureau of Criminal Identification. Once you have the certificate, the petition must be filed in the court where your case was heard or, if no case was developed against you, in the district court of the county where the police arrested you.

Offenses That Cannot Be Expunged

It is important to remember that unless you were pardoned for the offense, you may not have any record for the following crimes expunged.

  • First degree felony
  • Capital felony
  • Violent felony
  • A registrable sex offense
  • Vehicular homicide
  • Felony DUI

You also cannot expunge records of any conviction if any of the following apply:

  • You provide misleading or false information when applying for the Certificate of Eligibility
  • There is a criminal case pending against you
  • You have been convicted of:
    • Two or more felonies
    • At least three crimes, two of which are Class A misdemeanors
    • Four or more crimes, three of which are Class B misdemeanors
    • Five or more crimes of any type other than infractions and certain traffic offenses listed in Section 77-40-102 of the Utah Code of Criminal Procedure

Clearing your criminal history can be a complicated process. For assistance in determining whether your record qualifies for expungement and help in navigating the requirements, call the Law Office of Arnold, Wadsworth & Coggins today. We will advise you on the best way to clear your record and move on with your life.

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I’m beyond thankful for the exceptional service I received from Brian Arnold. From day one, he showcased a deep understanding of family law and a clear commitment to my case. What truly stood out, however, was his remarkable ability to negotiate with the opposing counsel and secure an incredibly favorable resolution when it seemed like a tough situation. Throughout the process, Brian was thorough, transparent, and always kept me updated. He balanced assertiveness with empathy, ensuring that my needs were met without unnecessary stress or conflict. Thanks to Brian's negotiation expertise, we were able to avoid a prolonged legal battle and achieved a result that was far beyond what I had hoped for. I’m so relieved and pleased with the outcome. If you need a family law attorney who is not only skilled but also genuinely dedicated to achieving the best possible result for you, I can’t recommend Brian Arnold and his team enough. You’ll be in excellent hands.
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I can’t thank Brian Arnold enough for the support and guidance during my divorce. From the beginning, him and his staff worked tirelessly to find a resolution that was fair and in my best interest, without the need to go to court. Their expertise in negotiation and mediation was evident, and they made what could have been a stressful and contentious process much smoother. If you’re looking for a divorce attorney who can handle things efficiently and effectively without the added stress of courtroom battles, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins legal team.
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I couldn’t have asked for a better team during a challenging time in my life. Arnold, Wadsworth & Coggins and its staff provided expert legal advice and compassionate support throughout the entire process. They were clear, responsive, and always had my best interests at heart. Their professionalism and empathy made a difficult situation much easier to navigate. Highly recommend them if you’re looking for top-notch legal representation.
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I can’t thank Brian Arnold and his team enough for their support during my highly contested divorce. From the very beginning, they were professional, understanding, and extremely knowledgeable about every aspect of the case. The process was emotionally draining and complicated, but Brian and the team guided me every step of the way, making sure I understood my options and what to expect. Despite the challenges, they were able to negotiate a favorable settlement that protected my rights and helped me move forward with confidence. I always felt like they had my best interests at heart, and their attention to detail was impressive. If you’re facing a tough divorce, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins team. They made a difficult time much easier to navigate, and I’m truly grateful for their expertise and support.
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I’m very pleased with the service I received from Brian Arnold in handling my traffic citation. Brian quickly assessed my case, provided clear guidance, and worked efficiently to have the citation reduced, saving me both time and money. Brian and his staff kept me informed throughout the process and handled everything with professionalism. If you’re dealing with a traffic citation and want a hassle-free resolution, I highly recommend Brian Arnold.
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I cannot recommend Arnold Wadsworth & Coggins enough. I was facing a serious and complex legal matter, and the team at Arnold Wadsworth & Coggins provided exceptional support every step of the way. Their expertise, professionalism, and clear communication helped me navigate a difficult situation with confidence. They were responsive, thorough, and truly dedicated to achieving the best outcome. Thanks to their hard work and strategic approach, I was able to reach a resolution that far exceeded my expectations. If you're dealing with a serious legal issue, Arnold Wadsworth & Coggins is the firm you want on your side. They combine expert legal knowledge with compassionate client care, making them stand out in their field.
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Brian Arnold helped me with my criminal case. He got me a plea in abeyance and the charge expunged so it's no longer on my record. Brian is an amazing attorney and I definitely recommend working with him.

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