Utah Record Expungement

Record Expungement

Few people enjoy having a criminal record, especially when good opportunities for work or housing can already be hard to find. Luckily, Utah offers record expungement, which can wipe the slate clean and let you get on with your life. Unfortunately, expunging your records still requires a lengthy process. That’s why we’re here.

With 100+ years here in Salt Lake, our attorneys know how to provide the service you want while also achieving the results you deserve. Our highly qualified lawyers aggressively preserve your quality of life by tackling the legal components so you can focus on more important things.

We can help you with your Utah record expungement. Call (801) 459-8909 today for a free case review.

What is Record Expungement?

Record expungement is the process of having your criminal record sealed from public view. It doesn’t erase your arrest or conviction, but it does mean that no one except certain government officials can see your record. As far as the public is concerned, the arrest, detention, criminal investigation, or conviction never happened.

Benefits of a Records Expungement:

An Expunged record will still exist but it will be sealed
You can say you have not been convicted of a misdemeanor or a felony on job or housing applications
Expungement does not restore civil rights, as those are usually restored through pardons.

A sealed record still exists, it is not deleted but it’s no longer publicly accessible in the same way as a normal criminal record.

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We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.

But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.

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Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
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Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
Dismissed State v. F - Protective Order Violation Charges Dismissed
Dismissed State v. F - Violation of Protective Order Dismissed

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Record Expungement Eligibility

Want to have your records expunged, but don’t know if you qualify? Utah law allows certain arrests and convictions to be expunged if specific statutory requirements are met. Eligibility depends on the outcome of your case, the type of offense, your criminal history, and how much time has passed since the case was resolved.

If you were not convicted, a record of arrest may be eligible for expungement if:

No charges were filed
You were acquitted (and are generally eligible to apply immediately)
Your case was dismissed (Must wait 60 days after dismissal)
At least 30 days have passed since the arrest
You are not currently facing any other criminal charges

If you were convicted, you may become eligible for expungement after completing all terms of your sentence — including probation, parole, payment of fines, and restitution — and after the applicable waiting period has passed. Under Utah Code §77-40a-303, the waiting periods generally include:

Certain misdemeanor DUI convictions under Utah Code § 41-6a-501(2): 10 years
Certain older felony controlled substance vehicle offenses involving serious bodily injury or death: 10 years
Most eligible felonies: 7 years
Felony drug possession offenses: 5 years
Class A misdemeanors: 5 years
Class B misdemeanors: 4 years
Class C misdemeanors and infractions: 3 years

Not all offenses qualify for expungement. Contact the Wasatch Defense Lawyers to review your record, determine your eligibility, and guide you through the expungement process.

Utah law bars expungement of:

Felony DUI
Automobile homicide
Registerable sex offenses
Capital felonies
First-degree violent felonies

How to Expunge Your Criminal Record in Utah

If you want to expunge your record, you need to get a Certificate of Eligibility from the Utah Bureau of Criminal Identification. They check to make sure you qualify, which can take a long time, and then issue the Certificate of Eligibility if you do. Once you receive the certificate, you need to file a petition at the court where your case was originally heard.

Even though expungement applies to criminal charges, the petition itself is handled as a civil process. The court typically reviews your eligibility, verifies the required certificate, and issues an expungement order if all statutory requirements are met. Working with an experienced attorney can help ensure the process is completed correctly and efficiently. Our team provides personalized guidance and leverages years of experience to help you move forward with confidence.

Frequently Asked Questions

How long does the Utah expungement process take?

The timeline for an expungement can vary depending on your eligibility, the records involved, and how quickly the required agencies and court process your paperwork. Obtaining a Certificate of Eligibility and completing the court process can take time, so it is important to begin the process with accurate information and documentation.

Can I expunge more than one criminal case in Utah?

In some circumstances, you may be able to seek expungement of multiple eligible cases. However, Utah law places limits on expungement based on factors such as the number and types of convictions in your criminal history. An attorney can review your record and help determine which cases may qualify.

Can an expunged record still be seen by employers?

An expunged record is generally sealed from public access, which means employers conducting ordinary public-record searches generally should not see the expunged case. Certain government agencies and other authorized entities may still have access under Utah law.

Does expungement remove my record from background checks?

Expungement can prevent an eligible criminal record from appearing in many public background checks. However, background-check databases may contain outdated information, and certain authorized searches can still access sealed records. Completing the expungement process does not necessarily guarantee that every existing database will immediately update.

Can I apply for a professional license after my record is expunged?

An expungement may improve your ability to pursue employment or professional opportunities, but licensing agencies can have their own disclosure requirements and access to criminal records. Whether an expunged case must be disclosed depends on the specific application and applicable law.

Does expungement restore my right to own a firearm?

Expungement and restoration of civil rights are separate legal issues. Expunging a criminal record does not automatically restore every right that may have been restricted because of a conviction. Firearm rights can involve additional Utah and federal laws, so a separate legal review may be necessary.

What happens if my expungement petition is denied?

If a court denies an expungement petition, the consequences depend on the reason for the denial. In some situations, correcting an issue with the petition or addressing an eligibility problem may be necessary before pursuing expungement again. An attorney can review the court's decision and discuss potential options.

Do I need an attorney to expunge my record in Utah?

Utah law does not require every person to hire an attorney to pursue expungement. However, the process involves eligibility requirements, documentation, court filings, and potentially multiple agencies. An attorney can help identify potential issues, prepare the required paperwork, and guide you through the process.

Can I expunge an arrest if I was never convicted?

In certain circumstances, yes. Utah law provides potential expungement options for qualifying arrests that did not result in a conviction, including certain cases where charges were never filed, the defendant was acquitted, or the case was dismissed. Eligibility and applicable waiting periods depend on the circumstances of the case.

Why should I review my criminal record before applying for expungement?

Reviewing your complete criminal history can help identify which records may qualify and whether there are issues that could affect your eligibility. Because Utah's expungement requirements can depend on the type, outcome, and timing of prior cases, reviewing the record before filing can help avoid unnecessary delays or errors.

Contact Wasatch Defense Attorneys at (801) 459-8909 today for a no-obligation consultation.

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Largest Criminal Defense Team in the History of the State
100+ Years of Combined Criminal Defense Experience
Fewer than 1% of its clients have been sent to prison
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4 Steps to a Positive Outcome

Put Our Experience to Work for You

Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.

1
Laying the Groundwork
We prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
2
Discussing The Details
Every detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
3
Building Your Case
We challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
4
Obtaining Positive Results
We pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.

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