Utah
Restoration of Rights & Record Relief

Last updated: August 1, 2025

I.  Loss & restoration of civil/firearms rights

A.  Vote and office 

Under the Utah Constitution, “any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise, may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute.”  Utah Const. Art. IV, § 6. 

  1. Vote 

Persons convicted of a felony, or a misdemeanor violation of the election code, lose the right to vote in Utah.  See Utah Code § 20A-2-101(2)(b).  The right to vote is restored automatically upon (1) a sentence to probation by the sentencing court; or (2) upon being granted parole by the Board of Pardons; or 3) successful completion of a term of incarceration.  §§ 20A-2-101.3(2); 20A-2-101.5(2). This applies to federal and out-of-state felony convictions. § 20A-2-101.5(1). Therefore, as a practical matter, anyone not in prison may vote in Utah.1 

2. Office  

Under Utah Code § 20A-2-101.5(3), the right to hold elective office lost under the state constitution is restored to a person convicted of a felony when

“(a) all of the felon’s felony convictions have been expunged; or

(b) (i) ten years have passed since the date of the felon’s most recent felony conviction; (ii) the felon has paid all court-ordered restitution and fines; and (iii) for each felony conviction that has not been expunged, the felon has (A) completed probation in relation to the felony; (B) been granted parole in relation to the felony; or (C) successfully completed incarceration associated with the felony.”

Similarly, under § 20A-2-101.3(3), a person convicted of an election law misdemeanor regains eligibility for office when: (a) the misdemeanor under the Election Code has been expunged; or (b)(i) five years have passed since the misdemeanant’s most recent misdemeanor conviction under the Election Code;(ii) the misdemeanant has paid all court-ordered restitution and fines; and (iii) for each misdemeanor conviction that has not been expunged, the misdemeanant has (A) completed probation in relation to the misdemeanor; (B) been granted parole in relation to the misdemeanor; or (C) successfully completed the term of incarceration associated with the misdemeanor.

B.  Jury eligibility

Persons convicted of a felony are ineligible to serve on a jury unless and until the conviction is expunged or reduced to a misdemeanor. Utah Code Ann. § 78B-1-105(2). (Prior to 2025, a person was eligible for jury service only if the felony was expunged, with the reduction to a misdemeanor language added by HB49. This change is particularly relevant because Utah has an accessible process for reducing a felony conviction to a misdemeanor).

C.  Firearms

Restrictions: Utah’s restrictions on firearms possession following conviction have been tightened in recent years and are among the most complex in the Nation, varying in duration depending on the offense of conviction.  A restricted person may not possess any firearm (defined to include both pistols and long guns) or other “dangerous weapons.” Utah Code §§ 76-11-101(3)(a), (4). A “Category I” restricted person is someone 1) convicted of a “violent felony” (as defined by § 76-3-203.5(1)(c), 2) on probation or parole for any felony or certain drug possession offenses, or 3) adjudicated for a “violent felony” within the last 10 years.” Utah Code §§ 76-11-302(1), (2), (4), (6). 

A Category II restricted person is someone who was 1) convicted of a felony crime of domestic violence (as defined by § 77-36-1) or convicted of multiple felonies; 2) completed a sentence for a non-violent felony within the last seven (7) years; or 3) within the last seven (7) years has been adjudicated delinquent for an offense that would be a felony. §§ 76-11-301(8), 76-11-303(1), (2), (3), (4). The dispossession period is extended if a person commits or is charged with another felony or class A misdemeanor within the seven-year lookback period. Id.  

Utah also includes as a Category II restricted person someone convicted of assault or aggravated assault against a spouse, former spouses, parents, guardians, and individuals sharing a child in common or cohabitating. Utah Code Ann. § 76-11-303(13).  In 2023, Utah extended this prohibition to those convicted against an individual in a dating relationship within the last five years when it is a single offense.  Utah Code Ann. §§ 76-11-303(13)(d), 76-11-304(2). Utah requires courts to notify people when they become dispossessed based on a domestic violence conviction. § 76-11-309 .

Restoration: Dispossession may be relieved prior to the statutory dispossession period where a felony conviction or adjudication or misdemeanor assault conviction has been expunged, set aside, reduced to a misdemeanor by court order, pardoned or had civil rights restored in accordance with the law of the jurisdiction where the conviction or adjudication occurred. §§ 76-11-304(1)(a), (1)(b). The pardon, reduction, expungement, set aside, or civil rights restoration is ineffective if it expressly provides that the person may not ship, transport, possess, or receive firearms. § 76-11-304(1)(c).  

A post-conviction reduction of offense grade from felony to misdemeanor authorized by § 76-3-402(1)-(3) may avoid dispossession. Reduction is available even if a defendant did not successfully complete probation, but a waiting period and further findings by the court may be required before the offense grade may be reduced. § 76-3-402 (4). Utah’s Judicial Self-Help Center provides information and guidance about this “402 Motion” or “402 Reduction”, and explains it is a common tool that can help individuals become eligible for an expungement if they have more than the allowable single felony conviction.  

II.  Pardon policy & practice

A.  Authority

Pardon authority is vested in the Board of Pardons and Paroles. Utah Const. art. VII, § 12; Utah Code § 77-27-5(4). (The governor may grant respites or reprieves in all cases of convictions for offenses against the state except treason or conviction on impeachment, but these respites or reprieves may not extend beyond the next session of the board. Utah Code Ann. § 77-27-5(4)). The Board is composed of five full-time salaried members, and up to five pro tem members who fill in and are paid on a per diem basis, all appointed by the governor with the consent of the Utah senate to five-year terms. Utah Code § 77-27-2.2

B.  Eligibility

Only people with state offenses are eligible. Utah Code § 77-27-5(1)(a). The Board only considers those whose sentences have been expired for five years but may dispense with this requirement if good cause exists. Utah Admin. Code R671-315-1(2)(b)(A), (D). The Board website states that “Pardon Applications are considered only after a significant period of time of exemplary citizenship and demonstrable evidence of rehabilitation and generally require that at least five (5) years have passed since the termination or expiration of all criminal offenses, sentences, and supervision on probation or parole. . . . The Board generally requires that all restitution, fines, and fees be paid for any conviction for which a pardon is sought.” 

In addition, by law the Utah board may consider an application only after an individual who is eligible for expungement has been denied that relief. See Utah Admin. Code R671-315-1(2)(a):  “The Board may consider an application for a pardon . . . after the applicant has exhausted all judicial remedies, including expungement, in an effort to ameliorate the effects of the conviction.” The Board’s website states:

Utah law provides for a process known as Expungement, whereby some arrests and convictions can be expunged or purged from your criminal history.  (See Utah Code Ann. §77-40-101).  Before you apply for a pardon, the Board expects that you will seek an Expungement from the Utah Bureau of Criminal Identification and the Courts.  As part of the pardon application, you will be required to detail your attempts to expunge the crimes for which you are seeking a pardon.

In recent years the caseload of the Pardon Board has increased because people with relatively minor offenses were being rejected for expungement by the Board of Criminal Investigation.  See section E below.

C.  Effect

Pardon restores all rights and relieves legal disabilities. See Utah Code § 77-27-1(16) (defining “pardon” as “an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction by an appropriate authority exempting a person from punishment for a crime”). The Board generally specifies whether a pardon restores firearms rights. See § 77-27-5(1)(a).

As of 2013, a pardon also results in expungement. “Upon granting a pardon, the board shall issue an expungement order, directing any criminal justice agency to remove the recipient’s identifying information relating to the expunged convictions from its records.”  § 77-27-5.1(1).  A person pardoned prior to that date is entitled to expungement under the same authority. Utah Code § 77-40a-303(9).  “An expungement order, issued by the board, has at least the same legal effect and authority as an order of expungement issued by a court, pursuant to Title 77.” § 77-27-5.1(2).  In 2017, § 77-27-5.1 was amended to provide that pardoned convictions do not count against expungement eligibility. See SB-12, § 2 (2017).  

D.  Process

Pardons can only be granted after a full hearing before the Board in open session.  Utah Constitution, Art. VII, §12.  See also Utah Code § 77-27-5(1)(a), (c) (e); Utah Admin. Code R671-304 (Hearing Record), R671-305-1 (Board Decisions and Orders). The application form and its instructions are found on the Board’s website.

The application process is onerous, and not every applicant is afforded a hearing.   As explained on the Board’s website, that

the Pardon Application will require you to obtain and submit police reports, court dockets, and pre-sentence investigation reports for all convictions for which a pardon is sought. If you are unable to obtain and submit this information, you will be required to explain and document all of your attempts to procure the requisite information, and the reasons it is unavailable.  Upon request from the Board, the Utah Bureau of Criminal Identification may conduct a background investigation of the applicant. In all cases, applicants must include a current copy of their Utah criminal background report, obtained from BCI, as part of the Pardon Application.

The Board must give notice to the victim of the time and place of the hearing, “if the victim can be located.” Based on a law enacted in early 2019, timely prior notice of the time and location of the hearing shall be given to the petitioner and, whenever possible, the victim or the victim’s representative shall be notified of any hearing if the victim or representative has requested notification and provided current contact information to the board. See HB0301 (Mar. 22, 2019) (amending §77-27-5(2)(a) and (c). The county or city attorney’s office responsible for prosecution of the case; the sentencing court, and the presiding judge where conviction entered; and the chief law enforcement officials responsible for the defendant’s arrest and conviction, must also be notified of any board hearing through the board’s website. Id. (amending § 77-27-5(2)(b). See Utah Code § 77-27-5(1)(c); Utah Admin. Code R671- 315-1. 

Pardon decisions are made by majority. The Board may deny a pardon hearing. Utah Admin. Code R671-315(6)C). The proceedings of the Board shall be recorded and filed as provided by statute, along with all papers used in the hearing. Id. R671-304-1. Utah Const. art VII, § 12 (2)(c). The decision of the Board is reduced to writing, including a rationale for the decision, and published. Utah Admin. Code R671- 315-1.

E.  Frequency of grants

Until recently, the possibility of regaining rights through judicial expungement has made the pardon process less important, with few applicants and fewer grants. Since 2013, the board’s pardon caseload has increased exponentially, largely because people with relatively minor offenses were being rejected for expungement by the Board of Criminal Investigation. (By law, the Utah board may consider an application only after an individual who is eligible for expungement has been denied that relief. For example, in 2014 54 people requested pardons, of which 24 were granted (25 were denied a hearing). See Report to the Utah Legislature: A Performance Audit of the Board of Pardons and Parole (2016). Chapter V of this report recommended that the Board should work with the BCI to review the expungement process and recommend changes that would “reduce pardon workloads.”  A subsequent performance audit in 2022 noted (at p. 63) that the Board was preparing annual reports on trends in pardon hearings, but those reports have not been made public.

F.  Contact

Mike Haddon
Director, Board of Pardons and Paroles
448 Winchester St., #300
Murray, UT 44107
(T): 801-261-6464
(F): 801-261-6481
bopinfo@utah.gov

III.  Expungement, sealing & other record relief

Overview

The Utah legislature has modified amended the state expungement law on several occasions during the last 15 years, beginning with the Utah Expungement Act of 2010 (HB 21), which identified the convictions eligible for expungement, defined waiting periods, and explained the petition-based application process. In 2019, Utah enacted one of the nation’s first “clean slate” laws, providing for automatic expungement of a variety of non-conviction, infraction, and minor misdemeanor criminal records. HB 431. See Noella Sudbury’s account of How Utah Got Automatic Expungement, published by CCRC in 2021.

In 2022 and every year since, the Utah legislature has made additional changes to the clean slate law, notably expanding eligible records, facilitating the procedures governing petition-based expungement, and limiting the use of expunged records to enhance charges or sentences.  One of the unusual features of Utah’s expungement law is that petitioners must seeks a “certificate of eligibility” from the Bureau of Criminal Investigation (BCI) before filing a petition with the court. The BCI certificate process has undergone a number of recent changes in an effort to minimize the delays it has produced. These and other changes are described in the sections below.  The basic provisions of the law are codified in Title 77, Chapter 40a of the Utah Code, and described in sections A through E below.  We have not attempted to capture all of the ins and outs of Utah expungement law in this document, and direct readers interested in additional information about eligibility and procedure to the Utah State Courts website.

The Utah felony expungement process as it existed prior to the 2022 and 2023 amendments is analyzed and evaluated in detail by Noella Sudbury in a July 2021 report commissioned by CCRC, Access Barriers to Felony Expungement in Utah, CCRC, July 16, 2021.  The report analyzes knowledge and resource barriers, eligibility barriers, process barriers, and effectiveness barriers. A number of the barriers identified in Sudbury’s 2021 report were ameliorated by the 2022 and 2023 amendments, but many were not.  Many of the strengths her report identifies remain in the law, such as Utah’s so-called 402 felony reduction process, which allows individuals who have more than the allowable single felony conviction to convert ineligible felony records into misdemeanor records, enabling a person to become eligible to expunge all of their records. The 402 process is described below.   

A.  Convictions

Records of felony and misdemeanor convictions are eligible for expungement depending on the type of conviction, the number of an individual’s convictions, and the time period since conviction. Certain serious violent and sexual offenses are not eligible.  § 77-40a-303(2). Any pending charges or current sentences make a person ineligible. Id.  Some misdemeanor convictions may also be eligible for “clean slate” automatic expungement. See Section H, below.

Eligibility limitations by number of convictions

In order to be eligible for expungement relief, a person may not have been convicted of more than two felonies, more than three Class A misdemeanors, more than four class B misdemeanors, or more than five convictions of any degree. § 77-40a-303(4).  Out-of-state convictions are counted, §§ 77-40a-303(4)-(6), 77-40a-304(1), but infractions, traffic offenses, and “minor regulatory offenses'” (defined at § 77-40a-101(19)) are not. Eligibility is somewhat broader for drug possession convictions. Id. If ten (10) years have elapsed since completion of any sentence, the numerical limit is increased by one.  See § 77-40a-303(7)(a).

Individuals who have more than the allowable two felony convictions can seek, and are often granted, reductions of felonies to misdemeanors under Utah Code § 76-3-402. See discussion of this “402 procedure” in Section E, below.  

Eligibility waiting periods for convictions

Per Utah Code Ann. § 77-40a-303(1), a person is eligible for a certificate of eligibility after a waiting period running from date of conviction or release from probation, incarceration or parole, which occurred last, as follows:

(a) seven years in the case of a felony;

(b) ten years in the case of a misdemeanor or felony DUI offense or felony drug trafficking offense;

(c) five years in the case of a class A misdemeanor, or felony drug possession offense;

(d) four years in the case of a class B misdemeanor; or

(e) three years in the case of any other misdemeanor or infraction.

In addition to these time periods, eligibility for expungement may be defeated by various combinations of prior offenses. In 2020, these eligibility periods and the requirement of a certificate of eligibility were made inapplicable to convictions for possession of marijuana for medicinal purposes. § 77-40a-306(1)(d).

B.  Petition-based expungement process

Certificate of eligibility:  A petitioner must apply for and receive a “certificate of eligibility,” which is issued after investigation by the Utah Bureau of Criminal Identification (BCI), before filing a petition for expungement.  See §§ 77-40a-302 (non-conviction records), 77-40a-303 (conviction records). The process for obtaining a “certificate of eligibility” is explained on the website of the Bureau of Criminal Investigation.  The application form is accessible on the BCI website. In 2020, the requirement of a certificate of eligibility was made inapplicable to convictions for possession of marijuana for medicinal purposes, and in 2022 it was made inapplicable to additional cannabis offenses and traffic offenses. Also in 2020, HB397 specifically prohibited the BCI from considering minor prior or pending cases, or any clean-slate-eligible cases.  See § 77-40a-303(8), and below on clean slate.3

Payment of court debt: Utah requires all those seeking expungement by petition to show payment in full of all fines and restitution ordered by the court, Utah Code Ann. § 77-40a-303(1)(a) and (b), but only for those related to the case for which expungement is sought. In addition, automatic “clean slate” expungement is unavailable if a “criminal judgment accounts receivable” has not been satisfied or has been entered as a civil judgment and turned over to the state debt collection office. § 77-40a-205(3)(e).

Application fees: The statutory application and issuance fees to the BCI for a certificate of eligibility varies based on eligibility and whether a person is granted a waiver of fees by the court. § 77-40a-304. These fees, along with the fee payable to BCI for a certificate of eligibility, were temporarily suspended in 2022 by HB392, and restored in 2024 with a variety of provisions authorizing case-by-case waiver.  See HB352. 

Notice and hearing: Application forms and instructions are available on the Utah State Court website. Detailed provisions for notice and hearing are set forth in § 77-40a-305. The 2022 revision of the law eliminated a provision seeming to require the court to issue an order of expungement if it finds by clear and convincing evidence that the petition and certificate of eligibility are sufficient, statutory requirements are met, and that “it is not contrary to the interests of the public to grant the expungement.” Id. § 77-40a-305(8) (2021).

Effect of expungement: “Unless otherwise provided by law or ordered by a court of competent jurisdiction to respond differently, an individual or agency who has received an expungement of an arrest or conviction . . . may respond to any inquiry as though the arrest or conviction did not occur.” Utah Code § 77-40a-401(5).  See also § 34-52-301. Disclosure may be required (1) where federal, state, or local law “requires the consideration of an applicant’s criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or juvenile delinquency history”; (2) where the public employer is a law enforcement agency, part of the criminal or juvenile justice system, works with children or vulnerable adults, whose primary purpose is performing financial or fiduciary functions, the Department of Alcoholic Beverage services, or the State Tax Commission; (3) public transit district hiring; or (4) where the employer is seeking a non-employee volunteer.  § 34-52-201(6)(a).  An expunged conviction may not be accessed by the Department of Professional Licensing for licensing purposes.  See Doe v. Dep’t of Pub. Safety, 782 P.2d 489 (Utah 1989).

Prior to the 2022 changes, an expunged conviction could be used for various law enforcement-related purposes, such as in subsequent sentencing, or eligibility for expungement of a future conviction, but now “a prosecuting attorney may not use an expunged record for the purpose of a sentencing enhancement or as a basis for charging an individual with an offense that requires a prior conviction,” except with leave of court.  § 77-40a-403(5).

Firearms restrictions are removed by expungement (if eligible) or pardon, or in some cases by reduction of a felony to a misdemeanor through the “402 process.” See Part I, above.

C.  Non-conviction records, including “plea in abeyance”

Clean Slate:  Utah’s 2019 “clean slate” law (described in Section H) provides for an automated expungement process (effective May 1, 2020) for acquittals, dismissals with prejudice, certain dismissals due to a plea in abeyance agreement, and less serious misdemeanor convictions.  The clean slate process is described in Section H below and has largely supplanted the earlier process for expunging less serious misdemeanors and non-conviction records.

Pre-Clean Slate:  Non-conviction records are governed by Utah Code Ann. § 77-40a-302 (sections renumbered in the 2022 recodification by SB35).  A person arrested or charged with an offense is eligible to receive a certificate of eligibility at least 30 days have passed after the arrest or charge; at least three years have passed after the date of conviction for a Class C misdemeanor traffic offense or infraction; and at least four years have passed after the date of conviction for a Class B misdemeanor traffic offense, so long as certain conditions are met.  See § 77-40a-302(1). A person is not eligible if there is a misdemeanor or felony criminal proceeding pending or a pending plea in abeyance, except for a traffic offense; the person is currently incarcerated, on parole or probation; or there is a criminal protective order or a criminal stalking injunction in effect. § 77-40a-302(2).4.

The court is required to issue an order of expungement if the court finds by clear and convincing evidence that the prosecutor provided written consent and has not filed and does not intend to refile related charges. § 77-40a-306(1)(c). The person seeking expungement may reapply for a certificate of eligibility if the court denies the original petition based on the prosecutor’s intent to refile charges and charges are not refiled within 180 days of the date the court denies the original petition. § 77-40a-306(2). The prosecutor opposing expungement of a case dismissed without prejudice or without condition must have a good faith basis for the intention to refile the case. Id.

Plea in abeyance: Utah Code Ann. § 77-2a-1 et seq. provides a process whereby a court may accept a plea and withhold the judgment, put the person on probation pursuant to a plea in abeyance agreement, and ultimately expunge the record. In 2020, HB 83 was enacted, providing that if an expungement is sought for a charge dismissed in accordance with a plea in abeyance agreement, the prosecutor must notify the victim, § 77-38-14; and providing that if an objection is filed, and the charge is one that is an offense eligible to be used for enhancement, the court shall determine if “there is good cause for the court to grant the expungement,” and “the interests of the public would not be harmed by granting the expungement.” § 77-40a-306(1)(e)-(f).

Diversion:  Utah Code Ann. § 77-2-5 provides that at any time after the filing of an information or indictment and prior to conviction, the prosecuting attorney may, by written agreement with the defendant, filed with and approved by the court, divert a defendant to a non-criminal diversion program.  Serious felonies, sexual offenses, domestic violence, and many traffic charges are not eligible for diversion.  § 77-2-9 (HB21 amended this section in 2025 to allow the consideration of diversion for an individual under 16 years old, alleged to have committed a violation of certain sexual offenses, if the offense could have been adjudicated in juvenile court, the youth did not use coercion or force, there was no more than 3 years difference between the youth and victim’s age, and it would be in the best interest of the person to grant diversion).  Upon successful completion of the program the charges are dismissed without a conviction. § 77-2-7.

D.  Pardoned offenses

As of May 14, 2013, “[u]pon granting a pardon, the board shall issue an expungement order, directing any criminal justice agency to remove the recipient’s identifying information relating to the expunged convictions from its records.” Utah Code § 77-27-5.1(1).  A person pardoned prior to that date is entitled to expungement under the same authority. § 77-40a-303(9).  “An expungement order, issued by the board, has at least the same legal effect and authority as an order of expungement issued by a court, pursuant to Title 77.” § 77-27-5.1(2).  In 2017, § 77-27-5.1 was amended to provide that pardoned convictions do not count against expungement availability.  See SB-12, § 2 (2017).

E.  Reduction of felony to misdemeanor (“402 process”)

Individuals convicted of a felony can seek reduction of the offense grade of their conviction from felony to misdemeanor (“a lower degree of offense”), either at sentencing (“if the court concludes that the degree of offense established by statute would be unduly harsh to record as a conviction on the record for the defendant”) or after completion of sentence. See Utah Code Ann. § 76-3-402(1)-(3). If the defendant did not successfully complete probation, then there is a waiting period and further findings by the court required before the offense grade may be reduced. § 76-3-402(4). Utah’s Judicial Self-Help Center provides information and guidance about this so-called 402 process, and explains it is a common tool that can help individuals become eligible for an expungement if they have more than the allowable single felony conviction. In addition, it may avoid firearms restrictions triggered by felony conviction. Some local district attorneys have exercised their discretion to do bulk conviction reductions, changing large volumes of older felony offense records to misdemeanor ones, greatly expanding those eligible for felony expungement relief. See, e.g., Paighten Harkins, Salt Lake County is reducing the penalties in 13,929 drug cases, SL Tribune, September 24, 2019.

F.  Vacatur for victims of force or coercion (human trafficking)

Vacatur and expungement are available on petition where the offense was committed while the petitioner was subject to force, fraud, or coercion.  Eligible convictions include possession of a controlled substance, prostitution, criminal trespass, theft, possession of forged documents, unlawful possession of another’s identification documents, prostitution, or sexual solicitation. Utah Code Ann. §§ 78B-9-104(1)(h), 78B-9-108(2)(b).  Eligibility periods in Utah Code Ann. § 77-40a-303(3)(c) (above) appear to apply.   See also the 2019 law discussed below making juveniles eligible for vacatur of prostitution and related convictions. An Application Form and instructions on the Bureau of Criminal Identification’s website

G.  Juvenile records

In 2020, HR397 enacted the Juvenile Expungement Act, § 78A-6-1501 et seq., renumbering and making non-substantive changes in some provisions of earlier law, and a few major changes.  The following year, as part of recodification of all provisions affecting juveniles, Ch. 261, HB 285, these sections were all renumbered and codified in Title 80, Chapter 6, Part 10.   In 2023, HB60 clarified the release of juvenile records and effect of juvenile expungement, allowed for further juvenile proceeding dispositions to be expunged, and provided for the automatic expungement of certain juvenile records.

Beginning May 1, 2020, upon reaching age 18, a person with a juvenile record is eligible for expungement following a one-year waiting period and either the juvenile court’s continuing jurisdiction has terminated, or the individual was released from custody. The prior law also required completion of all sentence requirements, with a provision for waiver by the court.  Utah Code Ann. § 80-6-1004.1 (formerly § 78A-6-1503). However, expungement is not available to individuals whose juvenile record contains an adjudication for murder or aggravated murder. § 80-6-1004.1(6)(previously, expungement was unavailable to any person convicted of a felony or misdemeanor involving “moral turpitude” subsequent to the termination of the juvenile court’s jurisdiction). After a hearing, the court may seal all of petitioner’s records within the juvenile court’s control if the individual has not, in the five years preceding, been convicted of a violent felony, still owe restitution, or have any proceedings pending.  Id.  At the hearing, the victim, if any, will be given an opportunity to testify, § 80-6-1004.1(4)(c), and the court will consider whether the juvenile has been rehabilitated to the court’s satisfaction, with specific factors included for the court to consider.  § 80-6-1004.1(5).  Expungement seals the record, and it can be opened only by petitioning the court.  § 80-6-1006.1.

The 2020 law enacted a new provision on “nonjudicial adjustment expungement” to allow any juvenile upon reaching age 18 to petition for expungement of all such dispositions if conditions have been completed, without a hearing, so long as no there were no pending proceedings or unsatisfied restitution. § 80-6-1004.2. This provision was amended in 2023 by HB 60, which provided for automatic expungement where the juvenile has complied with every nonjudicial adjustment, except for certain offense types such as DUI, reckless endangerment, negligent homicide, sexual battery or weapons offenses. § 80-6-1004.5.

In 2023, HB 60 also added a provision for a person to petition for expungement of non-conviction records. § 80-6-1004.3. It also provided for juvenile records to be expunged upon petition where the juvenile court did not find the allegations to be true beyond a reasonable doubt. § 80-6-1004.4.

Vacatur for juvenile victims of human trafficking:  In 2019, a new provision § 78A-6-1114 was enacted creating a path to a clean record for a person with juvenile records related to prostitution and related offenses, if subject to “force, fraud, or coercion.”  See HB 108.  In 2021 this provision was renumbered § 80-6-1002 as part of the general recodification (see above). –  Persons seeking vacatur must file a petition to the court.  § 80-6-1002(1)(a).  The court will hold a hearing and allow prosecutors and victims to be heard if they appear.  § 80-6-1002(2).  The “court shall presumptively grant vacatur” for prostitution, aiding prostitution, or sex solicitation records unless the juvenile purchased sexual activity.  § 80-6-1002(4).  The court shall vacate other records if it finds by a preponderance of the evidence that the juvenile was subject to force, fraud, or coercion at the time of the conduct.  § 80-6-1002(3).  To prevent creating records in the future, HB 108 adds a provision to Utah’s sexual solicitation statute that prohibits law enforcement officials from initiating delinquency proceedings against children they encounter who are victims engaged in commercial sex or solicitation.  See § 76-10-1313(7)(2019).

H.  Clean slate automatic process

Effective May 1, 2020, Utah’s 2019 clean slate law authorizes automatic expungement or deletion of most non-conviction, infraction, and misdemeanor conviction records.  HB 431 (2019), as modified by HB352 (2024), extended clean slate authority between 2024 and 2026, and the eligibility criteria was renumbered and codified in Title 77, Chapter 40a, Part 2 (Automatic Expungement and Deletion). As reenacted in 2024, automated relief applies both to cases adjudicated on or after May 1, 2020, and to cases adjudicated before that date.  § 77-40a-204. The system came online in February 2022. Between October 1, 2024 and January 1, 2026, a person must submit an Application for Automatic Expungement to expunge an eligible case under the Clean Slate/Automatic Expungement Provisions, which is found on the Utah State Court’s website. § 77-40a-204.  Online information is available to individuals to determine the status of their automatic or petitioned expungement on the BCI’s website through submission of a verification form.  Additional information can be found on the website of the Bureau of Criminal Investigation. 

Non-conviction records:  In 2024, clean slate authority was extended to cases of acquittal or dismissal with prejudice (§ 77-40a-206) or arrests or charges (§ 77-40a-204). See SB352. 

Misdemeanor convictions and plea in abeyance records:  With respect to convictions and cases dismissed following a plea in abeyance, only cases defined as “clean slate eligible cases” are eligible for automatic expungement. § 77-40a-101(8).  Each conviction within the case—or if the case is dismissed as a result of successful completion of a plea in abeyance agreement under § 77-2a-3(2)(b), each charge within the case—must satisfy the following criteria including payment of all court debt and waiting periods that are longer than for petition-based sealing of these same records:

 

(A) a misdemeanor conviction for possession of a controlled substance under § 58-37-8(2)(a)(i);5. 

(B) a class B or class C misdemeanor conviction; or

(C) an infraction conviction

In addition, several additional criteria must be satisfied including payment of all court debt and waiting periods that are longer than for petition-based sealing:

  • Each conviction within the case—or if the case is dismissed as a result of successful completion of a plea in abeyance agreement under § 77-2a-3(2)(b), each charge within the case—must either be (A) a misdemeanor conviction for possession of a controlled substance under § 58-37-8(2)(a)(i); (B) a class B or class C misdemeanor conviction; or (C) an infraction conviction;
  • The person must not have been found in the case to be not guilty by reason of insanity;
    • The person must be no criminal proceedings pending against them in the state;
  • The person must not have been convicted of specified combinations of prior misdemeanor and felony offenses in Utah state courts—excluding infractions, traffic offenses, or minor regulatory offenses6A person is not eligible if the person has any of the following combinations of Utah state convictions on their record: two felony convictions from separate episodes, excluding drug possession; three convictions from separate episodes of which two are class A misdemeanor convictions, excluding drug possession; four convictions from separate episodes of which three are class B misdemeanor convictions, excluding drug possession; five convictions from separate episodes, excluding drug possession; three felony drug possession convictions from separate episodes; or five drug possession convictions from separate episodes.  § 77-40a-101(5).[note];
  • The case must not have an outstanding criminal judgment “accounts receivable” (defined in § 77-32a-101 to include “any amounts owed by a criminal defendant arising from a criminal judgment that has not been paid,” including fines, costs and restitution), even if it has been entered as a civil judgment and transferred to the Office of State Debt Collection;
  • The case must not have an outstanding criminal judgment “accounts receivable” (defined in § 77-32a-101 to include “any amounts owed by a criminal defendant arising from a criminal judgment that has not been paid,” including fines, costs and restitution), even if it has been entered as a civil judgment and transferred to the Office of State Debt Collection;
  • The following time periods must have elapsed from the day on which the case was adjudicated: (1) at least 5 years for a class C misdemeanor or an infraction; (2) at least 6 years for a class B misdemeanor; and (3) at least 7 years for a class A conviction for possession of a controlled substance in violation of § 58-37-8(2)(a)(i); and
  • The case must not include a conviction or plea held in abeyance for specified categories of offenses, including any felony or Class A misdemeanor (other than drug possession), or crimes involving violence, sexual assault, weapons, domestic violence, or DUI.

§ 77-40a-205.  

Application for “Auto Expungement” Information: While affected individuals are not notified that their record has been expunged, BCI now has an application process to find out what has been automatically expunged from a person’s Utah Criminal History. A person must submit fingerprints and pay a fee of $15 and will receive a letter stating what they have or have not had their record expunged. This application and instructions can be found by clicking on Expungement Forms at the BCI website.  

Traffic cases:  Records for the following traffic cases “shall be deleted” without a court order or notice to the prosecuting agency: (1) a case that resulted in an acquittal on all charges; (2) a case dismissed with prejudice (other than as a result of successful completion of a plea in abeyance agreement); and, as revised in 2022, (3) a traffic offense that is either a B misdemeanor after five years or a C misdemeanor after six years. § 77-40a-202. 

Implementation:  Automated expungement process and rules differ based on whether the case occurred before October 1, 2024, and on or after May 1, 2020, or rules that will apply on or after January 1, 2026 (§ 77-40a-204) or on and after October 1, 2024, but before January 1, 2026 (§ 77-40a-205).

IV.  Criminal record in employment & licensing

A.  Ban-the-box in public employment

As of May 8, 2017, as enacted by HB 156, public employers may not require an applicant to disclose convictions or juvenile adjudications on an employment application or before an initial interview. Utah Code Ann. § 34-52-201(1), (2). If no interview is conducted, an employer may not require disclosure until after a conditional offer of employment is made.  § 34-52-201(2)(b). The law covers the state (and its agencies and subunits), state institutions of higher education, and municipalities and other political subdivisions of the state. § 34-52-102. The law does not apply “if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant’s criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or a juvenile delinquency history,” or to the following public employers:

(a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant’s criminal conviction history;

(b) to a public employer that is a law enforcement agency;

(c) to a public employer that is part of the criminal or juvenile justice system;

(d) to a public employer seeking a nonemployee volunteer;

(e) to a public employer that works with children or vulnerable adults;

(f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203;

(g) to the State Tax Commission; 

(h) to a public employer whose primary purpose is performing financial or fiduciary functions; or

(i) to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2A-825.

§ 34-52-201(6).

B.  Licensing

In 2019 and again in 2020, Utah amended its laws relating to consideration of criminal conviction in licensure, and the resulting scheme is quite robust in ensuring fair treatment of people with a criminal record. An occupational or professional license may be denied, or restricted, where an applicant or licensee has engaged in “unprofessional conduct.” Utah Code Ann. §§ 58-1-304, 58-1-401.  “Unprofessional conduct” is defined as:

“conduct that results in conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere which is held in abeyance pending completion of probation with respect to a crime of moral turpitude or any other crime that, when considered with the functions and duties of the occupation or profession for which the license was issued or is to be issued, bears a substantial relationship to the licensee’s or applicant’s ability to safely or competently practice the occupation or profession.”

§ 58-1-501(2), as amended in 2019 by HB90 (2019)(changing “reasonable relationship” to “substantial relationship”). “Unprofessional conduct” is further detailed in Utah Admin. Code R156-1-501 to include various aggravating and mitigating factors.

Preliminary determination: HB490 also authorized persons with a criminal record to apply at any time for a determination of whether their record would disqualify them from obtaining a license in any occupation or profession regulated by Title 58 of the Utah code (Title 58 extends, inter alia, to medical and health care professionals, architects and builders, cosmetologists, funeral service providers, hunting guides, pharmacists, athletic agents, geologists, music therapists, and persons authorized to distribute and conduct research with controlled substances).  § 58-1-310 (“Application for Division Determination Regarding Criminal Conviction”).  A fee may be charged.  Within 30 days of receipt of a completed application, the Division of Occupational and Professional Licensing must make a written determination, and a negative decision may include additional steps the individual could take to qualify.  Id. 

The legislature has removed “good moral character” requirements from almost all specific licensing requirements.  See, e.g., SB 43 (2022).

Standards: In 2020, new standards were established for consideration of licensure of applicants with criminal records. See SB201. A new subsection (7) of § 58-1-401 provides that boards will “provide individualized consideration to the applicant or licensee,” and “determine whether the criminal conviction bears a substantial relationship to the applicant’s or licensee’s ability to safely or competently practice the occupation or profession.”  In making the “substantial relationship” determination the board will “consider the applicant’s or licensee’s current circumstances” measured by a number of the customary factors such as age when offense committed, time since conviction, etc. and various indicia of rehabilitation.  Applicants are provided with an opportunity to appeal a denial. § 58-1-402.

Certain convictions are per se “not evidence of unprofessional conduct,” including non-convictions, and convictions where five years have passed since release from incarceration without a conviction or guilty plea (reduced from seven years by HB167 in 2025).  Convictions for violent and sexual crimes, and for fraud or embezzlement are excepted. § 58-1-501(4)(b)(ii).

Background investigations for licensing:  The Division of Occupational and Professional Licensing (DOPL) is specifically authorized to conduct background investigations of applicants for licensure or certification, including renewal, reinstatement, or relicensure in the following professions, as expanded by 2025 amendments under SB44: podiatry (§ 58-5A-302), optometry (§ 58-16A-302), pharmacy (§§ 58-17b-303, 304, 305, 306), , physical therapy (§ 58-24b-302), certified and licensed nurses (§ 58-31b-302), occupational therapy (§ 58-42a-302), nurse midwifery (§ 58-44A-302), massage therapy (§ 58-47b-302), construction trades such as electricians, plumbers, contractors, alarm companies and agents (§ 58-55-302), social workers (§ 58-60-205), marriage and family therapy (§ 58-60-305), mental health counseling (§ 58-60-405), master addiction counseling (§ 58-60-506), psychology (§ 58-61-304), security personnel (§ 58-63-302), deception detection examiner (§ 58-64-302), physicians and surgeons (§ 58-67-302), dentistry (§ 58-69-302), physician assistants (§ 58-70a-302), anesthesiologist assistants (§ 58-70b-302), naturopathic physicians (§ 58-71-302), and chiropractic physician (§ 58-73-302).  § 58-1-301.5(1).

Under this section, DOPL is authorized to consider convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition.  § 58-1-301.5(2), (3). The 2025 amendments detailed the process by which DOPL obtains the records, including consent and payment of fees by the applicant for the Bureau of Criminal Identification and Federal Bureau of Investigation for fingerprint processing. Id. at §§ 301.5(5), (6), (7). If an applicant “failed to accurately disclose a criminal history,” DOPL may provide notice that the “license is immediately and automatically revoked,” and the applicant is entitled to a hearing to challenge the revocation. Id. at § 301.5(8).

DOPL is not among the agencies authorized under § 77-40a-403(2) to receive information contained in expunged records, and the statutes authorizing background checks for the above-listed professions do not specifically mention expunged records. Additionally, the Utah courts have held that an expunged conviction may not be accessed for licensing purposes.  See Doe v. Dep’t of Pub. Safety, 782 P.2d 489 (Utah 1989) (Department of Public Safety could not ask about or obtain expunged convictions of applicant for employment with Department of Corrections; and expungement statute’s failure to limit rights of licensing agencies to receive information did not give Department right to expunged information).  

  1. Until 1998 persons convicted of a felony could vote in Utah.  See 1998 Utah Laws Ch. 266 (H.B. 190).  Under the amendments to the law that year, persons convicted of a felony were prohibited from voting, but the mechanisms enacted to restore this right excepted people with federal and out-of-state offenses from the relief extended to those convicted in Utah state courts.  See id.  In 2006, the Utah Legislature corrected this gap in the law by identifying a “convicted felon” as a person convicted in “any state or federal court of the United States.”  See 2006 Utah Laws Ch. 28 (S.B. 47).  This clarification guarantees that the proper legal mechanism exists to ensure that the right to vote is automatically restored for all persons convicted of a felony in Utah upon release from prison. 
  2. Until 1992 constitutional amendment, the Board of Pardons consisted of the governor, the Attorney General, and the Justices of the Supreme Court, similar to Nevada.  See Utah Const. art. VII, § 12 (1991); 1992 Utah Laws Sen. Jt. Res. 8.  See also Guide to Executive Clemency Among the American States, Nat’l Governors’ Ass’n 149-50 (1988).
  3. According to a report issued in 2016, the BCI has turned away numerous applicants based on minor prior offenses, causing an increase in the number of people applying for the alternative relief of pardon.  See Section II, above.
  4. In March 2018, eligibility criteria were expanded to permit expungement where the entire case is dismissed without prejudice or without condition AND (1) the prosecutor consents in writing to the issuance of a certificate of eligibility, OR (2) at least 180 days have passed since the date of dismissal. § 77-40a-302(c)(iii)(2018). See SB 62.
  5. The original intent of the legislature was to make only marijuana possession convictions eligible; however, the underlying case documentation did not always specify which drug was involved, so it was determined to extend eligibility to all controlled substances.