EXPUNGEMENT ELIGIBILITY

Most criminal charges and arrest reports are able to be expunged or cleaned off your record. Utah uses an eligibility system almost like a pre-qualification to an expungement. Eligibility is a complex analysis, you should consult an attorney to determine whether you are eligible.

Eligibility looks at a number of factors to determine whether you “pre-qualify” for an expungement, some of these factors include the total number of charges or arrests you have, the type of charges you have, and the amount of time that has passed since the charge. There are also a number of offenses that are automatically not eligible for expungment. Below is an overview of the expungment eligibility test, visit U.C.A. 77-40-105 for more information.

Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification (BCI). This includes incidents in all states and previous expungements. We will conduct a thorough background check and you will be notified by mail of your approval or denial.

Reasons for Denial:

Capital felony U.C.A. 77-40-105(2)(a)(i)

First degree felony U.C.A. 77-40-105(2)(a)(ii)

Violent felony U.C.A. 76-3-203.5(1)(c)(i)

Automobile homicide U.C.A. 77-40-105(2)(a)(iv)

Felony DUI Alcohol/Drugs U.C.A. 41-69-501(2)

Registerable sex offenses U.C.A. 77-27-21.5(1)(n)

A proceeding is pending or being investigated 77-40-105(2)(b)

Statute of limitations has not been met U.C.A. 77-40-104(1)(c)(iv)

Fines, interest, and restitution not paid U.C.A. 77-40-105(3)(a)

Time required by law not met 77-40-105(3)

Two or more felony criminal episodes U.C.A. 77-40-105(4)(a)

Any combination of three or more convictions that contain two class A misdemeanors U.C.A. 77-40-105(4)(b)

Any combination of four or more convictions that contain three or more class B misdemeanors
U.C.A. 77-40-105(4)(c)

Five or more misdemeanors or felony episodes U.C.A. 77-40-105(4)(d)

Decisions are made according to Utah state statute. Go to www.le.state.ut.us and select “Utah Code/Constitution” link to search by title.

Time period does not begin until all confinement and probation has been completed.

Time Periods:

10 years – Any alcohol/drug related traffic

7 years – Eligible Felonies

5 years – Class A Misdemeanor

4 years – Class B Misdemeanor

3 years- Class C Misdemeanor and infractions

30 days – Dismissals

Disclaimer: The information on this site is for educational purposes only and is not intended to constitute legal advice. In order to establish an official attorney-client relationship, you must conduct an in-person or telephone consultation and execute a written fee agreement. Simply sending an e-mail asking for information or asking me to perform services for you is inadequate to establish an attorney-client relationship.