(1) A court shall issue an order of expungement, without the filing of a petition, for all records of the case that are held by the court and the bureau if:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 77-40a-205

  • Agency: means a state, county, or local government entity that generates or maintains records relating to an investigation, arrest, detention, or conviction for an offense for which expungement may be ordered. See Utah Code 77-40a-101
  • Automatic expungement: means the expungement of records of an investigation, arrest, detention, or conviction of an offense without the filing of a petition. See Utah Code 77-40a-101
  • Bureau: means the Bureau of Criminal Identification of the Department of Public Safety established in Section 53-10-201. See Utah Code 77-40a-101
  • Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-40a-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means judgment by a criminal court on a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere. See Utah Code 77-40a-101
  • Court: means a district court or a justice court. See Utah Code 77-40a-101
  • Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-40a-101
  • Department: means the Department of Public Safety established in Section 53-1-103. See Utah Code 77-40a-101
  • Expunge: means to seal or otherwise restrict access to the individual's record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction. See Utah Code 77-40a-101
  • Minor regulatory offense: includes an offense under Section 76-9-701 or 76-10-105. See Utah Code 77-40a-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material, regardless of physical form or characteristics, that:
         (21)(a) is contained in the agency's file regarding the arrest, detention, investigation, conviction, sentence, incarceration, probation, or parole of an individual; and
         (21)(b) is prepared, owned, received, or retained by an agency, including a court. See Utah Code 77-40a-101 v2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic offense: means , except as provided in Subsection (21)(b):
              (21)(a)(i) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 41, Chapter 6a, Traffic Code;
              (21)(a)(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
              (21)(a)(iii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense under Title 73, Chapter 18, State Boating Act; and
              (21)(a)(iv) all local ordinances that are substantially similar to an offense listed in Subsections (21)(a)(i) through (iii). See Utah Code 77-40a-101
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
     (1)(a) on and after October 1, 2024, but before January 1, 2026, the individual submitted a form requesting expungement of a case as described in Section 77-40a-204;
     (1)(b) the case is eligible for expungement under this section; and
     (1)(c) the prosecuting agency does not object to the expungement of the case as described in Subsection (6).
(2) Except as otherwise provided in Subsection (3), a case is eligible for expungement under this section if:

     (2)(a)

          (2)(a)(i) each conviction within the case is a conviction for:

               (2)(a)(i)(A) a misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);
               (2)(a)(i)(B) a class B misdemeanor offense;
               (2)(a)(i)(C) a class C misdemeanor offense; or
               (2)(a)(i)(D) an infraction; and
          (2)(a)(ii) the following time periods have passed after the day on which the individual is adjudicated:

               (2)(a)(ii)(A) at least five years for the conviction of a class C misdemeanor offense or an infraction;
               (2)(a)(ii)(B) at least six years for the conviction of a class B misdemeanor offense; or
               (2)(a)(ii)(C) at least seven years for the conviction of a class A misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i); or
     (2)(b)

          (2)(b)(i) the case is dismissed as a result of a successful completion of a plea in abeyance agreement governed by Subsection 77-2a-3(2)(b) or the case is dismissed without prejudice;
          (2)(b)(ii) each charge within the case is:

               (2)(b)(ii)(A) a misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i);
               (2)(b)(ii)(B) a class B misdemeanor offense;
               (2)(b)(ii)(C) a class C misdemeanor offense; or
               (2)(b)(ii)(D) an infraction; and
          (2)(b)(iii) the following time periods have passed after the day on which the case is dismissed:

               (2)(b)(iii)(A) at least five years for a charge in the case for a class C misdemeanor offense or an infraction;
               (2)(b)(iii)(B) at least six years for a charge in the case for a class B misdemeanor offense; or
               (2)(b)(iii)(C) at least seven years for a charge in the case for a class A misdemeanor offense for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
(3) A case is not eligible for expungement under this section if:

     (3)(a) the individual has a total number of convictions in courts of this state that exceed the limits under Subsection 77-40a-303(4) or (5) without taking into consideration:

          (3)(a)(i) the exception in Subsection 77-40a-303(7); or
          (3)(a)(ii) any infraction, traffic offense, or minor regulatory offense;
     (3)(b) there is a criminal proceeding for a misdemeanor or felony offense pending in a court of this state against the individual, unless the proceeding is for a traffic offense;
     (3)(c) for an individual seeking an automatic expungement on and after January 1, 2025, the individual is incarcerated in the state prison or on probation or parole that is supervised by the Department of Corrections;
     (3)(d) the case resulted in the individual being found not guilty by reason of insanity;
     (3)(e) the case establishes a criminal accounts receivable that:

          (3)(e)(i) has been entered as a civil accounts receivable or a civil judgment of restitution and transferred to the Office of State Debt Collection under Section 77-18-114; or
          (3)(e)(ii) has not been satisfied according to court records; or
     (3)(f) the case resulted in a plea held in abeyance or a conviction for the following offenses:

          (3)(f)(i) any of the offenses listed in Subsection 77-40a-303(2)(a);
          (3)(f)(ii) an offense against the person in violation of Title 76, Chapter 5, Offenses Against the Individual;
          (3)(f)(iii) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
          (3)(f)(iv) sexual battery in violation of Section 76-9-702.1;
          (3)(f)(v) an act of lewdness in violation of Section 76-9-702 or 76-9-702.5;
          (3)(f)(vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
          (3)(f)(vii) damage to or interruption of a communication device in violation of Section 76-6-108;
          (3)(f)(viii) a domestic violence offense as defined in Section 77-36-1; or
          (3)(f)(ix) any other offense classified in the Utah Code as a felony or a class A misdemeanor other than a class A misdemeanor conviction for possession of a controlled substance in violation of Subsection 58-37-8(2)(a)(i).
(4) A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal Procedure shall receive notice on a monthly basis for any case prosecuted by that agency that appears to be eligible for automatic expungement under this section.
(5) Within 35 days after the day on which the notice described in Subsection (4) is sent, the prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah Rules of Criminal Procedure if the prosecuting agency objects to an automatic expungement for any of the following reasons:

     (5)(a) the prosecuting agency believes that the case is not eligible for expungement under this section after reviewing the agency record;
     (5)(b) the individual has not paid restitution to the victim as ordered by the court; or
     (5)(c) the prosecuting agency has a reasonable belief, grounded in supporting facts, that an individual involved in the case is continuing to engage in criminal activity within or outside of the state.
(6) If a prosecuting agency provides written notice of an objection for a reason described in Subsection (5) within 35 days after the day on which the notice under Subsection (4) is sent, the court may not proceed with automatic expungement of the case.
(7) If 35 days pass after the day on which the notice described in Subsection (4) is sent without the prosecuting agency providing written notice of an objection under Subsection (5), the court shall proceed with automatic expungement of the case.
(8) If a court issues an order of expungement under Subsection (1), the court shall:

     (8)(a) expunge all records of the case held by the court in accordance with Section 77-40a-401; and
     (8)(b) notify the bureau and the prosecuting agency identified in the case, based on information available to the court, of the order of expungement.
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