Utah Expungement Attorneys
Clear your record. Protect your future. Move forward with confidence.
Fillmore Spencer expungement Lawyers
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Utah Expungement Lawyers Helping Clients Seal Criminal Records Across Utah
A criminal record can follow you long after a case is over. It can affect employment, housing, professional licensing, education, immigration concerns, background checks, and your ability to move forward with confidence. For many people, an expungement offers a meaningful second chance.
At Fillmore Spencer LLC, our Utah expungement attorneys help clients determine whether they are eligible to clear or seal their criminal record under Utah law. Whether your case involved a dismissed charge, misdemeanor conviction, drug offense, DUI, traffic-related matter, or older felony conviction, our Criminal Defense Team can help you understand your options and guide you through the expungement process.
Let us help you determine whether your record can be cleared. Contact Fillmore Spencer today.
Fillmore Spencer Expungement Lawyers Help Utah Clients Move Forward
About Our Utah Expungement Attorneys
Utah’s expungement laws are detailed and highly fact-specific. Eligibility depends on more than one charge or case. The court and the Utah Bureau of Criminal Identification may consider your total criminal history, the type and number of offenses, whether all fines and restitution have been paid, whether enough time has passed, whether any proceedings are pending, and whether the expungement is consistent with the public interest.
Our attorneys help clients evaluate records, identify potential issues before filing, prepare court documents, respond to objections, and pursue expungement orders that can limit public access to past arrests, charges, and convictions.
Why Hire a Utah Expungement Lawyer?
A Utah expungement attorney can help you:
- Determine whether you are eligible before spending time and money on filing
- Review your full Utah criminal history
- Identify which cases should be included
- Address unpaid fines, restitution, or court obligations
- Prepare and file the correct petitions and proposed orders
- Communicate with prosecutors when appropriate
- Respond to objections
- Prepare for court hearings
- Follow through after the judge signs the order
The goal is not simply to file paperwork. The goal is to clear the record correctly so you can move forward.
Don’t Let an Old Criminal Record Limit Your Future
A criminal record can affect your future even after you have completed every requirement ordered by the court. If you are applying for a job, seeking housing, pursuing a professional license, returning to school, or simply trying to move forward, expungement may help reduce the impact of an old case.
Call a Fillmore Spencer Utah expungement lawyer at (801) 426-8200 or contact us online for a free initial consultation.
What Is an Expungement in Utah?
An expungement is a court process that seals or restricts access to certain criminal records. When a Utah record is expunged, the public generally cannot view or copy the record, and in many situations, you may legally respond as though the arrest or conviction did not occur.
Expungement does not always mean every government agency loses access to the record. Certain agencies may still be able to view expunged records in limited circumstances. But for many people, expungement can greatly reduce the impact of an old criminal case on job applications, housing applications, background checks, professional opportunities, and personal peace of mind.
Who May Be Eligible for Expungement in Utah?
- The level of offense, such as infraction, Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, or felony
- Whether the offense was a DUI, drug possession offense, domestic violence offense, violent felony, sex offense, or other excluded offense
- Whether there are pending criminal cases
- Whether you are currently on probation, parole, or incarcerated
- Whether all fines, fees, interest, and restitution have been paid
- The number of prior convictions or criminal episodes on your record
- Whether enough time has passed since completion of the case or sentence
- Whether the prosecutor or victim objects to the expungement
Because Utah law considers the full record, it is important to review your eligibility carefully before filing.
What Types of Records Can Be Expunged?
Depending on the circumstances, expungement may be available for:
- Arrest records
- Investigative records
- Detention records
- Dismissed criminal charges
- Acquittals
- Certain misdemeanor convictions
- Certain felony convictions
- Drug possession offenses
- Some traffic-related offenses
- Certain plea in abeyance cases
- Older criminal cases that meet Utah’s eligibility requirements
Not every record can be expunged. Some offenses are excluded by law, and some people may have too many qualifying convictions to be eligible without additional legal remedies.
Utah Expungement Waiting Periods
Common Utah Expungement Waiting Periods
| Type of Case or Offense | Common Waiting Period |
|---|---|
DUI, DWI, or impaired driving | 10 years |
Eligible felony conviction | 7 years |
Class A misdemeanor | 5 years |
Class B misdemeanor | 4 years |
Class C misdemeanor or infraction | 3 years |
Dismissed cases | 30 to 180 days, depending on the case |
These timeframes are only part of the analysis. Even if the waiting period has passed, a person may still be ineligible if another disqualifying factor applies.
Petition-Based Expungement in Utah
Many expungements in Utah require a petition-based process. This usually begins by applying for a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). If BCI determines that you are eligible, you can then file the certificate and petition with the appropriate court.
The process may include:
- Reviewing your criminal history and identifying all records that may need to be addressed
- Applying to BCI for a Certificate of Eligibility
- Filing a Petition to Expunge Records with the correct court
- Serving or notifying the prosecutor
- Waiting for any objection from the prosecutor or victim
- Attending a hearing if the court schedules one
- Obtaining signed expungement orders
- Making sure the orders are processed by the court, BCI, and appropriate agencies
A petition-based expungement can take several months. Mistakes in the petition, filing location, service requirements, or supporting documents can delay the process or result in denial.
Utah Clean Slate and Automatic Expungement
Utah also has Clean Slate and automatic expungement laws for certain qualifying cases. Some dismissed cases, acquittals, infractions, Class C misdemeanors, Class B misdemeanors, and certain drug possession misdemeanors may qualify for automatic expungement if the legal requirements are met.
Automatic expungement is not available for every case. Felonies, DUI or reckless driving cases, domestic violence offenses, many offenses against a person, weapons offenses, sex offenses, and other excluded charges may require a petition-based process or may not be eligible for expungement at all.
If you believe your case should have been cleared automatically but still appears on your record, our attorneys can help you review whether you qualify and determine whether additional action is needed.
Can a DUI Be Expunged in Utah?
In some cases, a first-time DUI may be eligible for expungement after the required waiting period, assuming all other requirements are met. Utah DUI expungements are not automatic Clean Slate expungements. They require careful review because DUI-related offenses have longer waiting periods and special eligibility rules.
If you have a prior DUI, impaired driving conviction, reckless driving history, or multiple alcohol-related traffic offenses, our attorneys can help determine whether expungement is available and what steps are required.
Utah Expungement FAQs
How long does an expungement take in Utah?
A petition-based Utah expungement often takes several months. The timeline depends on BCI processing, court filing, prosecutor review, possible objections, and whether the court requires a hearing.
Do I need a Certificate of Eligibility?
For most petition-based expungements, yes. You generally need to apply for and receive a Certificate of Eligibility from BCI before filing your petition with the court. Certain traffic, cannabis, Clean Slate, or automatic expungement processes may follow different rules.
Can I expunge a dismissed case?
Many dismissed cases may be eligible for expungement, but the waiting period and process depend on how the case was dismissed and whether any appeal period or other legal requirement applies.
Can I expunge a felony in Utah?
Some felony convictions may be eligible for expungement after the required waiting period, but many serious felony offenses are not eligible. Eligibility depends on the offense level, type of offense, total criminal history, and other statutory requirements.
Can I expunge a drug possession conviction?
Certain drug possession offenses may be eligible for expungement, and some may qualify under Clean Slate rules. Other drug-related offenses may require a petition-based expungement or may have additional limitations.
Can I expunge a domestic violence case?
Domestic violence cases require careful review. Some domestic violence offenses may be excluded from Clean Slate expungement, and eligibility for petition-based expungement depends on the charge, outcome, criminal history, and applicable Utah law.
What happens after my record is expunged?
After an expungement order is entered and processed, public access to the record is restricted. In many situations, you may respond as though the arrest or conviction did not occur. However, some government agencies may still access expunged records in limited circumstances.
What if BCI denies my Certificate of Eligibility?
A denial does not always mean there are no options. An attorney can review the reason for denial, determine whether the issue can be corrected, and evaluate whether another legal remedy may be available.
