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Am I eligible?

The Utah Bureau of Criminal Identification (BCI) is responsible for determining expungement eligibility. After you submit an application to BCI ($65 fee), BCI checks your entire criminal history (including out of state, federal, and previously expunged cases) and makes a determination whether you are eligible. The questions below alert you to some common reasons why you might not be eligible or not ready at this time to submit an application.

If you are still uncertain about your eligibility after going through the questions below, you always have the option of applying ($65 application fee required) and BCI will tell you whether you are eligible.

Note: Your entire adult criminal history (including out of state and federal cases) is considered when Utah determines your eligibility for expungement.

Question #1:

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Do you have an active or pending criminal case?
  • Still going to court / awaiting a court date?
  • On probation or parole (includes unsupervised probation)?
  • Have active warrants? (Traffic does not count) 

Yes: STOP.  You are NOT eligible for expungement at this time, but may be in the future once:  

  • Your criminal case is closed
  • You are no longer on probation or parole
  • You no longer have active warrants in any criminal cases

No: Go to the next question.

Question #2:

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Did your criminal case result in conviction?

Yes: If your case resulted in conviction (found guilty or pled guilty), go to the next question.

No: If your case did not result in conviction (because it was dismissed, you were acquitted / found not guilty at trial):

You can usually proceed to apply. Remember these questions are common reasons that you may be ineligible, only BCI can make the determination after you apply.

However, if the charges were dismissed without prejudice (this sometimes occurs as a part of your plea deal if you successfully completed probation), you either need:

  • To include the prosecutor's consent in writing when submitting the application; or
  • you must wait 180 days from the date the case was closed.

Question #3:

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Do you have ANY unpaid fines, fees, or restitution?
  • Do you owe money to the Court?
  • A victim?
  • Probation services?
  • or the Office of State Debt Collection?

Yes: You are NOT eligible for expungement at this time for the particular case you owe money on. 

  • To see if you owe money on a particular case: you can contact the court clerk (using this directory).
  • If your case was closed and sent to collections, you can contact the Office of State Debt Collection at (801) 957-7700.

No: If all money has been paid on a case, go to the next question.

Question #4:

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Is the conviction you are trying to expunge a:
  • First degree felony?
  • Felony DUI?
  • Violent felony?
  • Capital felony?
  • A registerable sex offense?
  • A registerable child abuse offense?
  • Felony automobile homicide?

Yes: You are NOT eligible for expungement on this case right now.  However, you may be able to make the case eligible by applying to have the severity of your case reduced. (For example: Reducing a felony down to a misdemeanor.) This is called a "402 Reduction." 

No: Go to next question.

Question #5:

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Has the following time passed on the conviction(s) you are trying to expunge?

Important:
Time should be counted from the date you were convicted or released from jail, got off probation (including unsupervised), or finished parole, whichever occurred LAST.

      • 10 years for misdemeanor DUI
      • 7 years for Non-violent felony
      • 5 years for felony Drug Possession
      • 5 years for Class A misdemeanor
      • 4 years for Class B misdemeanor
      • 3 years for Class C misdemeanor or Infraction

No: You are NOT eligible for expungement on this case at this time.  You can wait for the appropriate time to pass before you try again or you may be able to shorten the waiting period by applying to have the severity of your case reduced. (For example: Reducing your case down from a felony to a misdemeanor.) This is called a "402 Reduction." 

Yes: You can usually proceed to apply. Remember these questions are common reasons that you may be ineligible, only BCI can make the determination after you apply.