Traffic Conviction Expungement
You can ask the court to expunge your traffic convictions without having to go through the Bureau of Criminal Identification (BCI) to obtain a Certificate of Expungement Eligibility. You would still need to file a petition with the court and serve the prosecutor and respond to any objections and attend any court hearings.
If the court issues an Order of Expungement, the traffic offense will be removed from court and police records only. Traffic offenses will not be removed from your Utah Driver License record.
You can file a petition for expungement of a traffic conviction if:
- For a class C misdemeanor or infraction, at least three years have elapsed from the conviction date
- For a class B misdemeanor, at least four years have elapsed from the conviction date
Only certain violations qualify as traffic offenses for expungement. Driving without Insurance, Expired Vehicle Registration, and Driving without an Interlock Device are all offenses that would require a Certificate of Eligibility from BCI. See our step-by-step guide for this type of petition-based expungement.
“Traffic offense” means:
- all infractions, class B misdemeanors, and class C misdemeanors in Title 41, Chapter 6a, Traffic Code;
- an offense under Title 53, Chapter 3, Part 2, Driver Licensing Act;
- an offense under Title 73, Chapter 18, State Boating Act; and
- all local ordinances that are substantially similar to an offense listed above.
Examples of a "traffic offense" as listed on a court case docket:
- Charge 3 - 41-6A-1803 - FAILURE TO WEAR SEAT BELT - Infraction
- Charge 1 - 41-6A-601 - SPEEDING 53 in a 40 - Class C Misdemeanor
“Traffic offense” does not mean:
- an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
- an offense under Sections 73-18-13 through 73-18-13.6; or
- any local ordinance that is substantially similar to an offense listed above.
Examples that are "NOT traffic offense" as listed on a court case docket:
- Charge 3 - 41-12A-302 - OPERATING A VEHICLE WITHOUT INSURANCE - Class B
- Charge 2 - 41-1A-404 - FAILURE TO DISPLAY LICENSE PLATE - Class C Misdemeanor