How to clear or seal your criminal record
Clearing a record usually means expungement or sealing: a court order that takes a case out of public view. Almost all of this happens under state law, so the rules come from the state where you were charged. Start by getting a copy of your own record, then match each case against your state's waiting periods and limits.
Some states now clear old cases on their own under Clean Slate laws, including New York, Michigan and California. Federal convictions are much harder to clear: the Justice Department says federal courts rarely grant expungement, and a presidential pardon forgives a conviction without removing it from your record.15161712
Updated October 2026. Rules differ by state, so call your office before you go. Questions? We're here: call or text 888-860-RISE.
Words you'll see
Expungement, sealing, set-aside and record relief all describe ways a state limits who can see an old case. They don't all do the same thing. California, for example, says its automatic record relief is not a dismissal, sealing or expungement: the case stays on the state record with a note, and the state limits who it's shared with.17
A pardon is different. It's forgiveness from a governor or the President, not a court order to hide the record. For a state conviction, you apply to that state's governor or pardon board, not the President.12
Your steps, in order
- 1
Get a copy of your own record
You can't tell what to clear until you see what's there. The FBI sells you your own record, called an Identity History Summary, for $18 by mail. Applying online at edo.cjis.gov is faster: if you get fingerprinted at a post office, results can come within 48 hours.1
In Utah, the Bureau of Criminal Identification (BCI) reviews your Utah record when you apply for expungement and sends a letter listing which cases are eligible, so the application doubles as an eligibility check.2
Bring- A government photo ID
- Every name you've used, including married and maiden names
- Case numbers and court names, if you have them
- Release, probation or parole papers that show end dates
- 2
Check your state's waiting periods and limits
Most states make you wait a set number of years and cap how many convictions you can have. In Utah the wait starts from your conviction or your release from prison, parole or probation, whichever is later: 3 years for a class C misdemeanor or infraction, 4 years for a class B, 5 years for a class A or a felony drug possession, 7 years for other felonies, and 10 years for a misdemeanor DUI.8
Some cases can never be cleared in Utah, including capital and first degree felonies, violent felonies, felony DUI, and offenses that require sex, kidnap or child abuse offender registration.8
Other things can block you too. In Utah, they include an open case, still being in prison or on probation or parole, unpaid fines or fees on the case, and an active protective order or stalking injunction.85
Tip:Write each case on its own line with the charge level and the date you finished your sentence. Then count forward the waiting period. It turns a scary pile of paper into a short list.
- 3
Find out if it already cleared on its own
Utah's Clean Slate law took effect in 2022, making it the second state with automatic clearing. It covers some older class B and C misdemeanors, infractions, misdemeanor drug possession, and cases that were dismissed or ended in acquittal.107
Utah's automatic process for convictions now runs only for cases where a request form was sent to the court between October 1, 2024 and December 31, 2025. Felonies, domestic violence, DUI, weapons and registrable sex offenses are excluded, and a prosecutor can object. If your case wasn't cleared, the petition process in the next step is still open to you.97
To see what Utah has already cleared, send BCI a valid ID and $15. You'll get a letter listing what was automatically expunged.7
- 4
Apply: Utah's three steps
First, send BCI the expungement application with a $65 application fee, your fingerprints and a copy of your photo ID. Utah Driving Privilege Cards aren't accepted as ID. A response can take 1 to 2 months.34
Second, buy a certificate of eligibility for each case you want to clear. Each costs $65, except dismissals, acquittals and declined cases, which have no certificate fee. You then have 180 days from the date on BCI's letter to file your petition with the court, or the certificates expire.42
Third, file a cover sheet, a petition to expunge and a proposed order with the court, and mail or email copies to the prosecutor. If the prosecutor or a victim objects, you can file a reply and go to the hearing. Court forms are at utcourts.gov/exp.2
Bring- BCI's letter and certificate list
- One petition and one proposed order for each case
- Proof you sent copies to the prosecutor
- 5
Can't pay? Get the fees waived and free help
In Utah, check the box on the BCI application asking for a fee waiver and send the waiver form with it. The court decides the waiver when it decides your petition, so file both within the 180 days. A waiver isn't guaranteed.36
The Utah State Courts Self-Help Center can help you with the forms at 888-583-0009.2
In any state, LawHelp.org lists free legal aid near you, the Legal Services Corporation funds legal aid for people with low incomes, and many law schools run free clinics. This guide isn't legal advice; a legal aid lawyer can tell you what applies to your cases.11
- 6
After it's granted
Keep a certified copy of every order. In Utah, the court sends the order to BCI, BCI removes the record from the state database and tells the FBI to remove it too, and you get a letter confirming it.2
Once the order is issued in Utah, you can generally answer questions as though the arrest or conviction didn't happen, unless a law or court says otherwise. Some agencies can still see expunged records.4
Private background check companies may still have old copies. If one reports a cleared case, send it a copy of your order and ask it to fix the report.
What it costs
| Item | Cost |
|---|---|
| Utah BCI expungement application | $65, not refundable (fee waiver possible) |
| Utah certificate of eligibility | $65 per case; no fee for dismissals, acquittals or declined cases |
| Utah court filing fees | Separate from BCI fees; ask the court about a waiver |
| Utah Clean Slate status letter | $15 |
| Your FBI record | $18 by mail |
State and federal examples
Each state writes its own rules. These examples come from each state's own pages; check the state where your case was filed.
Utah
Petition-based expungement through BCI and the courts, with waits of 3 to 10 years depending on the offense. A limited Clean Slate process also clears some old misdemeanors and dismissed cases.892
New York
The Clean Slate Act took effect November 16, 2024. Eligible convictions are sealed 3 years after sentencing or release for misdemeanors and 8 years for felonies, if you're off supervision with no new cases. Sex offenses and most class A felonies aren't eligible. The courts have until November 16, 2027 to finish sealing.15
Michigan
Automatic expungement began April 11, 2023. Misdemeanors can clear after 7 years and felonies after 10, with limits such as no more than 2 felonies. Check your public record with the state's ICHAT tool.16
California
The Department of Justice reviews records monthly, back to 1973, and adds a note of relief to eligible arrests and convictions without a petition. It doesn't tell you, so request your record to check. Dismissal or sealing still takes a court petition.17
Federal convictions
You can apply for a presidential pardon 5 years after release from confinement, or 5 years after sentencing if you weren't imprisoned. A narrow law lets a court expunge a first federal drug possession case for someone who was under 21 at the time and whose case was handled through special probation.1314
Stuck on a step? You don't have to do this alone.
Call or text, and we'll help you find the right office and what to bring. Someone on our team can step in whenever youwhat to bring, with a real person on our team whenever you need one.apos;d like. Or become a RISING MEMBER: a mentor who's been there helps you build a plan, step by step. You do the work; we walk with you.
Questions people ask
Will an expunged record show up on a background check?
It shouldn't show up on public checks once the order is carried out. In Utah, BCI removes it from the state database and tells the FBI to remove it, and you can generally answer as though it didn't happen. Some government agencies can still see it, and private background companies may hold old copies you'll need to correct.
Can a federal conviction be expunged?
Rarely. The Justice Department says federal courts seldom grant it. One narrow law covers a first federal drug possession case for someone who was under 21 and got special probation. Otherwise, the main option is a presidential pardon, which forgives but doesn't erase the conviction.
How long do I have to wait in Utah?
It depends on the charge: 3 years for a class C misdemeanor or infraction, 4 for a class B, 5 for a class A or felony drug possession, 7 for other felonies, and 10 for a misdemeanor DUI. The clock starts at conviction or at the end of prison, parole or probation, whichever is later.
Do I need a lawyer to expunge my record?
Not always. Many people file on their own with court forms, and Utah's court Self-Help Center answers questions at 888-583-0009. If a prosecutor objects or your history is complicated, free legal aid through LawHelp.org or a law school clinic can help.
What's the difference between a pardon and an expungement?
An expungement is a court order that removes or hides a case. A pardon is forgiveness from a governor or the President. A federal pardon doesn't remove the conviction: both the conviction and the pardon stay on your record.
Keep going: more first-step guides
Sources
Official pages, read in October 2026. Rules change. If something here looks out of date, please let us know at hello@riseaid.org and we'll fix it.
- 1.Federal Bureau of Investigation. Identity History Summary Checks
- 2.Utah Bureau of Criminal Identification. Expungement instructions (2024)
- 3.Utah Bureau of Criminal Identification. Expungement application (2026)
- 4.Utah Bureau of Criminal Identification. Expungements FAQ
- 5.Utah Bureau of Criminal Identification. Criteria for a certificate of eligibility (2025)
- 6.Utah Bureau of Criminal Identification. Indigent (fee waiver) instructions (2024)
- 7.Utah Bureau of Criminal Identification. Clean Slate (automatic) expungement
- 8.Utah Code. Section 77-40a-303: Requirements for a certificate of eligibility to expunge a conviction (effective May 6, 2026)
- 9.Utah Code. Section 77-40a-205: Automatic expungement of a clean slate case (effective May 6, 2026)
- 10.Utah State Courts (2022). Utah's Clean Slate law goes into effect
- 11.USA.gov. Find a lawyer for affordable legal aid
- 12.U.S. Department of Justice, Office of the Pardon Attorney. Frequently asked questions
- 13.U.S. Department of Justice, Office of the Pardon Attorney. Petition for pardon after completion of sentence
- 14.U.S. Code (via Cornell Law School). 18 U.S.C. § 3607: Special probation and expungement for drug possessors
- 15.New York State Unified Court System. Criminal record sealing and the Clean Slate Act
- 16.Michigan Department of Attorney General. Automatic expungements: Michigan Clean Slate
- 17.California Department of Justice. Automatic record relief: Penal Code sections 851.93 and 1203.425