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| Texas | Texas | Texas | Texas | Texas | Texas | Texas | Texas | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | Utah | |
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| Clearance policy overview | A record relating to a person whose most serious adjudication was a misdemeanor can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(A). | A record relating to charges that were not adjudicated can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(2)(B). | A record relating to a person whose most serious adjudication was a felony can be destroyed upon an application to the agency in possession of the records at the discretion of that agency. Tex. Fam. Code Ann. § 58.264(b)(3). | Records relating to an arrest can be expunged immediately after an acquittal. Tex. Code Crim. Proc. Art. 55.01(a)(1)(A). | Records relating to an arrest for a Class C misdemeanor can be expunged if no charge is filed within 180 days of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a). | Records relating to an arrest for a Class A or B misdemeanor can be expunged if no charge is filed within one year of arrest or within the limitations period, or upon the prosecutor's certification that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(b). | Records relating to an arrest for a felony can be expunged if no charge is filed within three years of the arrest or within the limitations period. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(c). | Records relating to an arrest for a felony can be expunged if no charge is filed and the prosecutor certifies that the records are not needed. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(d). | Records relating to an arrest, investigation, and detention can be expunged by the court upon acquittal, dismissal, expiration of the limitations period, or prosecutorial decision not to file charges, so long as 30 days have passed since the arrest among other conditions. Utah Code Ann. § 77-40a-302. | Records relating to certain driving-related misdemeanors and controlled substance felonies can be expunged by the court 10 years after sentence completion. Utah Code Ann. § 77-40-105(4)(c)(i). | Records relating to a Class A misdemeanor or felony drug possession offense can be expunged by the court five years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iii). | Records relating to a juvenile court adjudication for prostitution, aiding prostitution, or sex solicitation, or for any offense resulting from force, fraud, or coercion, can be vacated and sealed by the court immediately. Utah Code Ann. § 80-6-1002, Utah Code Ann. § 76-10-1304, Utah Code Ann. § 76-10-1313, Utah Code Ann. § 76-10-1302, Utah Code Ann. § 76-5-308. | Records relating an adjudication of delinquency can be expunged if the rehabilitation of the petitioner has been attained to the satisfaction of the juvenile court, including the petitioner's response to programs and treatment, the petitioner's behavior subsequent to the adjudication, and the nature and seriousness of the conduct. Utah Code Ann. § 80-6-1004(1)(a),(2)(b). Records relating to an adjudication of delinquency can be expunged if: (A) the petitioner has not, in the five years preceding the day on which the petition described in Subsection (1)(a) is filed, been convicted of a violent felony; (B) there are no delinquency or criminal proceedings pending against the petitioner; and (C) a judgment for restitution entered by the juvenile court on the adjudication for which the expungement is sought has been satisfied. Utah Code Ann. § 80-6-1004 (2)(c). | Records consisting solely of juvenile court nonjudicial adjustments can be expunged upon petition after the person turns 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 80-6-1005(1). | Records relating to a Class B or Class C misdemeanor traffic conviction can be expunged. Utah Code Ann. § 77-40a-305(3). | Records relating to a cannabis possession conviction can be expunged if the cannabis in question was is an amount to medicinally treat the qualifying condition described in Subsection (4)(a). Utah Code Ann. § 77-40a-305(4), Utah Code Ann. § 77-40a-306(d). | Records relating to Class B or C misdemeanor traffic convictions can be expunged by the court. Utah Code Ann. § 77-40a-202. | Records relating to civil protective orders or a civil stalking injunction can be expunged by the court in certain circumstances. Utah Code Ann. § 78B-7-1003. | Records relating to certain felony convictions can be expunged by the court seven years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(ii). | Records relating to a Class B misdemeanor can be expunged by the court four years after sentence completion. Utah Code Ann. § 77-40-105(3)(c)(iv). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Arrests for violating probation or absconding from bail are ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a). | An arrest for violating probation or absconding from bail cannot be expunged. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a). | An arrest for violating probation or absconding from bail is ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01(a)(2)(A)(i)(a). | An arrest for violating probation or absconding from bail is ineligible for expungement. Tex. Code Crim. Proc. Ann. § 55.01. | See Utah Code Ann. §77-40a-302(2) for ineligibility. | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | The court may not vacate and seal a juvenile court record if the record contains an adjudication for murder or aggravated murder. Utah Code Ann. § 80-6-1002 (6). | A record containing an adjudication for aggravated murder and murder cannot be expunged. Utah Code Ann. § 80-6-1004 (4)(a).. | There is no statutory language regarding ineligible offenses. | There is not statutory language on ineligible offenses. | Utah Code Ann. § 77-40a-302 77-40a-303 for ineligible offenses. | The policy applies to Class B or C misdemeanor traffic convictions only. | There is no statutory language on ineligible offenses. | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | |
| Waiting Periods | The application can be made if the person is at least 21. | The application can be made if the person is at least 21. | The application can be made if the person is at least 31 years of age. | The petition can be filed immediately upon acquittal. | The petition can be filed 180 days after arrest. | The petition can be filed one year after the arrest. | The petition can be filed three years after the arrest. | The petition can be filed at any time upon the prosecutor's certification. | The person may apply for a certificate of eligibility for expungement 30 days after the arrest. The Bureau of Criminal Identification shall issue a certificate of eligibility on an expedited basis to a person who is acquitted on all charges. | The petition can be filed 10 years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | The petition can be filed five years after conviction or release from incarceration, parole, or probation, whichever occurred last. | There is no waiting period. | A petition can be filed after the person has reached the age of 18 and one year has elapsed from the date of termination of the continuing jurisdiction of the juvenile court or, if the person was committed to a secure youth corrections facility, one year from the date of their unconditional release from the custody of the Division of Juvenile Justice Services. The court can waive the waiting period if the court finds an appropriate reason for the waiver. Utah Code Ann. §§ 78A-6-1105(1)(a), (b). | A petition can be filed after the person has reached age 18 and has completed the conditions of the nonjudicial adjustments. Utah Code Ann. § 78A-6-1105(6)(a). | There is a 3- to 4-year waiting period. | There is no waiting period. | There is no waiting period. | There is a 3-year waiting period. | The petition can be filed seven years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | The petition can be filed four years after the conviction or release from incarceration, parole, or probation, whichever occurred last. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | Various fees may apply, see Tex. Code Crim. Proc. Art. 102.006. | Various fees may apply, see Tex. Code Crim. Proc. Ann. §§ 102.006, 103.02101. | Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006. | Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006. | Various fees may apply, see Tex. Code Crim. Proc. Ann. § 102.006. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | There is no statutory language regarding fees. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | There is no statutory language regarding fees. | There is no statutory language on fees. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | The fee for filing a petition for expungement is $135. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. |
| Effect | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | For information about which records can be destroyed if the record contains information about more than one person referred to a juvenile probation department, see Tex. Fam. Code Ann. § 58.263(c). For further information about the effect of destruction, see Tex. Fam. Code Ann. §§ 58.263(d)-(h). | The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Art. 55.03. | The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03. | The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03. | The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03. | The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The court shall order sealed all of the petitioner's records under the control of the juvenile court and any of the petitioner's records under the control of any other agency or official pertaining to the petitioner's adjudicated juvenile court cases, including relevant related records contained in the Management Information System created by Section 62A-4a-1003 and the Licensing Information System created by Section 62A-4a-1005. Utah Code Ann. § 78A-6-1114(2)(c). Upon the entry of the order, the proceedings in the petitioner's case shall be considered never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Utah Code Ann. § 78A-6-1114(4). | The agency or the official receiving the expungement order described in Subsection (3)(a) shall only expunge all references to the petitioner's name in the records pertaining to the petitioner's juvenile court record. Utah Code Ann. § 80-6-1004(3)(b). The agency or entity receiving the vacatur order shall only vacate all references to the petitioner's name in the records pertaining to the relevant adjudicated juvenile court incident. Utah Code Ann. § 80-6-1004(4)(b). "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. Utah Code Ann. § 77-40a-101(10). | The agency or the official receiving the expungement order expungement of all of the petitioner's records under the control of the juvenile court, an agency, or an official. Utah Code Ann. § 80-6-1005(3). The agency or the official receiving the expungement order shall expunge only the references to the individual's name in the records relating to the petitioner's nonjudicial adjustment. Utah Code Ann. § 80-6-1005(4)(b). "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. Utah Code Ann. § 77-40a-101(10). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | Records for the traffic offenses shall be deleted without a court order or notice to the prosecuting agency. Utah Code Ann. § 77-40a-202. | Upon entry of an expungement order by the court the the civil order is considered to never have occurred and the petitioner may reply to an inquiry on the matter as though there was never a civil order. Utah Code Ann. § 78B-7-1004. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. |
| Remedy | Delete | Delete | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
