While some individuals will be eligible for automatic expungement, individuals with certain types of misdemeanors or felony records will not qualify and must go through the court based process or obtain a pardon. Utah's Expungement Act sets forth the rules for expunging criminal records under Utah law.
Utah's “Clean Slate” law was implemented on February 10th 2022 and the Utah Courts began the process of automatically expunging qualifying misdemeanor records.
To get a plea in abeyance agreement, you have to negotiate with the prosecutor and convince him or her to offer it. A judge cannot order a plea held in abeyance without consent from the prosecutor. This offer is not offered freely by prosecutors.
In March 2019, Utah lawmakers unanimously passed HB 431, Utah's Clean Slate law, which automatically clears qualifying misdemeanor records.
Once entering into a plea in abeyance, a person is bound by the agreed upon conditions. The case will show up as a conviction record until the person successfully completes the terms, at which point charges will be dismissed.