Utopia is for everybody, regardless of what they've done or will do.
Apart from the few that the X-Men have placed in the X-Brig statis, the following questionables are roaming free on the island:
Legion (though a solicit seems to indicate that he's in the brig)
Toad, Bliss, Dragoness, and Litterbug even attempted a terrorist act while on the island, and they were punished with a brief scolding and then a party.
Gambit's latest acts include rescuing Xavier and Rogue, which puts him on the positive side.
I think Angel is still totally peezed about the whole "gambit forming the Marauders , and then the Marauders totally destroyed his Angel wings, thing". But hey, let bygones be bygones doncha think.