A criminal record poses many challenges. Especially for someone applying for housing, a new job, or a professional license. As a result, people turn to expungement Utah.
What is Expungement?
The process of expungement “seals” a legal record of an arrest or criminal conviction. According to the law, it is erased. Similarly, this process can also be referred to as “setting aside”. It happens only with a court order. In most cases, criminal history won’t be visible to the general public.
More importantly, people with an expungement may continue with their lives as if the criminal arrest or conviction never happened. Although it does not change the past, the record is no longer visible where a background check may be required. For example, when applying for a loan, a job, housing, or a license.
The Process of Expungement Utah
There are many factors that affect the procedure and availability for getting a conviction or arrest expunged. For example, the county or state where the arrest and conviction occurred. It is not possible to get an expungement in some jurisdictions.
When a criminal record is expunged, it includes:
- Investigation
- Detention
- The Arrest Record
- Guilty Plea, Guilty Verdict and Conviction
The order of expungement applies to government agencies only. Additionally, it does not affect new arrests or convictions. Some government officials are able to view and copy sealed records. Likewise, under some conditions, the court can order these records to be unsealed.
Expungement Utah Requirements
There are certain requirements an individual must meet in order to achieve an expungement. The first set of criteria is for those with criminal records without a conviction. Secondly, a set for those with a criminal conviction.
Expungement of Record Without Conviction
If there has been no conviction, you can ask to expunge the record of investigations, arrest, and detention of a crime if:
- The arrest happened 30 days or more
- There are no pending criminal cases
- Charges have not been filed
- The statute of limitations expired
Expungement of Record With Conviction
Some, but not all criminal conviction records can be asked to be expunged. Consequently, before you start the process, all obligations attached to the conviction must be paid in full. Such as fees, fines, restitution, and interest.
There are criminal felony and misdemeanor conviction records that may be expunged in Utah. However, not every record will qualify for an expungement. If eligible, some waiting periods may apply.
The procedures and laws are very specific and complex. It is a long process with many necessary steps. For instance, getting a Certificate of Eligibility. Having an attorney to walk you through them is vital.
You can count on the law office of Larsen Larsen Nash & Larsen. Our team of qualified Salt Lake City criminal defense attorneys are at your service. We can help you determine if you qualify for expungement Utah. Also, our lawyers will be there for you handling documents and facing any obstacles. We can answer any questions about expungement. Call Larsen Larsen Nash & Larsen today (801) 964-1200 to schedule a free consultation.
