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Salt Lake City Lawyers Who Have The Ability To Expunge A Criminal Record

What Is Expungement?

Expungement is the process of officially sealing an individual’s criminal record of arrest, investigation, detention, conviction, and sentencing. Sealed records cannot be viewed or copied by the public. A criminal record that occurred any time in the past, can be expunged if it meets the below-required qualifications.

In Utah, when an individual is successful in obtaining an expungement of criminal records, they can continue through life as though the criminal arrest or conviction never transpired. Although expunging a criminal record does not change history, your record will no longer appear when applying for a job, a loan, or in any other situation that may require a background check.

Expungement in Utah

An individual must meet certain qualifications in order to achieve an expungement. There are two sets of criteria, including one for individuals with criminal records that do not include a conviction and a second for those who have had a criminal conviction.

Criteria For Expungement Of Crimes Without A Conviction

If you have a criminal record of arrest, investigation, and/or detention for a crime but no conviction, you qualify for expungement if the following apply:

 

  • at least 30 days have passed since the arrest
  • there are no criminal cases pending and;
  • One of the following occurred;
    • no charges were filed,
    • no charges were filed, but the case was dismissed with prejudice
    • charges were filed, but the person was acquitted at trial; or
    • the statute of limitations has expired.

Criteria For Expungement Of Crimes With A Conviction

If you have a criminal record that does include a conviction, you may still qualify to have your records expunged. To expunge records of crimes with a conviction, the petitioner must first pay all fines, fees, restitution, and interest.

A person cannot expunge records of any conviction if:

  • You provided false or misleading information in regards to your eligibility for expungement
  • You have a criminal case pending
  • Your criminal record includes convictions of any of the following, in separate criminal episodes:
    • Two or more felonies
    • Three or more crimes, at least two of which are class A misdemeanors
    • Four or more crimes, at least three of which are class B misdemeanors
    • Five or more crimes of any classification other than minor infractions or traffic offenses

Unless a person has been pardoned for the offense, records of the following crimes cannot be expunged:

  • A violent felony, first-degree felony or capital felony
  • Vehicular homicide
  • A felony DUI
  • A registerable sex offense

Don’t Gamble With Your Future, Protect It. Talk To A Knowledgeable Lawyer Regarding An Expungement Today.

The laws and procedures involving record expungement are very complex. Rely on a qualified Salt Lake City criminal defense attorney to help you determine if you qualify.  We will assist you in overcoming any obstacles and help you obtain the correct documents, including the Certificate of Eligibility. To inquire about an expungement or to schedule your free consultation, call Larsen, Larsen, Nash & Larsen at (801) 964-1200 or contact us online.