Expungement Attorneys in Utah
Expungement in Utah
Utah law allows for individuals with criminal records to have their records expunged through the Utah Expungement Act. Expungement is the legal term of destroying your criminal record and removing it from public view. Utah, like many other states, defines expungement only as closing your records off to the general public. The state does not actually destroy your records, and in some cases they may still be available for law enforcement purposes. Being granted an expungement does, however, allow you to legally deny your arrest and conviction history to potential employers, licensing agencies, and landlords.
In Utah, an arrest or charge that did not result in a conviction can be sealed quickly after the case is dismissed, dropped, or acquitted. In Utah, most first-time convictions can be sealed, though there is a waiting period depending on the crime.
- Alcohol related traffic offenses have a ten (10) year waiting period.
- Class A misdemeanors have a five (5) year waiting period.
- 2nd and 3rd Degree felonies have a seven (7) year waiting period.
- Multiple Class “A” or “B” misdemeanors have a fifteen (15) and twelve (12) year waiting period respectively.
- All other misdemeanors and infractions have a three (3) year waiting period.
Some crimes are not eligible for expungement in Utah:
- Violent felonies
- Legally declared habitual offenders
- Automobile-related homicides
- Felony driving under the influence
- Sex offenses
Also in Utah, if you have more than three (3) offenses that you wish to have expunged, or you have been convicted of more than one 2nd or 3rd Degree felony, you must have your conviction reduced and then expunged. Utah law allows you to reduce a conviction up to two (2) degrees.
For juvenile offenders, your records can be sealed if you are older than eighteen (18) years of age and at least one (1) year has passed since the final resolution of your case. Juveniles are not eligible to have violent felonies such as murder, or if their case was adjudicated in adult court, expunged.