Posted by on 04/16/2018

How Criminal Record Expungement Works in Utah?

How Criminal Record Expungement Works in Utah?

A criminal record can set you off on the wrong foot when trying to get a job, a visa, a professional license, or even adequate housing. It can also prevent you from adopting and overseas travel. If you have a criminal record, your reputation at work and in the community will be tainted as well. At Hoyer Law Firm, we believe you have a right to better opportunities whether it is getting into college or getting a new job. Our Family Law Attorney Utah can help you get your life back with criminal record expungement.

What is the Utah Law on Expungement Cases?

There are several criminal records that are allowed expungement in the State of Utah. The Utah Expungement Act can seal or restrict access to criminal records such as detention, arrest, conviction, and criminal investigation. In essence, your criminal records may be hidden from an agency that can request records of criminal history. However, not all criminal records can be expunged. Furthermore, there is a limited number of times that records may be expunged in Utah as well as in other states. A Family Law Attorney Utah can advise you about expunging your criminal record to help you get a new beginning in life.

Benefits of Criminal Record Expungement Utah

Hiding criminal records can lead to better job opportunities.

You may be open for eligibility for government aid, housing assistance, and student loans.

You can be eligible to obtain professional licenses and certificates.

You no longer have to be embarrassed or afraid if anyone does a background check on you.

Cases that can be Expunged in Utah

Put the past behind you with the help of a Family Law Attorney Utah. In general, possible records that can be sealed or hidden include arrest record, conviction reduction, juvenile conviction, and an adult conviction. However, the criteria for a successful criminal record expungement depends on whether you were convicted or not. You may qualify for criminal record expungement if you were not convicted provided that:

You have no criminal cases that are pending.

It has been at least 30 days since the arrest.

The applicable statute of limitations expired.

You were acquitted at trial.

No charges were filed.

The case was dismissed with prejudice.

In the case of a conviction, you may still expunge criminal records of a conviction.Take note that you have to pay all fines, fees, restitution, and applicable interest before expungement application. You may also have to wait for a timeframe since the conviction, probation, parole or release from custody before you can apply for criminal record expungement. For misdemeanors, you have to wait for three years, class B misdemeanors (4 years), class A misdemeanors (5 years), felonies (7 years), and ten years for felonies involving controlled substances.

How People Find a Workaround on Sealed Cases

Take note that a criminal record expungement doesn’t completely remove the case from your records.Here are some ways a criminal record expungement can be revealed:

Employers- Some employment agencies may ask whether if a prospective employee ever had a record expunged. Your Family Law Attorney Utah can help you answer your employer in such case.

Professional Licensing- The Utah State Bar and some other professional licensing agencies are allowed to obtain an expunged record. If you are planning to take the Utah Bar, note that expungements do not apply in such case.

Non-US Citizens- Immigration officials may require information on your expungements. Make sure to tell your Family Law Attorney Utah if you are not a United States citizen. It is often advised that non-US citizens not have records expunged.

Cases that Cannot be Expunged

It should further be noted that not all cases are eligible for expungement. If you committed the following crimes, your application for expungement might be denied:

Violent Felony

Capital Felony

First Degree Felony

Vehicular Homicide

Registerable Sex Offense Cases

Felony DUI

You can contact a Utah DUI Attorney to check if your DUI case may be expunged from your criminal records. Other conditions wherein records may not be expunged in cases where you committed at least two felonies, 2 Class A misdemeanors, 3 Class B misdemeanors, and 5 or more infractions and traffic offenses in Section 77-40-102 of the Utah Code of Criminal Procedure.

How to Get a Criminal Record Expunged

Hoyer Law Firm attorneys can advise you if you are qualified for an expungement. Your lawyer will also help you get a certificate of eligibility from BCI. The Utah Bureau of Criminal Identification will conduct a background check on your criminal history and issue a certificate of eligibility in successful cases. Need a lawyer to help you with criminal record expungement? Check out Hoyer Law Firm of Utah at

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