UTAH EXPUNGEMENT PROCESS

expungement

If you wish to have a past criminal record expunged, contact Jacob Gunter today!

Being a convicted of a crime has serious ramifications in your life. Utah has very generous laws concerning when you can get an expungement of your convictions or arrests. Expunging your Utah criminal convictions means erasing them from the public eye, where only government and law enforcement can see them. It does not erase the past, it just restrict who can see them and how you can answer questions regarding them.

Here is how and when you can expunge your Utah criminal convictions or criminal charges that did not lead to a conviction

(I). Expungement Criteria for Records of Crimes Without a Conviction. Utah Code Ann 77-40-104 details when a person qualifies to expunge charges, not guilty verdicts and arrests.

The criteria is as follows:

(1). At least 30 days have passed since the incident,
(2). There are no criminal cases pending, and
(3). One of the following occurred,
(A). No charges were filed.
(B). Charges were filed, but the case was dismissed with prejudice.
(C). Charges were filed, but the person was acquitted at trial; or
(D). The statute of limitations has expired.

(II). Expungement Criteria for Records of Crimes With a Conviction. Utah Code Ann 77-40-105 details the criteria for these types of expungements.

The following crimes can not be expunged.

(1). Offense carrying the death penalty or life imprisonment
(2). First degree felonies.
(3). A capital felony, first degree felony or violent felony as defined in Utah Code Section 76-3-203.5).
(4). Car homicide.
(5). Felony driving under the influence, or
(6). A registerable sex offense.

A person cannot expunge the following combination of crimes.

(1). The person has been convicted in separate criminal episodes of:

(A). Two or more felonies.
(B). Three or more crimes of which two are class A misdemeanors.
(C). Four or more crimes of which three are class B misdemeanors; or
(D). Five or more crimes of any degree other than infractions and the traffic offenses.

(III). Waiting Periods. The following are mandatory waiting periods before you can become eligible.

OFFENSE: TIME FROM DATE PERSON WAS CONVICTED OR RELEASED FROM INCARCERATION, PROBATION OR PAROLE, WHICHEVER OCCURRED LAST
Misdemeanor conviction of Subsection 41-6a-501(2)
Felony conviction of Subsection 58-37-8(2)(g) 10 years
Felony 7 years
Class A Misdemeanor 5 years
Class B Misdemeanor 4 years
Other Misdemeanor or Infraction 3 years

(IV). Process. Once you have waited the required time and your convictions fit, you will become eligible.

The rough process is as follows and time to process your application can vary. You should expect a four month wait to get your eligibility certificate.

(1). Get fingerprints. Any police station will work.
(2). File an application with the Utah Bureau of Criminal Identification.
(3). Obtain an Eligibility Certificate from the BCI.
(4). File a petition with the court that convicted you.
(5). Obtain consent of the prosecutor, or have the judge decide if your crimes should be expunged.
(6). Serve certified copies of the court order expunging your criminal convictions on all agencies that were involved. Jails, courts, prison, police agencies, etc.

(V). Benefits. When your criminal convictions are expunged can you truthfully answer questions about your criminal past as if they did not occur.

Call Provo attorney Jacob S. Gunter at Howard Lewis & Petersen, P.C. for a free consultation to see if your prior convictions can be expunged. (801) 373-6345.

Posted May 13th, 2016