Expunge Criminal Record
Expunge Your Utah Criminal Record
Your criminal history may be holding you back from pursuing certain educational opportunities or from applying for certain jobs. Or you may simply not want others to know you have been convicted of a criminal act and have a criminal record. No matter the reason, you may want to have your criminal record expunged.
Expunging your criminal record will give you the chance to start over and seek opportunities you may have missed out on. However, the process to expunge a criminal record has many requirements that must be followed specifically. Additionally, you may be required to have a hearing if the prosecution or victim object to the expungement. It will be highly beneficial to hire someone who has knowledge on the criminal record expungement process.
Salt Lake City Criminal Record Expungement Attorney
Darren Levitt of Levitt Legal can help you find out if you’re eligible to expunge your criminal record in Salt Lake City, Utah, and will advise you through the expungement process, including a hearing, if necessary. Darren Levitt is experienced with Salt Lake City’s judicial system, and is knowledgeable about Utah’s criminal record expungement laws. Call the law office of Levitt Legal at (801) 455-1743 for a consultation today.
Salt Lake City Expunge Information Center
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Effect of Criminal Record Expungement
The Utah Expungement Act provides for the rules and procedures governing expungement of criminal records in Utah. An order from the court to expunge a record will seal the official record, and make the record unavailable for the public to view. If someone requests a criminal record from a governmental agency, the agency will respond to the request as if the arrest did not occur. However, certain governmental officials will still be able to view a criminal record after it has been sealed, and in certain cases, the record can be unsealed.
Utah law does permit the disclosure of a criminal record that has been expunged to the following agencies and in the following situations:
- The Board of Pardons and Parole
- Peace Officer Standards and Training
- Federal agencies
- The Division of Occupational and Professional Licensing
- The State Office of Education
- For evidence in subsequent felony trials
- For judicial sentencing
- For use in civil actions
Expungement of a criminal record is actually a civil proceeding, even though the records to be sealed are criminal records, the Petition for Expungement is filed where the criminal case was filed, and the procedure is governed by Utah’s criminal code.
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Procedure to Expunge Your Criminal Record in Utah
If someone is eligible to expunge their criminal record, they have to follow specific instructions as set forth in the Utah Expungement Act, codified in Chapter 40 of Title 77 in the Utah Code.
The procedure for expunging a criminal record is set forth in Utah Code § 77-40-103. A person who wants to expunge their criminal record must first obtain a Certificate of Eligibility from the Bureau of Criminal Identification and pay an application fee. The Bureau of Criminal Identification will perform a record check to make sure the applicant meets eligibility requirements.
Once the ex-offender has been deemed eligible to apply for an expungement, their attorney will file a Petition for Expungement with the court. The Certificate of Eligibility is only valid for 90 days, so the Petition should be filed immediately. The attorney will also provide notice to the prosecutor, who will then give notice to the victim of the criminal offense. Once the prosecutor and victim have received notice, they can make an objection to the expungement. If an objection is made, a hearing will be held to determine if the record should be expunged. If no objection is made, the expungement will be granted by the court.
The person applying for the expungement must wait certain time periods before they can have their record expunged following the completion of the offender’s sentence. The waiting period to expunge a criminal record is as follows:
- Class C Misdemeanor or Infraction – 3 years
- Class B Misdemeanor – 4 years
- Class A Misdemeanor – 5 years
- Misdemeanor DUI – 10 years
- Any Felony – 7 years
Situations where a case was dismissed with prejudice, the alleged offender was acquitted at trial, the statute of limitations expired, or the prosecutor declined to file charges may be expunged after 30 days if no other arrests were made in that time.
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Who is Eligible Expunge Their Arrest Record
Under § 77-40-105 of the Utah Code, you may be eligible to expunge your criminal record if you meet the following requirements:
- You have not previously been convicted of two or more felony convictions;
- You have not been convicted of three or more class A misdemeanor convictions;
- You have not been convicted of four or more class B misdemeanors;
- You have not been convicted of five or more convictions of any degree;
- You do not have any current criminal proceedings against you or are being investigated for any offenses;
- No false or misleading information was provided by you intentionally or knowingly on your expungement application;
- All fines and interest to the court have been paid in full; and
- Any restitution has been paid.
You are NOT eligible to have your record expunged if pled guilty, were found guilty or pled no contest to any of the following offenses, including, but not limited to:
- Capital Offenses
- First Degree Felonies
- Violent Felonies
- Automobile Homicide
- Felony DUI
- Registerable Sex Offense
Juvenile offender may expunge their criminal records if they are at least 18 and at least one year has passed since they were released from detention or the juvenile court no longer has jurisdiction over the offender.
It is important to seek the advice of a knowledgeable attorney in criminal record expungement in order to find out if the details of your particular situation meet the eligibility requirements.
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Benefits of Expunging Your Criminal Record
Expunging your criminal record will provide many offenders with an opportunity for a clean slate for a mistake they made in the past. A few of the most common benefits of expunging a criminal record are:
- A criminal record is no longer available to be viewed by the public;
- No required disclosure of a criminal record when applying for certain jobs;
- No required disclosure when applying for housing; and
- No required disclosure when applying for certain types of education.
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Resources in Salt Lake City for Expunging Your Record
Utah Expungement Act – This link is to the Utah Expungement Act, codified in Chapter 40 of Title 77 of the Utah Code. The Expungement Act governs all criminal record expungements in Utah and explains the process, requirements and eligibility.
Utah State Courts – The website of the Utah State Courts provides information regarding all of the state courts in Utah. This link is to information pertaining to expungement of records in the state, including adult and juvenile records, criteria, procedure and other expungement resources.
Utah Department of Public Safety – This link is to the Bureau of Criminal Identification’s site, which provides information on expunging a criminal record in Utah. The Bureau of Criminal Identification provides the Certificate of Eligibility to those eligible to expunge their criminal record. The location to apply for a Certificate of Eligibility is located at:
Utah Department of Public Safety
Bureau of Criminal Identification
3888 West 5400 S.
Salt Lake City, Utah 84118
Phone: (801) 965-4445
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Levitt Legal, PLLC | Salt Lake City Criminal Record Expunging Lawyer
Contact Darren Levitt of Levitt Legal today for a consultation about whether you are eligible to expunge your criminal record in Salt Lake City, Utah. It is important to hire an experienced criminal defense attorney to assist you in following the expungement process requirements and help you obtain all the necessary information. Contact Levitt Legal at (801) 455-1743 for a consultation about whether you are eligible to expunge your criminal record in Salt Lake County and the surrounding counties, including Box Elder, Tooele, Utah, Cache, Weber, Summit, Davis and Wasatch Counties in Utah.