How Can I Get My Utah Criminal Record Expunged?

 Posted on January 10, 2025 in Criminal Defense

A criminal record can affect many areas of your life long after you have served your time. It can present a challenge when you are applying for a job, an education, or even housing. Certain types of criminal records are eligible for expungement, which would mean they would be removed from the public record and would not cause those challenges. To understand whether you are eligible for this legal clean slate, speak with a qualified Salt Lake City, UT criminal defense lawyer who can review your case and explain your options.

Who is Eligible for Expungement?

Just because you want your record expunged does not mean that it will happen. Not all convictions are eligible for expungement and even the ones that are can only be expunged if certain conditions are met.

First, it is important to understand the types of records that can be expunged. Sex crimes and violent offenses are typically not eligible, but less severe crimes like theft or drug possession might be. It is fairly simple for a criminal defense lawyer to review your case and let you know whether your record can be expunged.

Next, it is also important to understand when a record can be expunged. There are three main conditions that need to be met for an eligible offense to be granted expungement: timing, completion of sentence, and no new offenses.

Timing for Expungement

There is typically a waiting period after your conviction or release from prison before you can be eligible for expungement. The waiting period varies according to the type of crime. For example, misdemeanors can generally be expunged after a three-to-five-year waiting period, while felonies might be given a longer period.

Completion of Sentence

Before you request expungement, you need to complete every part of your sentence. That means you must complete any prison sentence, pay any fines, complete your probation period if applicable, and any other court-ordered conditions must be fulfilled before you can be considered eligible.

No New Offenses

If you are convicted for any new offenses during your waiting period, you will likely lose eligibility for expungement.

How Can I Get My Record Expunged?

If your conviction is eligible and you meet all the conditions listed above, you can file a petition for expungement with the court where your case was handled. In the petition, you can explain why you think you should be allowed to clear your record. You will likely need to provide documentation of your criminal history and proof that you completed your sentence.

Once your petition is filed, a judge will review your case. She might schedule a court hearing to discuss your petition. If so, you can attend the hearing and have an opportunity to explain why you think you deserve expungement. 

The judge will decide whether to deny or grant your request, and if she does grant expungement, your criminal record will be sealed and will now show up in most background checks. While your criminal history is not completely erased and will still be accessible to law enforcement and certain government agencies, it is hidden from public view and inaccessible to potential employers, landlords, academic institutions, and others who will run a background check on you.

Schedule a Free Consultation with a Davis County, UT Expungement Lawyer

If you are interested in getting your eligible criminal record expunged, an experienced Salt Lake City, UT criminal defense attorney can help you navigate the process. At Collins Rupp, P.C., we understand the long-lasting consequences that a conviction can have and we are dedicated to protecting your rights and helping you get a fresh start. Call us at 385-777-2753 to schedule a free consultation.