What is an Expungement?
Expungement is the process of officially sealing an individual’s criminal record of arrest, investigation, detention, conviction, and sentencing. Sealed records cannot be viewed or copied by the public.
If an individual is successful in attaining an expungement, he or she can proceed as though the criminal arrest or conviction never occurred.
Criteria for Expungement in Utah
In order to achieve an expungement, an individual must meet certain qualifications. There are two sets of criteria, one for those with criminal records that do not include a conviction and another for those who have had a criminal conviction.
For those who have not been convicted
- The arrest was at least 30 days ago
- There are no criminal cases pending
- No charges were filed against you OR charges were filed against you but the case was dismissed, OR charges were filed against you but you were acquitted in trial, OR you are now outside the statute of limitations for the case.
For those who have been convicted
If you have a criminal record that resulted in a conviction, you may still qualify for an expungement.
All fines, fees, and restitution with interest must be paid.
None of the following can apply:
- You provided false or misleading information relating to your eligibility for expungement
- You have a criminal case pending
Your criminal record includes conviction of any of the following, in separate criminal episodes:
- Two or more felonies
- Three or more crimes at least two of which are Class A misdemeanors
- Four or more crimes, at least three of which are class B misdemeanors
- Five or more crimes of any classification other than minor infractions or traffic offenses.
Furthermore, without first attaining an official pardon, you cannot expunge any of the following criminal convictions under any circumstances:
- A violent felony, first degree felony, or capital felony
- Vehicular homicide
- Felony DUI
- A registerable sex offense
The laws surrounding record expungment can be complicated particularly if you are dealing with more than one criminal episode. Tangaro Law can help you determine if you qualify and assist you in navigating through the process to obtain the Certificate of Eligibility.
Contact Tangaro Law today to inquire about an expungement or to schedule your free consultation.
Cara Tangaro, Utah Criminal Defense Attorney