Salt Lake City Lawyers Who Understand How to Expunge a Criminal Record in Utah
What is 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. A record from any time in the past can be expunged if it meets the required qualifications (see below) whether it occurred six months ago, 20 years ago or even further back.
If an individual is successful in attaining an expungement of criminal records in Utah, he or she can proceed through life as though the criminal arrest or conviction never occurred. When applying for a job, a loan or a mortgage, or in any other situation that may require a background check, his or her criminal record will no longer appear.
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
If you have a criminal record of arrest, investigation, and/or detention for a crime but no conviction, you qualify for expungement if the following apply:
- The arrest was at least 30 days ago
- You have 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 does include a conviction, you may still qualify to have your records expunged. First and foremost, you must pay all fines, fees and restitution with interest. Afterwards, you are free to begin the Utah expungement process unless one or more of the following applies:
- You provided false or misleading information in regards to your eligibility for expungement
- You have a criminal case pending
- Your criminal record includes convictions 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
- A felony DUI
- A registerable sex offense
Protect your future. Talk to a lawyer today about obtaining an expungement.
The laws and processes surrounding record expungement are complicated. Only a qualified Salt Lake City criminal defense attorney can help you determine if you qualify, and help you navigate the obstacles and obtain documents such as the Certificate of Eligibility. To inquire about an expungement or to schedule your free consultation, call Larsen, Larsen, Nash & Larsen at 801-758-8728 or contact us online. Conveniently located in West Valley City, we represent clients throughout Salt Lake County and the surrounding areas of northern Utah, including Summit County and Davis County, and Wabash, Provo, Ogden and Park City.