Do You Qualify for an Expungement of Criminal Records in Utah?

Some people get in trouble with the law at some point in life. The problem is that a criminal record can have a significant effect on your entire life. Many of those who've had a brush with the law decide to turn their lives around. In order to carry this out, they need a "clean slate" so to speak. Obtaining an expungement can be the first step to starting over. Learn more about expungements and how you can determine if you qualify for this relief.

What Is an Expungement?

You may have heard of this term before, but really don't know what it's about. An expungement is a legal process that removes a criminal record from public records. In most cases, a court will grant an expungement for a case with alternate dispositions. In general, this means that the case cannot have resulted in a conviction. If you are unsure if your case falls into this area, consult with an experienced attorney for help.

What Is the Effect of Getting an Expungement?

Some people wonder whether it is worth it to go through the expungement process. In reality, there are some great benefits to seeing it through. Once the court expunges the record, the case information is sealed. This means that you are free to tell others that you were never arrested or convicted. This can be a benefit when you are applying to certain jobs. Yet, in some situations, the information may be viewed by certain government agencies. An experienced lawyer can help you determine when this is possible.

More On the Requirements

In Utah, there are some general requirements to meet when seeking an expungement. First, you need to wait 30 days following the arrest. The case disposition must also be a dismissal, acquittal or subject to an expired statute of limitations. Furthermore, all finds and fees related to the case must be satisfied. Finally, you cannot have any other criminal cases pending in the system.

There are some types of cases that expungements won't apply to. For example, any capital or violent felony cannot be expunged. The same holds true for sex or child abuse offenses. Vehicular homicides are yet another category of crimes that do not qualify. Utah Code section 77-40-105 contains additional qualifications. Again, due to the complicated nature of this process, it is best to work with an experienced lawyer.

For more information about obtaining an expungement in the state of Utah, contact us at thee law office of TR Spencer & Associates.