A criminal record can create significant barriers in life, from difficulty finding employment to challenges in securing housing or applying for certain licenses. Fortunately, Utah law provides a path to expungement, allowing individuals to clear certain criminal charges from their records. Expungement offers a fresh start and the opportunity to move forward without the shadow of past mistakes. Here’s a step-by-step guide on how to expunge a criminal record in Utah.
Determine Eligibility for Expungement
The first step toward expunging a criminal record is determining whether you are eligible. Utah law allows expungement of both arrest records and convictions under certain conditions.
- Arrest Records: If you were arrested but not charged, acquitted, or the charges were dismissed, you may be eligible to expunge your arrest record.
- Convictions: If you were convicted, the timeline for eligibility depends on the severity of the offense. You must complete all sentencing requirements, including fines, probation, or jail time, and then wait for a designated period before applying for expungement:
- 10 years for felonies or a felony DUI.
- 7 years for Class A misdemeanors.
- 5 years for Class B misdemeanors.
- 3 years for Class C misdemeanors or infractions.
Certain serious offenses, such as capital offenses, sexual offenses, and some violent crimes, are not eligible for expungement. It’s crucial to review the specific details of your case with a qualified attorney to confirm eligibility.
Request a Criminal History Report
Once you’ve determined your potential eligibility, the next step is to request a copy of your criminal history report. This report is available through the Utah Department of Public Safety’s Bureau of Criminal Identification (BCI). The report will detail all the charges and convictions on your record, helping you confirm the types of offenses eligible for expungement.
Obtain a Certificate of Eligibility
The next step is to apply for a Certificate of Eligibility from the BCI. This certificate is necessary for filing an expungement petition in court. The application process involves submitting a fee, completing the required forms, and waiting for approval. The BCI will conduct a thorough review of your record to ensure you meet all the legal requirements for expungement.
It typically takes a few weeks to receive the certificate. If your request is denied, BCI will explain the reason, allowing you to address any outstanding issues before reapplying.
File a Petition for Expungement
Once you have the Certificate of Eligibility, you must file a petition for expungement in the court where the charges were originally filed. Along with the petition, you’ll submit the certificate and pay any filing fees. The court will review your request and schedule a hearing to determine whether expungement is in the best interest of justice.
Attend the Expungement Hearing
In some cases, the court will grant an expungement without a hearing, but many cases require a court appearance. During the hearing, the judge will consider factors such as the nature of the offense, your rehabilitation efforts, and how the expungement will benefit you. Having legal representation from an experienced attorney, like those at TR Spencer & Associates, can improve your chances of a successful outcome.
Seal the Record
If the court grants the expungement, the final step is to ensure all records are properly sealed. The court will notify various agencies, including the BCI, the arresting police department, and any other relevant entities. These agencies are then required to seal or remove the expunged information from their records. Once sealed, the record is no longer accessible to the public, and you are legally allowed to deny the expunged charges when asked on applications or during interviews.
Why Seek Legal Help?
Navigating the expungement process can be complex, and one misstep could delay or derail your fresh start. Partnering with a skilled attorney can help ensure that all necessary steps are followed correctly, maximizing your chances of a clean slate.
At TR Spencer & Associates, our experienced attorneys understand the intricacies of Utah’s expungement process. We will guide you through each step, advocating for your rights and providing personalized legal support to help you move forward with confidence.
Contact us today to discuss how we can help you clear your criminal record and begin your new chapter.