Paul Horton: Expungements and Record Sealing

Being convicted of a crime can have long-lasting effects on your future. Employment opportunities are extremely limited for individuals with a criminal record. In addition, depending on the conviction, your housing options may be limited.

Similarly, in your personal life, the social stigma of having a conviction on your record may make you feel isolated.

Although these repercussions may be permanent, they do not have to be. Expungement is an option for many individuals with a criminal conviction on their record. It can offer you a new lease on life and get you back to where you were prior to your conviction.

However, due to the complications accompanying an expungement, it is in your best interest to work with an experienced lawyer familiar with the process.

Expungement Information Center

Expungement Defined by Utah Code
How to Expunge your Record in Utah
Qualifying for Expungement in Utah
Individuals Barred from Expungement
Benefits of Expunging your Record

Expungement Defined by Utah Code

Utah Code §77-40-102(8) defines expungement as a way to seal or restrict access to a petitioner’s record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction.

How to Expunge your Record in Utah

To begin the process of expunging your record, you must first apply to the bureau for a certificate of eligibility and pay an application fee. If the certificate of eligibility is approved for expungement, you must pay an issuance fee.

This certificate must then be filed with a petition for expungement in the court where proceedings occurred or in the district court where the arrest occurred if the proceedings court no longer exists.

A copy of the petition must be delivered to the prosecutorial office, or to the county attorney’s office where the arrest occurred if there were no court proceedings. If the petition is objected, a hearing will be set forth by the court. If the petition is not objected an expungement may be granted.

Qualifying for Expungement in Utah

To qualify for expungement, an individual must have paid all fines, interest, and restitution ordered by the court and all restitution.

In addition, a person must also comply with the required waiting period for each conviction which they intend to expunge. These waiting periods will vary based on the severity of the conviction. Required waiting periods for expungement are as follows:

Misdemeanor convictions in Subsection 41-6a-501(2) or felony convictions in Subsection 58-37-8(2)(g) require a ten years;
Felony conviction- seven years;
Class A misdemeanor or a felony drug possession offense- five years;
Class B misdemeanor- four years; or
Any other misdemeanor or infraction- three years.

Individuals Barred from Expungement

Not everyone with prior convictions is eligible for expungement. Certain violent offenses or sex crimes will not qualify for expungement. The following convictions will bar an individual from expungement:

A capital felony;
First-degree felony;
Violent felonies;
Felony automobile homicides;
Felony violations of Subsection 41-6a-501(2);
A registerable sex offense as defined by Subsection 77-41-102(17);
A criminal proceeding is pending against an individual; or
The petitioner intentionally or knowingly provides falsified information or provides misleading information on the application for eligibility.

Benefits of Expunging Your Record

Expungement can be extremely beneficial for individuals with prior convictions. Expunging your record means that your criminal record will not be visible to the public.

In addition, you may also be open to more housing and education opportunities which would previously require disclosure of a criminal record. Employment opportunities previously requiring disclosure of a conviction may also open up for you.