• 27
  • June
    2011

Rehabilitation is an influential theme in United States criminal jurisprudence - the idea that with support, criminals can overcome their previous disposition toward unlawful behavior, and become a productive, contributing member of society.

In the 1950s, professional circles in the U.S. began discussing the concept of expungement - the elimination (usually by destruction or sealing) of a particular criminal record or conviction to allow defendants to live as if the crime or arrest had never happened.

This is important simply because criminal records can stand in the way of getting a job, an education, or renting a place to live.

The Utah Expungement Act

In 1978, Utah passed its first expungement laws. Initially, the Utah expungement process was generous and lenient, with expungement being relatively easy to get for a broad class of criminals. However, the Utah Expungement Act has been since amended and today is a bit more rigid.

Expungement Eligibility in Utah

Today, adults in Utah may petition to expunge - Utah's choice is to seal - both criminal records where there was no conviction (arrest, investigation and detention, collectively "arrest records"), or conviction records (after trial, or after pleading guilty or no contest).

Presently, defendants are potentially qualified for a certificate of eligibility for expungement of arrest records where there was no conviction if all of the following conditions are met:

  • A minimum of 30 days has passed since the arrest
  • No further arrests have occurred
  • The arrest resulted in no charges, dismissal with prejudice or acquittal after trial, or the deadline for charging has passed

Defendants are "entitled" to a certificate of eligibility for expungement of conviction records for any crime pardoned by Utah Board of Pardons and Parole.

Is Expungement Available for You? Consult a Utah Attorney

If you or someone you know has a Utah criminal record and would like to explore whether expungement of the arrest or conviction is possible, consulting with an experienced Utah criminal defense attorney is recommended. Your lawyer can review the facts of the situation and talk with you about options available under the law.