• 28
  • July
    2011

Not every person, unfortunately, can obtain an expungement in Utah. Understanding the circumstances when an expungement will be granted is important.

Defendants may not get a certificate of eligibility for expungement of conviction records if any of the following conditions exist:

  • The conviction in question was for a capital felony, a first-degree felony, a violent felony, an automobile homicide, certain drunk-driving felonies or sex crimes requiring public registration
  • The defendant has a pending criminal proceeding or investigation in any jurisdiction
  • The defendant intentionally gives false information on the application
  • All fines, interest and restitution in the original matter have been paid
  • These time periods have passed from the latest of the dates of conviction, imprisonment, parole or probation:

Ten years for certain drunk-driving
and drug-related convictions

Seven years for felonies

Five years for class A misdemeanors

Four years for class B misdemeanors

Three years for any other misdemeanors
or "infractions"

Finally, Utah limits expungement opportunities for repeat offenders if the petitioner's criminal record, counting expunged convictions, includes multiple convictions of certain crimes in differing levels of severity from what's referred to as "separate criminal episodes."

To learn more about expungement eligibility and whether your circumstances apply, consulting with an experienced Utah expungement attorney is advised.