When a person in Utah is accused or convicted of a crime, he or she may incur a criminal record. This can be very damaging when it comes to finding housing, seeking a job and in other circumstances as well. Fortunately, in some circumstances an individual’s criminal record can be expunged. What does this mean?
When a criminal record is expunged, information regarding the individual’s arrest, the subsequent investigation and the conviction, if there is one, is no longer available to the general public. The Utah Expungement Act lays out the circumstances in which an individual’s records can be expunged both if there is no conviction and the circumstances in which an individual’s records can be expunged if there is a conviction.
If a person is not convicted of a crime, there are certain elements that must be met for expungement to occur. First of all, 30 days or more must have passed since the individual was put under arrest. In addition, there must not be any case pending regarding the arrest. In addition, either no charges must have been filed, the individual’s case must have been dismissed with prejudice, the individual was acquitted or the statute of limitations has run.
If a person has been convicted of a crime and wishes to have his or her records expunged, there are a number of criteria to be met. First of all, if the individual was required to pay any sort of restitution, fines and interest, these must be paid in full before that individual’s record can be expunged. In addition, except in the case of an individual receiving a pardon for the crime, certain crimes are ineligible for expungement. These crimes include violent felonies, felonies in the first degree and capital felonies. In addition, felony drunk driving, automobile homicide and sex crimes that require an individual to register as a sex offender are not eligible for expungement.
Whether or not a person’s criminal record can be expunged is something to consider discussing with an attorney, as this post is for informational purposes only. Especially when it comes to federal offensesand violent crimes , having legal representation throughout the criminal trial process and beyond can be essential to reaching a fair outcome.