Obtaining an expungement in Utah can be extremely valuable. Individuals who are granted an expungement for a particular crime is not held back from obtaining a job, seeking education, getting a place to live or simply being a productive member of society. Unfortunately, however, individuals should understand that certain crimes are never “completely” erasable.
In certain circumstances, due to the interest of public safety, government employees or officials can still access expungement records even after the record has been sealed.
Some of these circumstances include:
- During the new peace-officer admission process; sealed records of crimes affecting “moral character” and certain other disqualifying crimes are reviewable
- During a concealed gun permit application background check
- During a subsequent BCI consideration of a petition for a certificate of expungement eligibility
- In court sentencing proceedings
Particular officials will also be able to access expungement records. Some of these include:
- The Utah Board of Pardons and Parole, the Utah Division of Occupational and Professional Licensing, and the Utah State Office of Education (added following a horrific student abuse incident by a teacher with an expunged criminal record)
- The state via a petition for “good cause” if the original defendant is later charged with a felony
- A police officer sued for his or her participation in the original matter
- Anyone party to a lawsuit related to the original matter
Individuals in Utah interested in learning about whether their expungements is “completely” sealed should consult with an experienced Utah expungement attorney. A lawyer can assess the particular situation and circumstances.