Being added to the Utah white-collar crime registry is not a pleasant experience. Defendants often find it very embarrassing to be on a public list of people convicted of crimes. However, Utah maintains this registry as a way of protecting the public from white-collar crimes. Being added to the list can interfere with your financial dealing as well as your employment prospects. Being removed from the list is not very easy, but it is not impossible. Read on to learn more about Utah’s white-collar crime registry from the professional Salt Lake City white-collar crime lawyers at Overson & Bugden.
What is Utah’s White-Collar Crime Registry?
In the state of Utah, people convicted of certain white-collar crimes will be added to a public registry. The registry can be found under § 77-42-101 of the Utah Code of Criminal Procedure. Being on the registry may feel like an act of public shaming, as anyone can go online and look up your name on the registry. However, registries like this are for public protection. Potential employers or anyone financially involved with a defendant can look them up on the registry and learn about the defendant’s shady past. It also acts as a deterrent for would-be white-collar criminals.
The white-collar registry is a tool to warn the public about potentially dishonest or untrustworthy individuals. By placing offenders on a public registry, people can avoid those who have committed white-collar crimes in the past, making it more difficult for them to commit white-collar crimes in the future. For example, if someone was convicted of insurance fraud, a new insurance company could find this person on the public registry and choose to decline their business. While this makes life harder for the registered offender, it helps potential victims avoid being victimized.
What Crimes are Registerable Offenses in Utah?
Not every crime of fraud is eligible for the white-collar registry. However, the categories of registerable offenses cover a wide array of white-collar crimes:
- Securities fraud
- Theft by deception
- Unlawful dealing by a fiduciary
- Insurance fraud
- Mortgage fraud
- Money laundering
- Patterns of unlawful activity if one of the activities that establish the pattern is one of these listed offenses
This list only applies to offenders who were convicted after December 31, 2005. Any convictions before this date will not be included on the registry. The registry also does not include offenders who have complied with all court orders at the time of their sentencing, paid all court-ordered restitution to any victims, and have avoided conviction of any other registerable offenses.
Consequences of Being on Utah’s White-Collar Crime Registry
In addition to any other penalties associated with their conviction, such as prison time or probation, convicted defendants may face some collateral consequences of being on the white-collar crime registry in Utah. Being included on any criminal registry is not something most people are proud of. It can be a significant source of embarrassment when friends, family, and people in your community find out you are on the registry. However, being on Utah’s white-collar crime registry can cause other problems as well.
The white-collar crime registry is available to the public. This means that anyone can search the registry and find your name and information about your conviction. Besides being incredibly embarrassing, this could cost you job opportunities and interfere with your finances. Any employer who performs a background check is likely to come across your name on the registry. When they realize you have been convicted of a crime involving fraud or dishonesty, they are less likely to hire you. Not only that, but if you need a loan for a major purchase, such as a home or a car, the bank that would issue you the loan may choose to decline you when they see you on the white-collar crime registry.
White-collar crimes typically require dishonesty and deception in order to be completed. People who are convicted of these crimes may be perceived as untrustworthy people. As such, employers may not want to hire you, banks may not want to do business with you, businesses like credit card companies may turn you down, and your life can be made much more difficult.
How Long Is Someone on Utah’s White-Collar Crime Registry?
Your status as a registered white-collar offender is not necessarily permanent. According to § 77-42-106 of the Utah Code of Criminal Procedure, an offender will be required to register with the white-collar crime registry for 10 years when they are convicted of a first offense. A second conviction will result in another 10-year registration period. However, once you are convicted of a third offense, you will be required to register for life.
The registration period may seem a bit harsh. An offender can expect to be on the registry for at least an entire decade. However, if certain conditions are met, an offender can petition the court to be removed from the registry early. A registered offender may petition the court for removal if:
- At least five years have passed since the offender completed their sentence
- The offender completed all court-ordered treatment
- The offender has not been convicted of another crime, not including traffic violations, but including DUIs
- All restitution has been paid to any victims
- Victims have been notified of the petition for removal, and
- The offender has not been found civilly liable in a case involving fraud, misrepresentation, deceit, breaches of fiduciary duty, or misuse of funds
Our Salt Lake City criminal defense lawyer can guide you through the process of petitioning the court for removal from the white-collar crime registry.
Contact our Utah White-Collar Criminal Defense Attorney
If you were convicted of a white-collar crime and now must register with the Utah white-collar crime registry, or you have been registered and wish to petition for removal, please contact our Park City, criminal defense attorney. You can reach Overson & Bugden at (801) 758-2287 to schedule a free and confidential legal consultation.
