Expungement provides a pathway for Utah residents with criminal records to start anew. Before you file for expungement, it’s important to know what to expect from the process and how long it will be before you can reclaim your life.
Generally, how long you’ll have to wait before you can file for expungement in Utah depends on the particulars of your case. Individuals whose cases have been dismissed, or were acquitted of a crime, can generally file for expungement quickly. Some convictions delay the process for several years. All in all, filing for expungement after becoming eligible can take several months. Even if you have to wait years before being eligible for expungement, it’s wise to act fast and hire an attorney. Your Utah lawyer can begin the process as soon as you are eligible so you can successfully file for expungement.
Our lawyers are here to help individuals move forward with their lives and erase their criminal records. For a free case evaluation with the Salt Lake CIty expungement attorneys at Overson & Bugden, call today at (801) 758-2287.
How Long is the Utah Expungement Process?
When Utah residents file for expungement, they may not know what to expect. Expungement can be a long, complicated process, so it’s important to hire an attorney to successfully file for expungement as soon as you are eligible in Utah.
Before you can file for expungement, you’ll need to complete the application process. There are various forms individuals must complete in Utah and application fees associated with the process. Completing the necessary paperwork and filing it with the right agencies can be challenging for Utah residents. To ensure that your application is accurate, hire a Utah expungement attorney to guide you.
Utah residents have 180 days after filing an expungement application to inform the appropriate courts. Depending on the nature of the crimes you wish to erase from your criminal record, you may have to apply through the Utah Bureau of Criminal Identification (BCI). It takes about six months for the BCI to process expungement applications. Once your application is processed, a Utah court will need to hold a hearing to determine whether your petition for expungement will be granted.
Generally, it takes several months from an initial expungement application to the final erasure criminal records in Utah. To expedite the process and prevent any unnecessary delays, individuals should hire an experienced Utah criminal defense attorney for help.
Even if you’re beholden to a longer wait time before you can file for expungement, don’t hesitate to contact a lawyer. The sooner you can begin the process, the sooner you can erase your criminal record and move forward with your life.
How Long Before You Can File for Expungement in Utah?
Depending on the circumstances of your arrest and subsequent criminal trial, you may be able to file for expungement sooner than you anticipated. Currently, some Utah criminal cases dismissed with or without prejudice are eligible for fast expungement. Individuals acquitted of the charges against them can also generally file expungement right away. If you are convicted of a crime in Utah, you may have to wait several months or years before you can file for expungement.
Cases Dismissed with Prejudice
If the criminal charges against you were dismissed with prejudice, you might be able to file for expungement immediately if 30 days have passed since your arrest. When a case is dismissed with prejudice, it bars a prosecutor from refiling the same charges against you, even if other evidence surfaces. Under the Clean Slate Act, Utah plans to begin automatically expunging criminal records of individuals charged with certain misdemeanors. To learn more about whether or not you qualify for immediate erasure of your criminal record, reach out to a Utah expungement attorney.
Cases Dismissed without Prejudice
When a case is dismissed without prejudice, a Utah prosecutor can refile charges against you if additional evidence comes to light. However, individuals charged with certain misdemeanors whose cases are dismissed without prejudice in Utah can file for expungement 180 after dismissal. In some circumstances, Utah residents can file for expungement even sooner. That means you can clean the slate and erase your criminal record once the case against you is dismissed.
Acquitted Defendants
If you were charged with a crime, went through a criminal trial, and were acquitted in Utah, you can get your criminal record expunged right away. Generally, acquitted individuals in Utah can file for expungement if 30 days have passed since their arrest. Although you’ve been acquitted, the charges against you can remain on your criminal record. To gain agency over your life again, reach out to an Ogden criminal defense lawyer immediately after you’ve been acquitted of a crime.
Convicted Defendants
Even if you have been convicted of a crime in Utah, you may be eligible for expungement. Generally, there is a waiting period of three to ten years before individuals convicted of certain misdemeanors and felonies are eligible for expungement in Utah. It is important to note that some felonies are never eligible for expungement in Utah, regardless of how much time has passed since you’ve served your sentence.
If you were convicted of or pleaded guilty to a lesser offense, like a traffic violation, you might be eligible for expungement right away. Generally, how long it will be before you can file for expungement after a conviction in Utah will depend on the severity of the crime.
Arrests with No Convictions
If you were recently arrested for a crime in Utah but a prosecutor chose not to bring criminal charges against you, you can file for expungement almost immediately. Generally speaking, Utah residents can petition to expunge an arrest from their criminal record once 30 days have passed since the arrest or since a prosecutor chose not to bring charges.
Call Our Utah Attorneys to File for Expungement Today
If you wish to erase your criminal record, our lawyers can help. For a free case evaluation with the Layton criminal defense attorneys at Overson & Bugden, call today at (801) 758-2287.
