If you were arrested or convicted of a crime, you likely want to have your record expunged and sealed if you can. Unfortunately, expungement does not mean that your criminal record is completely extinguished. However, this process prevents a member of the public from searching for or duplicating your arrest or conviction record. There are various benefits to having your record sealed. If you or a family member is interested in the expungement and sealing of a criminal record, you should consult with an experienced Salt Lake City expungement and record sealing attorney.
With over 16 years of legal experience, Darwin Overson is prepared to help you get your record expunged and sealed. Darwin has served residents in Salt Lake City and throughout Utah and would be proud to serve you. To schedule a free legal consultation, contact Overson Law’s attorneys at (801) 758-2287.
Requirements to Get Your Record Expunged
In Utah, you can have an arrest or conviction record expunged no matter when you were arrested or convicted. However, as mentioned above, expungement does not alter anything about your criminal history, but rather hides your history from the public. Once your record is sealed, only certain government officials or a Utah court can unseal the record under certain conditions.
Expunging and Sealing Arrest Records
If you were arrested for a crime but not convicted, you could request an expungement for the arrest, investigation, and detention for a crime under the following circumstances:
- 30 days have passed since you were arrested
- You do not have a criminal case pending
- One of the following events happened:
- Criminal charges were not filed against you
- Charges filed against you were later dismissed with prejudice (meaning they cannot be reinstated)
- The charges filed against you were later dismissed without prejudice
- You were acquitted of criminal charges at trial
- The statute of limitations to file charges against you has run
Expunging and Sealing Criminal Convictions
It is important to note that if you were convicted of a crime, not every type of conviction can be sealed. Additionally, you cannot begin the expungement process until you pay all criminal fines, court fees, and restitution owed to the victim of the crime you committed. This means if you owe fines on an old conviction, you cannot petition for expungement until they are paid off.
You cannot expunge criminal convictions for the following offenses unless you were pardoned for the offenses:
- Capital, first degree, or violent felonies
- Felony vehicular homicide
- A driving under the influence felony conviction
- A sexual offense that requires you to register as a sex offender
- Any registrable child abuse crime
There are also some factors that may prevent you from expunging a criminal conviction:
- You have a criminal case pending
- You provide the court with untrue or misleading information on your petition
- You were convicted of the following offenses in addition to the offense you want to be expunged:
- Two or more felonies (not including drug possession)
- Three or more crimes where two of those crimes are class A misdemeanors (not including drug offenses)
- Four or more crimes where three of those crimes are class B misdemeanors
- Five or more crimes of any grade
- Three or more felonies for drug possession
- Five or more crimes for drug possession of any degree
Appellate Record Expungement
If you appealed your case to Utah’s Court of Appeals, you have to file a separate petition in order to expunge those records. This petition must still be filed even if the trial court granted you an expungement. Unfortunately, Utah does not provide exact guidelines to file a petition with their Supreme Court. However, an experienced Utah criminal lawyer can help you with the process.
A petition to expunge appellate records must be directed to Utah’s Supreme Court. Additionally, you must have an order from Utah’s district court that certifies that their trial court records were expunged before you can submit to Utah’s Supreme Court. If your petition is successful, the appellate court will:
- Seal all appellate court records and any accompanying appellate briefs
- Redact the opinion of the appellate court
- Inform legal sites like LexisNexis and Westlaw of the redacted opinion so they may update their records
Get Help from an Experienced Utah Criminal Defense Attorney
If you are wondering whether you qualify for a record expungement and sealing, you should contact an experienced Utah criminal defense attorney today. At Overson Law, we are dedicated to providing you with legal representation that is catered to your needs. To schedule a free legal consultation to discuss record expungement, contact Overson Law at (801) 758-2287.
