Record Expungement
Few people enjoy having a criminal record, especially when good opportunities for work or housing can already be hard to find. Luckily, Utah offers record expungement, which can wipe the slate clean and let you get on with your life. Unfortunately, expunging your records still requires a lengthy process. That’s why we’re here.
With 100+ years here in Salt Lake, our attorneys know how to provide the service you want while also achieving the results you deserve. Our highly qualified lawyers aggressively preserve your quality of life by tackling the legal components so you can focus on more important things.
We can help you with your Utah record expungement. Call 801.980.9965 today for a free case review.
What is Record Expungement?
Record expungement is the process of having your criminal record sealed from public view. It doesn’t erase your arrest or conviction, but it does mean that no one except certain government officials can see your record. As far as the public is concerned, the arrest, detention, criminal investigation, or conviction never happened.
Benefits of a Records Expungement:
- An Expunged record will still exist but it will be sealed
- You can say you have not been convicted of a misdemeanor or a felony on job or housing applications
- Expungement does not restore civil rights, as those are usually restored through pardons.
A sealed record still exists, it is not deleted but it’s no longer publicly accessible in the same way as a normal criminal record.
Record Expungement Eligibility
Want to have your records expunged, but don’t know if you qualify? Utah law allows certain arrests and convictions to be expunged if specific statutory requirements are met. Eligibility depends on the outcome of your case, the type of offense, your criminal history, and how much time has passed since the case was resolved.
If you were not convicted, a record of arrest may be eligible for expungement if:
- No charges were filed
- You were acquitted (and are generally eligible to apply immediately)
- Your case was dismissed (Must wait 60 days after dismissal)
- At least 30 days have passed since the arrest
- You are not currently facing any other criminal charges
If you were convicted, you may become eligible for expungement after completing all terms of your sentence — including probation, parole, payment of fines, and restitution — and after the applicable waiting period has passed. Under Utah Code §77-40a-303, the waiting periods generally include:
- Certain misdemeanor DUI convictions under Utah Code § 41-6a-501(2): 10 years
- Certain older felony controlled substance vehicle offenses involving serious bodily injury or death: 10 years
- Most eligible felonies: 7 years
- Felony drug possession offenses: 5 years
- Class A misdemeanors: 5 years
- Class B misdemeanors: 4 years
- Class C misdemeanors and infractions: 3 years
Not all offenses qualify for expungement. Contact the Wasatch Defense Lawyers to review your record, determine your eligibility, and guide you through the expungement process.
Utah law bars expungement of:
- Felony DUI
- Automobile homicide
- Registerable sex offenses
- Capital felonies
- First-degree violent felonies
How to Expunge Your Criminal Record in Utah
If you want to expunge your record, you need to get a Certificate of Eligibility from the Utah Bureau of Criminal Identification. They check to make sure you qualify, which can take a long time, and then issue the Certificate of Eligibility if you do. Once you receive the certificate, you need to file a petition at the court where your case was originally heard.
Even though expungement applies to criminal charges, the petition itself is handled as a civil process. The court typically reviews your eligibility, verifies the required certificate, and issues an expungement order if all statutory requirements are met. Working with an experienced attorney can help ensure the process is completed correctly and efficiently. Our team provides personalized guidance and leverages years of experience to help you move forward with confidence.
