A criminal record can cause undue hardship for a person seeking certain employment of public benefits. Regardless of how many years have passed since a crime was committed, any criminal charge can cause problems later on in life.

In the state of Utah, a person can expunge the records of his or her arrest, investigation, detention and (if applicable) conviction for a crime. Expunging a person's record does not change his or her criminal history, but it does seal his or her record so that the public cannot view the criminal record.

Under Utah Code § 77-40-104, a person who was not convicted of the crime he or she was arrested for can petition for expungement if at least 30 days have passed since the arrest, there are no criminal cases pending, and one of the following occurred:

No charges were filed
The entire case was dismissed with prejudice
The person was acquitted at trial on all of the charges contained in the case
The statute of limitations has expired on all of the charges contained in the case

A person cannot petition for expungement if:

The conviction was a capital felony, first degree felony, violent felony, felony automobile homicide, felony driving under the influence (DUI), or a registerable sex offense
A criminal proceeding is pending against the person
The person intentionally or knowingly provides false or misleading information on the application for a certificate of eligibility
The person's criminal history, including previously expunged convictions, contains any of the following:
Two or more felony convictions
Any combination of three or more convictions (other than drug possession offenses) that includes two class A misdemeanor convictions
Any combination of four or more convictions (other than for drug possession offenses) that includes three class B misdemeanor convictions
Five or more convictions (other than for drug possession offenses), excluding infractions and traffic offenses

In order to obtain expungement, a person needs to have fully paid all fines and interest ordered by the court as well as all restitution ordered by the court or the Board of Pardons and Parole. The person seeking expungement will also have to wait until the following times have elapsed since his or her completion date, depending on the classification of the conviction:

10 years - Misdemeanor DUI conviction under Utah Code § 41-6a-501(2) or a felony controlled substance conviction under Utah Code § 58-37-8(2)(g)
Seven years - Felony
Five years - Any class A misdemeanor or a felony drug possession offense
Four years - Class B misdemeanor
Three years - Any other misdemeanor or infraction

A person can handle the steps to get his or record expunged without having legal representation, but it may be helpful to work with an attorney if a prosecutor or victim files an objection to the petition or the court schedules a hearing.

Darren Levitt is a Salt Lake City criminal defense trial attorney at Levitt Legal, PLLC. He helps clients expunge records throughout Salt Lake County, Box Elder County, Tooele County, Weber County, and surrounding communities.

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