Mr. Eastman serves as the firm’s managing partner, and is licensed to practice law in California, Oregon, and Texas.
Sam has helped thousands of clients expunge, seal, and set-aside records across the country, and has a passion for criminal justice reform. Previously, Mr. Eastman represented a number of corporate clients, focusing on tax law, mergers and acquisitions, and a variety of corporate transactions.
Mr. Eastman earned his JD and LLM from the University of San Diego School of Law, and his undergraduate degree from the University of Oregon.
HOW TO EXPUNGE A UTAH CRIMINAL RECORD & RESTORE FIREARM RIGHTS
Don’t Let Your Past Hurt Your Future
If you have a criminal record in Utah, I’m sure you understand how frustrating it can be to have a criminal record. Whether you’re charged, convicted, or only arrested for a crime in Utah, a criminal record is created with the Utah Bureau of Criminal Identification (BCI) who then forwards these records to the FBI Criminal Justice Information Services Division, making your records available when you’re trying to get a job or something else that requires a background check.
This can make getting the job you want seem impossible. It can make living where you want out of reach. You may even have had some of your constitutional rights revoked like voting or owning a gun. Even though you’ve completed your sentence and moved on, mistakes from your past can follow you around for the rest of your life. Thankfully, Utah law provides a way for many to expunge arrests and convictions, as well as the ability to restore Second Amendment Rights.
Know Your Options
Utah generally allows quite a few people to expunge arrest records, misdemeanor convictions, and felony convictions. Utah is also fairly permissive in restoring firearm rights. On the service-specific pages linked above, we will go over information about both of these post-conviction remedies in more detail, covering both how to qualify for these remedies and what the effects are for each of them.
This Information is for You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take the test and then schedule an appointment to discuss your results and options.
Advantages of Expungement
Expungements in Utah often allows you to legally state that you were not arrested, have not been convicted of a crime, and in many cases, your Second Amendment Rights will be restored as well. There are specific requirements discussed in our Utah resources, but the main requirements to expunge your record are that you’ve completed your sentence, your conviction was for a qualifying offense, you have satisfied the relevant waiting period, and that your criminal history isn’t too extensive.
Utah’s expungement process is a little different than most states, as it requires that you first file for and obtain a Certificate of Eligibility from the BCI, then file your Certificate of Eligibility along with a Petition to Expunge Records with the appropriate court and criminal justice agencies. Depending on the response from the prosecutor, you may then have a hearing where a judge will rule on whether to grant your expungement. There are a lot of steps to successfully expunging a criminal record, but you can find a good summary of the legal process in the graphic below.
How will expunging my conviction or arrest record help me get a job?
Expunging a Utah conviction is currently the best way to improve your chances of getting a job when you have a criminal record. You can legally state that the conviction or arrest never occurred, and Utah criminal justice agencies cannot release or make available any information related to the expunged matter. The bottom line is that the expunged criminal record will not show up in virtually any background check related to employment.
However, even after your criminal record has been expunged, the BCI continues to index and maintain expunged criminal records. They are prohibited from releasing this information to the public, but upon special request, certain government organizations may access expunged information in limited circumstances. These organizations include: Board of Pardons and Parole; Peace Officer Standards and Training; certain federal authorities; Division of Occupational and Professional Licensing; and the State Office of Education.
As a result, there are certain occupations requiring Utah state licensing where you may need to disclose the expunged criminal information. However, these situations are limited, and expunging your record should keep that information from the vast majority of potential employers
Will expunging my record restore my Second Amendment Right to own and possess a firearm?
Utah law provides two main ways to restore your firearm rights, by expungement or pardon from the Governor. It should be noted that there is legal authority indicating that a 402 Reduction from a felony to a misdemeanor may also a viable way to restore your Second Amendment Rights. Pardons are currently granted very infrequently in Utah, so if your firearm rights were taken due to a felony conviction, the easiest and most common way to restore firearms in Utah is via expungement.
Not everybody with a felony conviction can restore their constitutional right to own or possess firearms, but Utah's laws are pretty favorable when compared to the process in other states. It should be noted that you can almost never restore firearm rights based on federal convictions, and it can be very difficult if your Second Amendment rights were taken away due to a domestic violence conviction.
Restoring firearm rights involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test, and then if appropriate, setting up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
Some of the potential benefits of expunging your criminal record in Utah include:
- Removing a finding of guilt from your criminal record to help you get a better job
- Becoming eligible for professional licenses you previously did not qualify for
- Restoring your Second Amendment Right to bear arms
- No longer being treated as a felon
- Increased eligibility for student loans, housing assistance, and government programs
- Improving your ability to obtain higher-paying job opportunities
- Improving access and admission to college and other educational resources
Each of Utah’s expungement services have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Utah criminal record services are available to you, and then select the services that will provide the greatest benefit. Our firm is here to help you navigate this very specific area of Utah criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Utah criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Utah state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!