EXPUNGING UTAH ARREST RECORDS

If You've Been Arrested, You Have a Record

If you have a criminal record in Utah, you know how frustrating it can be. Even if you’re 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 in a background check.

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 our Secure Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Expunge Your Utah Arrest Record?

When you have a criminal record without a finding of guilt, Utah law is generally referring to one of the following situations:

• You were arrested, but no charges were filed
• Your charges were dismissed
• You were found not guilty or acquitted at trial

In the above situations, there may not have been a finding of guilt, but, unless you do something about it, the arrest record will remain on your criminal record forever, regardless of there being merit to the charges. Fortunately, you can typically expunge these types of criminal records, as long as the statutory requirements of Utah Code Section 77-10-104 are met

You can ask to expunge records of the arrest, investigation, and detention for a crime for which there has been no conviction if the following three conditions are satisfied:

• At least 30 days has passed since the arrest
• You have no criminal cases pending and
• One of the following occurred:
  • The investigating law enforcement agency and the prosecutor make a final determination that no charges will be filed in the case
  • Charges were filed, but the case was dismissed with prejudice
  • Charges were filed, but the case was dismissed without prejudice or without condition, and
    • The prosecutor consents in writing to issuing a certificate of eligibility or
    • At least 180 days have passed since the day on which the case was dismissed
  • Charges were filed, but the person was acquitted at trial or
  • The statute of limitations for the offense has expired.

The above requirements appear to be straightforward, but the process is often difficult to navigate due to issues like calculating the relevant statute of limitations for your offense. It is also important to note that there are no filing fees for expungements of arrest records where there was no finding of guilt.

• Understanding a Statute of Limitations

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  A statute of limitation is the time allowed to file charges for an offense. The statute of limitations for some cases is as short as six months, while some very serious criminal offenses have no limit and charges can be filed at any time (like murder). Most statutes of limitation range from one to eight years.

• The Expungement Process

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  Utah’s expungement process is a little different than most states, and complicated. The process 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.

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 Expungement Your Arrest Record in Utah Include:

• Removing a finding of guilt and closing the case on your criminal record to help you get a better job
• Becoming eligible for professional licenses you previously did not qualify for
• 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

We Are Here to Help

Each of Utah's methods for dealing with your criminal record 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. Eastman Meyler, PC 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!