This page was designed to help our clients better understand our Utah Juvenile Expungement service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
After you complete your sentence for a juvenile offense, the court does not automatically expunge the records. You have to petition the court to expunge the records. However, once your record is expunged, it is treated as though it never occurred.
If the court grants your petition for expungement, all of your court records will be sealed and the matter will be treated as if it never occurred. A background check or search of court records will show nothing at all.
Yes. The records can be used for sentencing purposes for another case. At the end of sentencing, the records will be resealed.
No, you can answer “no” when asked if you have been convicted.
Only by a petition to the court by the person who is the subject of the records.
Sexual offenses, drug offenses, and offenses involving theft.
Yes. Adjudication of murder (76-5-203) or aggravated murder (76-5-202) can’t be expunged.
You can truthfully state that you were not convicted. Since it will be sealed, it will not appear on the background check. This will increase your chances of being hired.
Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective and current employees who have had “Breach of Trust” or "Dishonesty" convictions from jobs that they are otherwise qualified for even if they had the conviction expunged.
"Dishonesty" means directly or indirectly to cheat or defraud; to cheat or defraud for monetary gain or its equivalent; or wrongfully to take property belonging to another in violation of any criminal statute. Dishonesty includes acts involving want of integrity, lack of probity, or a disposition to distort, cheat, or act deceitfully or fraudulently, and may include crimes which federal, state or local laws define as dishonest. "Breach of trust" means a wrongful act, use, misappropriation or omission with respect to any property or fund which has been committed to a person in a fiduciary or official capacity, or the misuse of one's official or fiduciary position to engage in a wrongful act, use, misappropriation or omission.
Whether a crime involves dishonesty or breach of trust will be determined from the statutory elements of the crime itself. All convictions for offenses concerning the illegal manufacture, sale, distribution of or trafficking in controlled substances are included. Other offenses can include but is not limited to the following: petty theft, grand theft, insufficient checks, burglary, possession of drugs for distribution or sales, embezzlement, fraud, fraud to obtain aid or benefits and money laundering.
If you believe you have a “breach of trust” or "dishonesty" conviction and were denied a position or were terminated from a financial institution because of that offense, there still is another way to obtain that job with a waiver from the FDIC. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.
If you want to join the US military, then it becomes a matter of federal law, not Utah state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.
For Utah, once your juvenile records have been expunged, it is treated as though it never occurred. You can deny it on any application, including an application to become a police officer.
You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record, and (5) complicated law, especially if you have more than one conviction.
No. We are licensed attorneys, and we go to court for you.
Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue your case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.
Typically, the case takes about five to six months.
We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it expunged.
The judge may request a mental health evaluation to ensure you are rehabilitated. However, this typically occurs in cases involving a sexual offense.
We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.
Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.
We are unable to offer a money back guarantee and also be able to provide such a low price for our services, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.
We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.
We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee and we apply it to the cost of any service that you hire us to perform.
No, it does not matter. We can expunge your conviction regardless of what you pled.
If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation, and (5) not paying fines.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If refilling would not be successful, then appealing the denial may be the next option.
The court updates the court records within 48 hours and we send the court order to expunge to the Utah Bureau of Criminal Investigation (BCI). Typically, the BCI and agencies update their records within 30 days.
Once the court grants the petition for expungement, we forward the order onto the agencies
Yes. The Division of Public Safety forwards a copy of the expungement order to the FBI.
No. If your petition for expungement is granted, any offenses that had been reported to the Driver License Division will remain on your driving record but will be erased from the criminal history.
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.
The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.
In Utah, you online lose your voting rights if you have been convicted of a felony. Even then, your voting rights are restored the moment you are given probation, are granted parole, or successfully complete your prison term.
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, it is important to get a case-by-case analysis tailored to your specific facts. To find out if your criminal conviction will impact your immigration case it is imperative you contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
Expungement will restore your right to own a gun. However, there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. Therefore, if you were convicted of misdemeanor domestic violence, the federal gun ban may preclude you from owning a firearm, even after expungement.
Additionally, if you are applying to get a concealed weapons permit, your prior conviction may be taken into account for whether to have the permit granted.
Call us 801-736-1982 or Toll Free 877-573-7273
Please take the free online eligibility test before calling.
Law Firm of Higbee & Associates
3333 South 900 East, Suite 200
Salt Lake City, UT 84106
*By Appointment Only