Utah Expungement FAQFrequently Asked Questions


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Topic: Utah Expungement FAQ
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Kayleea
7th September 2015 11:20am
My husband has a simple assault that he was convicted of several years ago. Has no outstanding court fines yet when he filed papers to expunge it wasn't eligible to be expunged, why would that be?
Admin:
It may have been denied/ineligible for a few different reasons.  It is possible he had just not yet satisfied the waiting period, which if his conviction was a Class B misdemeanor (most simple assault) the waiting period would be 4 years from the end of his probation/parole.  If he has any other cases on his record that affects his eligibility as well.  I would suggest running through the eligibility test on our website, or you may contact our office by phone to discuss his case more fully to determine if he is eligible to expunge that case at this time.
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Bruce
3rd August 2015 8:13pm
Can you buy a hand gun and obtain a conceal carry permit in utah after having a class b misdemeanor of simple assult expunged from your record?
Admin:
Unless your Simple Assault was domestic violence, you may have not lost your firearm rights. However, expungement is one way to restore your rights if they were lost. If your conviction was domestic violence however, a Utah expungement does not lift the federal ban that would apply to you. Regarding the Conceal Carry Permit, you are likely not currently entitled to one due to simple assault being a "crime of violence". And while an expungerment will likely help, the Bureau will be able to review expunged convictions when making their decision on the permit. If you are interested in getting started on an expungement or a thorough review of your records to determine your firearm rights, please contact our office.
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Jennifer
28th December 2014 10:52am
Are multiple misdomeaners in one criminal episode considered one conviction? Do you have to wait 4 years or 12 for expungement?
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mathewHigbee
3rd January 2015 8:06am
Yes, Utah modified its expungement law around 2013 to allow multiple convictions in a single episode to be treated as one conviction for purposes of expungement. This is just one of several reasons why Utah's expungement law is one of the best in the country.
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Tommie Martin
2nd July 2014 10:44pm
Hello, your information on the restoration of gun rights (or lack thereof) to people with DV convictions is wrong. According to the ATF's own website, expungments make a DV conviction no longer considered a DV offense under Federal law. Per this statement: Q: Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence? A: No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms. Source: https://www.atf.gov/firearms/f...
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Jenna Thorne
3rd July 2014 6:48pm
The Lautenberg amendment states that if your conviction is expunged then the ban will no longer apply; however, one of the requirements in the definition of "expungement" according to the federal definition is that it cannot be used against you in the future. Under Utah Code § 77-40-109 expunged records may be considered in the future by the court for sentencing purposes; therefore Utah expungements would not meet the federal standard for an expungement required to lift the federal ban.
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Tommie Martin
3rd July 2014 6:51pm
Is there no way then to restore firearm rights in Utah?
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Jenna Thorne
8th July 2014 5:29pm
Unfortunately under current UT law there is no way to restore firearm rights that were lost because of a domestic violence conviction under the federal Lautenberg Amendment.
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Tommie Martin
18th July 2014 11:13pm
Does this include when a plea in abeyance has been done and the charges are dismissed after a period of probation?
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MathewHigbee
19th July 2014 1:40am
It should not apply to a plea in a abeyance because a conviction is never entered and the case is dismissed, which would keep it out of the definition of conviction for a misdemeanor offense of domestic violence.
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Guest
4th July 2014 5:31pm
Is there no way to restore firearm rights with a Utah domestic violence conviction, even if the conviction is expunged?
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MathewHigbee
8th July 2014 10:48pm
Ms. Thorne is correct. The devil is in the details, or better yet, in the definition. Expungement is a legal term of art that has different meanings in different states. Unfortunately, the federal government requires a total expungement of the record, which Utah's law falls short of doing.

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