Utah Arrest Expungement Frequently Asked Questions

Will it still show up on my background check?

No. Once an offense has been expunged, the records of the offense cannot be released to the general public, and can only be released to the Board of Pardons and Parole, the Peace Officer Standards and Training, federal authorities, the Division of Occupational and Professional Licensing and the State Office of Education.

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Can it still be used against me for a future conviction?

If you are charged with a felony in the future, the prosecutor can ask the judge to reopen your expunged records for investigative or impeachment purposes. If you are convicted for any offense in the future (whether it is a felony or misdemeanor) the court can use your expunged offense in considering your sentence for that future conviction.

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Do I have to disclose it ever?

Once an arrest or conviction has been expunged, you can deny it as though it never existed. However, because certain state agencies (such as the State Office of Education. See below.) will still have access to the records, it may be a good idea to just be upfront about the records if you ever deal with that particular agency.

The following Utah and federal agencies will still have access to expunged records: Board of Pardons and Parole Peace Officer Standards and Training Division of Occupational and Professional Licensing State Office of Education Any federal agency (unless specifically prohibited by federal law)

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Can I become a schoolteacher, nurse, or other occupation?

State agencies that license teachers, nurses, and other occupations in Utah will have access to expunged records because most licenses in Utah are overseen by the Division of Occupational and Professional Licensing, which may access expunged records. However, under Utah anti-discrimination regulations it is improper for any employer or agency to consider a conviction (even a felony conviction) unless it is related to the job.

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Do I need to hire an attorney or can I do it myself?

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 and (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.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know my case details?

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 the 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.

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How long does the process take?

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.

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Can it be done faster?

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.

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How do I know what is going on with my case?

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.

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Does it matter if I pled guilty or no contest?

No, it does not matter. If you have a conviction that is eligible for expungement, it does not matter whether you pled guilty/no contest or were convicted after a trial.

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What are the details of the guarantee?

If we are unable to succeed on your case, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing section for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

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 to do it and we apply that to the cost of any service that you hire us to perform.

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What if I have multiple cases?

If you have had two or more felonies convictions (even if any of them has been expunged) that sprang from different criminal events, you are not eligible for expungement.

If you have had three or more convictions (from different criminal events), and at least two of them are Class A misdemeanors, you are not eligible for expungement.

If you have had four or more convictions (from different criminal events), and at least three of them are Class B misdemeanors, you are not eligible for expungement.

If you have had five or more convictions (from different criminal events), whether they are felonies or misdemeanors (but not including infractions), then you are not eligible for expungement.

However, if you have received a pardon from the Utah Board of Pardons for an offense, then that particular offense is eligible for expungement, no matter what else is on your record.

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If I was convicted of a felony, can I have it reduced?

Yes. Utah has a law that allows you to petition a court to reduce your felony down to a misdemeanor. You are eligible to do so if you were given probation for the conviction (rather than sent to prison), you have successfully completed the probation, and have paid all court-ordered fines and restitution.

The benefit of reducing your felony to a misdemeanor is that it will cut down the time you have to wait to expunge that offense. Please view the reduction service for details.

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What happens after my conviction is expunged?

You can legally deny that your conviction ever existed. Furthermore, the court and criminal justice agencies may not release the records to the general public.

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How do the agencies know it was granted?

The court will provide you a written order, which directs all agencies that have records of the offense to act according to the order and expunge the records.

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How long does it take for the records to be updated?

This just depends on the particular agency. The court will in most cases be the first to update its records. We send the state agency a copy of the order so they can update their records..

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What is the main reason that my expungement petition is denied?

If it is denied, it could be because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) you have not followed all of the correct procedures, (4) the court does not believe it will be in the interest of society to grant you the expungement, or (5) you or the particular offense is otherwise not eligible for expungement.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that re-filing would be successful or we recommend the person wait longer to re-file, then there is the money-back guarantee for certain services.

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Will it relieve me of the requirement to register?

No. Any conviction that requires sex offender registration in Utah is not eligible for expungement. Therefore, even if you get other non-sex offenses expunged, it will have no effect on your requirement to register if you have a sex offense that requires registration

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Can I expunge the record if I was convicted?

Yes. Both arrests and convictions are eligible for expungement in Utah provided you meet all the other requirements. Please see the section on Utah conviction expungement for details.

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What if I have multiple arrests?

Since the arrest you want expunged, you can not have any other arrests. If the other arrests occurred before the one you want expunged then you still eligible.

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How long do I have to wait after the arrest?

The statute that allows you to petition for the expungement of arrest records states that at least 30 days must pass since the arrest that you are petitioning to expunge. However, either (1) the law enforcement agency and prosecutor must have decided that no charges will be filed, (2) the case was dismissed with prejudice, (3) you were acquitted at trial, or (4) the statute of limitation, which is the time period the District Attorney has to file a case, has expired must have also occurred.

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Will expungement clean up my DMV record?

No. Expungement does not affect your DMV records. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never changes unless you have the conviction expunged.

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Can I visit Canada after this?

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 are 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.

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Can I get a Sentri pass?

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.

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Can I vote after this?

In Utah, you only 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.

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Will it help with immigration?

It can still be viewed and considered by immigration authorities. You should always disclose convictions to immigration, whether or not it has been expunged. However, the fact that you have made the effort to expunge your conviction may increase your chances during immigration proceedings.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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Will this restore my right to own a firearm?

Yes. An expungement is one way to restore your gun rights in Utah. The other is through a pardon, which is much harder to get. 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. The federal definition is different than many state's definitions, so your domestic violence conviction in might not trigger the federal law. Expungement in Utah does not lift the federal prohibition.

However, if you were not convicted of any crime then you should not have lost your firearms since you do not have a conviction on your record.

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