Expungement

If you’ve been convicted of a crime in the past, that conviction can haunt you for the rest of your life. Expungement is the law’s answer to that problem. When you have records of your conviction expunged, you can answer “No” when asked if you’ve ever been convicted of a crime on job applications or in interviews.

Expungement is a civil action filed in the court in which you were convicted. In effect you ask the court to seal the records of the conviction. If you meet the criteria, and the prosecutor agrees, you receive a court order that you can send to state agencies which requires them to seal any records of your conviction.

Once that’s done, the agency must also answer “No” when prospective employers or other parties ask if you have a criminal record.

Some things to keep in mind regarding expungement:

• There are waiting periods, and they differ depending on what you were convicted of
• Not all crimes can be expunged. Violent felonies and DUIs, for example, cannot be expunged.
• You must have served your sentence, including probation, and paid any fines in full.
• You can expunge other records: arrests, detentions, trials that end in acquitals, etc.
• Expungement does not erase other public information on the case: news reports, counter-suits, press releases, etc.

While you can expunge multiple convictions, if you have multiple convictions, you are, in some cases ineligible to expunge any of them. In general, the more you try to expunge, the more work and time it will take, and you may not be able to expunge them all. You should consider whether it’s worth the time and expense to attempt to expunge your convictions.

As an attorney, I can help you answer these questions. I can also guide you through the process of expungement. Use the contact form on the home page of this site if you’d like me to contact you for a consultation.

Expungement Links:

General Information on Expungement – What it is, general information

Utah Expungement – Information on the process in the State of Utah