Utah record expungement
Utah allows expungement in many types of felony and misdemeanor cases for adults and juveniles. Utah Code Section 78A-6-1105 deals with the expungement of juvenile records. Once a juvenile record is expunged, the case is wiped from the record and considered to have never happened. You will be able to enter adulthood with a clean slate. When you apply for an expungement, you must be 18 years oolld, have no adult criminal record, and one year must have passed since the end of the case, which includes probation, restitution, and fines. In Utah, the only crimes that are not expungeable are capital felonies, 1st degree felonies, forcible 2nd degree felonies, and any kind of sexual offense involving a minor.
If you do not have any current pending charges or not on probation or parole Utah law (Utah Code Annotated Sections 77-18-10, 77-18-11, & 77-18-12) will allow you to have either your misdemeanor and felony conviction expunged. Most of the time, felonies can be expunged seven years after the completion of your sentence, and some misdemeanors can be expunged only three years after the completion of your sentence.
If you would like a reduced conviction, Utah law 76-3-402(2) allows to have your conviction reduced by up to two degrees in class. This means a felony could be reduced to a class A misdemeanor. A reduction can restore rights automatically, which can help if one is looking to possess a firearm.
If you were arrested, and your arrest did not result in a conviction, you are eligible to have the record of the arrest taken off your record. Arrests records aren't considered as serious as convictions, but they can be just as detrimental to someone looking for a job. If you have no current pending litigation against yourself and are not on probation or parole, Utah law (Utah Code Annotated Sections 77-88-10, 77-88-11, & 77-88-12) gives you the right to have your arrest records expunged after 30 days, as long as they did not result in a conviction.
To apply for expungement, you must first get a certificate of eligibility that can be found at the Utah Bureau of Criminal Investigation (BCI). You can then fill out the petition and a Receipt, Consent and Waiver of Hearing. You do not have to attend a hearing unless the prosecutor objects to the expungement. Unless you have a hearing, you will get a notice in the mailing stating that your record is expunged.
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