Can a Criminal Lawyer Help Get Your Conviction Expunged?

Getting your conviction expunged can pave the way to new opportunities, so the matter is certainly one you should discuss with an experienced criminal lawyer.

In Salt Lake City, people with criminal records often have a tough time landing a job and finding rental housing. Expungement can eliminate these challenges, making it seem as though arrests and convictions never happened — the incidents no longer appear on background checks, and Utah residents are not required to disclose the existence of an expunged conviction.

Sealing a record can be life-changing. An expert criminal lawyer in Salt Lake City can determine if you’re eligible and, if so, guide you through the expungement process. But for the basics, take a look at the following.

Conditions Required for the Expungement of a Conviction in Utah

Who qualifies for expungement in Utah? Whether or not your record can be sealed depends upon several factors. The conditions that must be met include:

  • All fines and fees related to the conviction have been paid in full
  • Any court-ordered restitution has been fully paid

In addition, anyone who wants to get their criminal record expunged has to wait until the required time period has passed. For expungement to be considered, the date you were released from prison, paroled or completed the terms of probation must be:

  • 10 years for drug-related misdemeanors under the Utah Traffic Code
  • 10 years for felony convictions under the Controlled Substances Act
  • 7 years for most other felony convictions that are eligible for expungement
  • 5 years for theft, criminal mischief or another class A misdemeanor offense
  • 4 years for a class B misdemeanor like criminal trespass or prostitution
  • 3 years for any other type of misdemeanor conviction or infraction

Convictions that are Ineligible for Expungement Under Utah Code

Unfortunately, sealing a criminal record isn’t always an option. Utah law prohibits expungement for individuals convicted of certain offenses. Unless you are officially pardoned, a criminal lawyer likely won’t be able to assist you in expunging the record of conviction for the following:

  • A capital felony
  • A first-degree felony
  • A violent felony
  • Felony automobile homicide
  • A felony DUI offense
  • A registerable sex offense
  • A registerable child abuse offense

Criminal history can also play a role in expungement, as too many convictions for certain offenses may mean you’re ineligible. To know if you can get your record sealed, you’ll need to consult with a knowledgeable criminal lawyer.

How a Criminal Lawyer Can Help With Your Expungement Petition

To get your conviction expunged, you’ll need to draft and file a legal motion. In doing so, you must comply with the rules of the Utah court. And, you need to be prepared to file additional memorandums if the prosecutor objects to the expungement.

None of this is easy – so if you really want to have your record sealed, you should have a qualified criminal lawyer represent you through the process. In Salt Lake City, Trevor Casperson of Solon Law is the defense attorney people trust for top-notch legal services. Our professional team has extensive experience handling expungements, and we’ll do whatever we can to seal your criminal record quickly. For more on getting a conviction expunged in Utah — or to schedule a free consultation with a highly skilled criminal lawyer serving Salt Lake City — contact Solon Law today.

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