A felony has a big impact on a person’s life and if you live in Utah, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Utah offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in Utah it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in Utah is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in Utah, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Utah.
Felony Expungement in Utah
Yes, it is possible to expunge your felony in Utah but it depends on the felony.
Sealing a Record in Utah
Yes, it is possible to seal your record in Utah but it depends on the felony.
Getting a Pardon in Utah
Yes, it is possible to get a pardon of your record in Utah but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing of your record.
Can You Expunge a Felony in Utah?
Requesting an expungement of your criminal record allows to you to reopen your criminal case, set aside the conviction and have the case dismissed. Your criminal records will no longer show the conviction. However, the expungement itself will remain as an item on your record, but no one can see your criminal records unless you commit another crime. Note that criminal convictions are not cleared automatically with the passage of time.
Almost 80% of all employers do background checks on applicants and employees. Clearing your criminal record takes time, but it is a good step to getting your life back. There are many options in Utah, and the best way to determine what you are eligible for is to take an online eligibility test.
Once you are successful expunging your criminal record, you can rest assured that when you apply for employment, your criminal past will not be found in any background check.
CANNOT EXPUNGE IF…
• You committed a capital felony,
• A first-degree felony,
• A violent felony
• Automobile homicide, felony
• Registered as a sex offender as defined in Subsection 77-43-102(2),
• There are unpaid fines,
• The waiting time has not elapsed from the date you were convicted, released from prison, finished parole or probation.
• Seven years in the case of a felony,
• 10 years in a misdemeanor conviction of Subsection 41-6a-501 ()
• Five years with any class A misdemeanor or felony drug possession offense,
• Four years for a class B misdemeanor,
• Three years in the case of other misdemeanors or infractions except traffic offenses.
How to Expunge a Felony in Utah
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Apply to the bureau for a certificate of eligibility.
• Pay the application fee.
• File the certification of eligibility with a petition for expungement in the court where you were convicted.
• You will need to deliver a copy of the petition and certificate to the prosecutorial office that handed your court procedures.
• More information can be found here.
Can You Seal Your Criminal Record in Utah?
It is your right in Utah to seal your criminal record under certain circumstances. Once your record is sealed, no one can see it except under court order. You can say that you were never arrested or convicted of a crime once your records are sealed.
CANNOT SEAL IF…
• You committed a capital felony,
• A first-degree felony,
• A violent felony
• Automobile homicide, felony
• Registered as a sex offender as defined in Subsection 77-43-102(2),
• There are unpaid fines,
• The waiting time has not elapsed from the date you were convicted , released from prison, finished parole or probation.
• Seven years I the case of a felony,
• 10 years in a misdemeanor conviction of Subsection 41-6a-501 ()
• Five years with any class A misdemeanor or felony drug possession offense,
• Four years for a class B misdemeanor,
• Three years in the case of other misdemeanors or infractions except traffic offenses.
How to Seal Your Criminal Record in Utah
Utah has some of the best sealing and expungement laws in the country. These laws are designed to give you back your life. life. It doesn’t matter if the offense was a felony or a misdemeanor, there are ways for you to find a good job and put your past behind you.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• Apply to the bureau for a certificate of eligibility.
• Pay the application fee.
• File the certification of eligibility with a petition for expungement in the court where you were convicted.
• You will need to deliver a copy of the petition and certificate to the prosecutorial office that handed your court procedures
• You can find more information here
Can You Apply for a Pardon in Utah?
Granting pardons is not the Governor’s responsibility in Utah. The Utah Constitution allows the Board of Pardons and Parole to grant pardons. You can petition for pardon if at least five years has passed since your sentence was terminated or expired.
CANNOT PARDON IF…
• The time limit of five years has not passed,
• The Board finds you explanations and criminal filing to be unsatisfactory,
• If a pardon is not relevant,
• You have not exhausted all other means of sealing or expunging our record.
How to Apply for a Pardon in Utah
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• There are no fees for the application forms for a pardon. You can access the forms at here.
• Fill in the required information in full and if you need a record of all your arrests, conviction and charges contact 801-965-4445.
• Write on a separate piece of paper the reasons the Board should grant you a pardon. This is the most important part of your application. Submit a detailed and honest personal statement.
• List out all the good things in your life since your conviction (remember it must have been at least five years.)
• Mail your application, all records, and written statements to:Utah Board of Pardons and Parole, 448 East 6400 South #300, Murray, Utah 84107
So, there you have it. Three separate ways to get rid of your record in Utah. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
