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Expunging your Utah Criminal Record
Employers in Utah perform Criminal Background Checks
Having a Utah conviction on your record can keep you from moving on with your life. With more than 80% of employers performing background checks, obtaining a job with a record is more difficult than ever. Under Utah law, employers may ask whether an applicant has been convicted of a felony, though it is only advised if job related. Criminal background checks are required for potential employees in pubic and private schools, health and child care facilities, and agencies providing services for children.
The Utah Division of Occupational and Professional Licensing may refuse to issue a license to an applicant if the applicant has engaged in “unprofessional conduct.” The statute defines “unprofessional conduct” to include “engaging in conduct that results in conviction, a plea of nolo contendere, or a plea of guilty with respect to a crime of moral turpitude.” Additionally, unprofessional conduct includes any other crime that, when considered with the functions and duties of a licensed occupation or profession, bears a reasonable relationship to the licensee's or applicant's ability to safely or competently practice the occupation or profession."
Expunge your Utah Criminal Record to Move On with your Career
Having your Utah record expunged frees you from your past mistakes and allows you to move on with your life and career. Under Utah law, a person whose arrest record has been expunged may respond to any inquiry as though the arrest did not occur, unless otherwise provided by law.
An employer may not use an expunged record and should not be able to even locate it. A person who has had his or her record expunged does not have to disclose the fact that the arrest or conviction occurred.
Are you Eligible to Expunge your Utah Criminal Record?
One of the requirements for expungement is that you meet the waiting period. The waiting period begins to run at the time you complete probation or parole is complete. The waiting periods are:
- Capital felony; Felony 1; Forcible felony 2; any sexual offense against a minor - Never
- 2nd and 3rd degree felonies - 7 Years
- Class A misdemeanor - 5 years
- Class B misdemeanor - 4 years
- Class C misdemeanor - 3 years
- Alcohol related traffic offenses (Title 41) - 10 Years
In addition to meeting the waiting period for the case you are trying to expunge, you cannot have a certain number of offenses if they were separate criminal episodes. You cannot have:
- 5 or more convictions, of any degree (felony or misdemeanor)
- 3 misdemeanor Bs if you have 4 or more convictions
- 2 misdemeanor As is you have 3 or more convictions
- 2 or more felony convictions
The easiest way to determine if you are eligibile is to take RecordGone.com's free eligibility test here or by clicking on the image below.
If an employer in Utah hires a company to do a background check on me, how far back it look on my record?
With the exception of restrictions on arrest information, Utah offers no protections other than those under the Fair Credit Reporting Act (FCRA). Consumer reporting agencies may deliver reports showing all of a person’s convictions and all arrests that occurred over the 7 years prior to the report.
How far back can an employer in Utah look on my record if he or she personally looks into my criminal history?
Unless given access by statute, employers may not receive criminal history information from the Bureau of Criminal Identification. However, employers may access case information via Utah’s XChange system.
Dissemination of criminal history information from the Criminal Investigation and Technical Services Division is limited to a “qualify entity” for employment background checks for their own employees and persons who have applied for employment with the qualifying entity. UT Code §53-10-108(1)(g). A “qualifying entity” is a business, organization, or governmental entity that employs people who deal with national security interest, care, custody, or control of children, fiduciary trust over money, or health care to children or vulnerable adults. UT Code §53-10-108(3)(a). In order to receive criminal history information, a qualifying entity must first obtain a signed waiver from the applicant or employee. UT Code §53-10-108(3)(a). However, if an employer is not a qualifying entity, Utah State Criminal Records are not open to the public.
The Courts of Utah maintain XChange, a fee-based subscription to district court and justice court case information. Cases handled in district courts include domestic, civil and criminal cases. All felony and class A misdemeanor cases are filed in district courts. The system provides summary information about cases. This includes information such as names of parties, party addresses (if available), assigned judges, attorneys of record, documents filed, hearings held, judgments entered, and the outcome of completed cases. A set up fee of $25.00 is required to establish an XChange account and the monthly subscription fee is $30.00 for up to 200 searches.
http://www.utcourts.gov/xchange/
Applicable Law to Expunge your Utah Conviction