Most aspects of Utah’s criminal justice system are part of the public record. If you are convicted of a crime, that conviction will be available as public information. However, many defendants plead guilty as part of negotiated plea deals. While the conviction itself and the specific terms of the deal may be part of public record, not every aspect is public.
While others may look up information about your case, only certain information is available. The entry of the plea will be public record, but your negotiations and conversations with the prosecutor, and your personal reasons for accepting the plea, are generally not included. If your plea is held in abeyance as per the terms of a plea deal, your case might show up as pending. Even if the charges are dismissed, there will still be public records of the charges. The only way to prevent the public from accessing information about your charges, conviction, and plea deal is to have these records expunged.
Get a free case review by calling Overson & Bugden at (801) 758-2287 and speaking to our Park City, UT criminal defense attorneys.
Is a Plea Bargain Part of Utah Public Records?
Allowing the public to access information about cases, charges, and convictions gives transparency to the judicial system and instills trust in the public. However, many defendants are uncomfortable with the idea that a conviction or plea deal will be part of the public record and available to everyone.
The entry of a guilty plea as part of a negotiated plea agreement may be part of the public record of Utah’s court system. Since a plea deal typically leads to a conviction, unless you are part of a diversionary program, the outcome of your case (e.g., if you pled guilty) is part of the public record and can be searched by anyone.
However, the actual negotiations between the defendant and prosecutors are not stored anywhere except the prosecution’s files. You might have gone back and forth with the prosecutor for a while before landing on acceptable terms. These negotiations are typically not part of the public record, and you can converse openly and candidly with our Provo, UT criminal defense attorneys and the prosecutor. Unless they are retained and searchable through a state freedom of information act request, there would be no way for the average person or someone performing a background check to see these documents.
Can You Look Up Someone’s Plea Deal?
Convictions are always part of the public record unless they have been expunged. If someone was convicted after a plea deal in Utah, you should be able to look up the conviction in public records. The record should indicate that you pled guilty instead of being found guilty by a jury.
However, the person searching might not get a ton of information about how the plea was negotiated or why the defendant chose to accept it. Generally, when a plea is entered, the judge may ask the defendant and the attorneys some questions about it. Anything said at this time may be part of the public record. Often, these questions are to ensure that the plea is fair and that the defendant knows what they are doing.
Can Someone Look Up the Terms of My Plea Deal?
While your plea deal may exist in the public record, more detailed information surrounding the plea deal may remain private. If you are unsure about accepting a plea deal for privacy reasons, ask your attorney about it.
Everything you said between you and your attorney and the prosecutor is not part of the public record. Again, you may have numerous conversations with your attorney and the prosecutor regarding a negotiated plea. These conversations are not part of the public record and typically take place outside of court.
Only the information stated in court on the record when you enter your plea is part of the public record. The judge may ask you some questions about your plea, and the prosecutors might also have to explain the plea to the judge. However, more in-depth details about how you negotiated the plea and why you chose to accept it may not necessarily be included on the record.
Are Pleas Held in Abeyance Part of the Public Record in Utah?
When a plea is held in abeyance, the defendant may enter a guilty plea or a plea of no contest, and the plea is set aside for a while. This is often part of a negotiated plea deal in which the defendant must complete specific requirements. If they fail, their plea will be formally entered into the court record, and they will be convicted.
While you are working on the requirements that are part of your plea held in abeyance, your case is still part of the public record. Your charges may be listed as pending for the time that your plea is held in abeyance.
The end result of a plea held in abeyance may be part of the public record. In many cases, once the plea requirements are met, the charges may be dismissed. On the public record, someone may be able to see that your charges were dismissed.
How to Remove Your Plea Deal from the Public Record
The records of your charges may still exist and be part of the public record, even if they were dismissed as part of a plea agreement. To prevent anyone from seeing these, you must have these records expunged.
When criminal records are expunged, they are treated as if they never existed. As such, they are removed from the public record and can only be accessed by a select few governmental agencies. The general public will not be able to see expunged records.
In some cases, the expungement is automatic. According to Utah Code § 77-2a-3(3)(a)(iii), the expungement may be built into a plea held in abeyance. Once you complete the terms of the plea and the charges are dismissed, the expungement may happen as part of the plea agreement.
You do not have to negotiate for an expungement. If you were convicted as part of a plea agreement many years ago, you may now be eligible to have those records expunged. Talk to an attorney about how you can expunge your case and remove it from public records.
Is a Rejected Plea Deal Available in the Public Record?
You might be worried about whether a plea deal you rejected is available to the public. Generally, no, this is not information part of the public record. Rejected plea deals are never entered into the court record, so they are not part of the public record. Whatever was said during plea negotiations and your personal reasons for rejecting a plea offer will remain private.
Call Our Utah Criminal Defense Attorneys for Legal Help Today
Get a free case review by calling Overson & Bugden at (801) 758-2287 and speaking to our Ogden, UT criminal defense attorneys.
