Having a criminal record might adversely affect your housing applications for much longer than you would like. A prospective landlord may ask about your criminal history or require your permission to run a background check before even accepting your application. Your conviction doesn’t have to follow you indefinitely, and you can discuss expungement with our lawyers.
Utah allows landlords to deny housing applications to applicants with criminal records. Having a previous conviction doesn’t necessarily guarantee that your application will be denied. However, landlords are certainly more bias against some charges than others, such as sex offenses and drug offenses. An expunged record can no longer negatively affect housing applications. Landlords cannot see expunged convictions, and you may be eligible for expungement, possibly even automatic expungement, sooner than you think.
Call Overson & Bugden’s Park City, UT criminal defense lawyers for a confidential and free case analysis at (801) 758-2287.
Will My Criminal Record Impact Housing Applications in Utah?
Having a criminal record can have an adverse effect on any housing applications you submit in Utah, even if you don’t have any recent convictions. Some landlords screen applicants for criminal histories and reject any with previous convictions without any further review.
Landlords might deny a rental application for previous convictions of violent crimes, drug offenses, and property damage, no matter how far in the past they occurred. Applicants with sex offense convictions might also be denied housing, especially in a large apartment building or complex with many other residents.
A conviction far in your past may not affect your future housing applications, especially if it was for a low-level offense. Suppose other factors are working in your favor, such as a good credit score, a well-paying job, and proof of sufficient funds. In that case, a landlord may approve your application, despite your criminal record.
While the Fair Housing Act prohibits denying housing based on race, religion, sex, and more, it does not protect against discrimination based on an applicant’s criminal record alone.
How Do Landlords Learn About an Applicant’s Criminal Records?
When you apply to rent an apartment, condo, or house in Utah, the property owner may ask you to indicate whether or not you have been convicted of any crimes. Even if you choose not to disclose your criminal record on an application, the landlord will most likely want to run a background check that reveals all past convictions still on your record.
Landlords generally require all the necessary information to conduct a criminal background check on an applicant, including the individual’s name, date of birth, Social Security number, and past addresses. While you must consent to a background check in writing in Utah, refusing to do so will most likely lead to an automatic housing application rejection.
A property manager might also learn about a previous criminal case through word of mouth or by performing a simple online search. They don’t need your permission to take these steps, so keep that in mind if you choose not to disclose a previous conviction when asked.
How Long Can a Criminal Record Impact Housing Applications?
Utah’s Clean Slate Law automatically expunges criminal records for certain misdemeanors and drug possession charges after a set period. Based on your conviction, our attorneys can confirm if your record is set to be expunged, or already has been, and should no longer impact housing applications. Individuals may also petition for expungement if their charges aren’t eligible for automatic expungement or they want charges erased even faster when possible.
Three Years
You can petition for expungement of any Class C misdemeanors or infractions once three years have passed from conviction, release, payment of restitution, or end of probation, whichever comes last.
Four Years
You are eligible to petition for expungement of a class B misdemeanor within four years, although expungement within this timeframe won’t be automatic. Low-level drug possession offenses may be charged as class B misdemeanors, and these types of offenses often affect housing applications.
Five Years
Any class C misdemeanors or infractions are automatically expunged after five years. The Clean Slate Law requires no action on your part, though our attorneys can check to make sure charges are no longer visible on your record.
While expungement isn’t automatic for class A misdemeanors after five years, individuals can petition for expungement for such charges once that amount of time has elapsed.
Six Years
Class B misdemeanors get automatically erased from criminal records within six years, but, as mentioned, you may petition for expungement sooner. The Clean Slate Law typically limits defendants to automatic expungement of up to three class B misdemeanors, no more.
Seven Years
Class A misdemeanor drug offenses are automatically expunged in Utah after seven years in Utah. Generally speaking, you can only get two class A misdemeanor drug offenses automatically erased from your record.
Eligible felonies are expungable via petition within seven years as well. Felonies are never automatically expunged, and our attorneys can see if your convictions are eligible for expungement at all.
10 Years
Convictions for driving under the influence are only expungable after 10 years in Utah. The Clean Slate Law does not apply to DUI convictions, so you must proactively petition to erase these charges. DUIs are not necessarily an automatic reason for denial of a housing application, especially if the conviction occurred a long time ago. That said, you may want to expunge a DUI for other reasons, so contact our West Valley City, UT criminal defense lawyers if you’re interested in this process.
Indefinitely
Sex offenses and some felonies are never expungable in Utah and might affect housing applications indefinitely. Prioritizing your defense and overcoming charges to avoid conviction or negotiating a deal and pleading guilty to lesser charges can mitigate the long-term effects of a criminal case on your housing opportunities.
Call Us in Utah for Help Today
Call our Bountiful, UT criminal defense lawyers at (801) 758-2287 to have Overson & Bugden review your case for free.
