A criminal record can interfere with numerous aspects of your life, but it may be possible to wipe the slate clean. Depending on your situation, you may be able to have your record expunged or obtain a pardon.
While expungements and pardons help to give convicted criminal defendants a fresh start, they work very differently. First, the process for obtaining an expungement or pardon differs. Expungements are arguably easier to obtain, and you must submit a petition for an expungement to the appropriate court. Pardons, on the other hand, are controlled by the Utah Board of Pardons and Parole, and they tend to be far less common.
Get a private, free legal assessment from our Provo, UT criminal defense attorneys by calling Overson & Bugden at (801) 758-2287.
What is the Effect of Expungements in Utah?
An expungement is a legal procedure that allows people previously convicted of certain crimes to have their criminal records sealed.
Records Are Sealed
When criminal records are expunged, they are sealed by the courts. Sealed records may not be accessed by anyone except for a select few judiciary or law enforcement agencies.
Normally, court records are part of the public record, meaning almost anyone can look them up to see if someone was convicted of a crime. If you can have your records expunged, almost nobody can look them up, and they will no longer come back to haunt you.
Records may only be unsealed under very rare circumstances where the need for the information in the records outweighs the interests in keeping them sealed.
Legal Denial
A major aspect of the expungement process is legal denial. Once criminal records are expunged, they are not just off-limits to the public. They may be treated as if they never existed.
For example, if an employer needs to know if you have a felony conviction on your record before formally hiring you, you are allowed to deny the existence of any such conviction if it has been expunged.
You do not have to explain that your records have been expunged and are sealed. You may treat them as if they do not exist. This can make finding jobs and housing far easier.
What Happens After You Are Pardoned?
A pardon has a somewhat similar effect to an expungement. However, the process works differently, and criminal records are not exactly sealed or kept hidden after a pardon.
Full Restoration of Rights
If a convicted defendant is granted a pardon, all the rights and privileges that may have been stripped away or restricted upon convicted are fully restored. For example, if a criminal conviction prevents you from legally owning a firearm, a full pardon would restore your right to have a gun.
Records Are Not Sealed
Unlike an expungement, a pardon does not result in the sealing of criminal records. While you are free from any restrictions or the loss of rights after a pardon, it does not automatically seal your records.
The only way to have your criminal record sealed is to obtain an expungement. Often, the Utah Board of Pardons and Parole will issue an expungement order if it grants you a pardon, but this is not always guaranteed, and your records might still be publicly available.
How Are Expungements Obtained?
While the effects of an expungement and pardon are somewhat similar, obtaining them is a different story.
Clean Slate Eligibility Requirements
A Clean Slate expungement allows eligible people to have their entire criminal record wiped clean. To be eligible, you must have completed your sentence, including paying fines, fees, and restitution, and wait 10 years without any subsequent convictions.
Regular Expungement Eligibility Requirements for Adults
A regular or standard expungement may be available to adults convicted of indictable crimes or disorderly persons offenses.
To have an indictable crime expunged, you must wait 5 years after the completion of your sentence while remaining free from criminal conviction.
To have a disorderly persons offense expunged, the waiting period is only 2 years.
Juvenile Expungements
Juveniles adjudicated delinquent must wait at least 3 years after their final discharge from custody or supervision. Alternatively, they must wait 3 years from the entry of the court order if neither custody nor supervision is imposed. The juvenile must remain free from delinquency during this waiting period.
File a Petition with the Court
To get an expungement, our Utah expungement and record sealing attorneys must help you file a petition with the court. The petition should be accompanied by an Order for Hearing and a proposed Expungement Order. Also, your petition must demonstrate that you satisfy all eligibility criteria.
Availability of Automatic Expungements
In some cases, expungements may be automatic, and there is no need to submit a petition to the court. This is common when a defendant is found not guilty or acquitted, or when the case is dismissed.
How to Get a Pardon in Utah
Obtaining a pardon is an entirely different legal process from obtaining an expungement. Many people regard pardons as far more difficult to get, and they are often the option of last resort when an expungement is not available.
Apply to the Utah Board of Pardons and Parole
First, instead of submitting a petition to the Superior Court in the county where you were convicted, requests for pardons must be sent to the Utah Board of Pardons and Parole. This is a governing body, separate from the court system, that oversees how and when inmates may be paroled or receive a pardon.
Eligibility
To be eligible for a pardon, you must first wait at least 5 years from the completion of your criminal sentencing. This includes paying all fines, fees, or restitution that were imposed as part of your sentence.
Next, you must first seek an expungement and be denied before you can seek a pardon. You must include evidence in your application that your expungement options are exhausted.
Finally, you may only be pardoned for state offenses. If you were convicted of a federal crime in Utah, it may not be pardoned by state authorities.
FAQs About Expungements and Pardons in Utah
How Are Pardons and Expungements Obtained in Utah?
An expungement may be obtained by submitting a petition to the Superior Court in the county where you were convicted. To obtain a pardon, you must submit an application to the Utah Board of Pardons and Parole.
What Happens After Receiving a Pardon or an Expungement?
After you receive an expungement, your records may be sealed by the court, and only a few law enforcement or judicial entities may have access to them. You may treat your expunged conviction as if it never happened. A pardon will restore your full rights and privileges, but it does not automatically seal records in some cases, so your conviction may still be part of the public record.
Is it Harder to Get a Pardon or an Expungement in Utah?
Many consider pardons more difficult to obtain, as applicants must present substantial evidence of rehabilitation. Meeting the eligibility criteria is not enough to get a pardon, and the Board can deny an application if it does not believe the applicant demonstrates exemplary citizenship. Pardons are also competitive, as the Board is reluctant to grant them to just anyone.
Can You Get a Pardon if an Expungement is Denied or Unavailable?
Yes. In fact, exhausting your expungement options is a requirement for obtaining a pardon. If you are eligible for expungement but do not seek it, your application for a pardon will likely be denied.
Speak to Our Utah Expungement and Record Sealing Lawyers About Your Case
Get a private, free legal assessment from our Salt Lake City, UT criminal defense attorneys by calling Overson & Bugden at (801) 758-2287.
