One of the primary concerns of anyone who was arrested for even a minor incident is whether that behavior will show up on a background check. If you are looking for a job in Utah, you may be nervous that a prospective employer will find out about a prior conviction for a minor offense and subsequently write you off as not hirable. This anxiety can weigh on your mind and be very stressful.
The answer is that whether disorderly conduct shows up on a background check will depend entirely on the type of check that is being run. Most companies are only interested in determining whether their prospective employees have felony convictions or other serious crimes on their records, so a less serious infraction like disorderly conduct is unlikely to show up. However, some background checks can go deeper, and disorderly conduct might show up in a search. A solution is to try and get your records expunged so that there is no chance that disorderly conduct shows up on a background check.
If you are looking to get a disorderly conduct charge expunged, call our Utah criminal defense lawyers at Overson & Bugden, at (801) 758-2287 to have us go over your situation for free.
What is Disorderly Conduct in Utah?
Disorderly conduct is defined in Utah Code § 76-9-102(2) as refusing to follow commands of a law enforcement officer, knowingly creating a dangerous condition, or causing “public inconvenience” in a number of enumerated ways. We will go into some of the details of what constitutes disorderly conduct below.
Refusal to Comply with Law Enforcement
You can be charged with disorderly conduct if you refuse to comply with a police officer’s order to move from a public place. For example, if you elect to stand in the middle of the street and a police officer tells you to get back on the sidewalk, you can be charged with disorderly conduct if you refuse to move.
Fighting or Violent/Threatening Behavior
Fighting people in public or threatening to do so is disorderly conduct under Utah law. For example, threatening someone in a bar, or indeed getting into a bar fight, is disorderly conduct. It should be noted that this type of behavior could easily spiral into a much more serious crime like assault.
Unreasonable Noises
If you make “unreasonable noises” in a public place, you can be charged with disorderly conduct. For example, if you go into the center of a crowded shopping center and start moaning loudly through a microphone, that will be considered an “unreasonable” noise, and you can be charged with disorderly conduct. Similarly, you can be charged if you make unreasonable noises that can be heard in public from a private location. This usually encompasses loud noises at night. For example, if you are holding a wild party at your house at which people are screaming and loud music is playing, you can be charged with disorderly conduct.
Concealed/Open Carry
Openly carrying a firearm or having one concealed on your person is notably not considered disorderly conduct in Utah. However, if you additionally exhibit behavior that indicates criminal intent, law enforcement may approach you and order you to do something, which could lead to a disorderly conduct charge if you refuse.
Background Checks in Utah
Virtually every employer in the United States conducts a background check of some kind. Employers do this to make sure that they are not hiring someone who recently committed serious felonies.
Generally, employers care about what you have done recently. A minor offense on your record from a long time ago does not indicate that you would make the same mistake in the present. Moreover, most background checks are only looking for serious crimes like felonies. A misdemeanor such as disorderly conduct may not even show up.
The most common background checks in Utah go seven years into the past. For some people, this may still be an issue. For example, if you are a younger individual (under 30), a seven-year timespan covers nearly all of – or, if you are 25 or younger, then all of – your adult life. A mistake in that time that shows up on your record is much more likely to be seen as a representation of who you are now since there is less data to go off of for employers.
Some background checks may go further than standard background checks. For example, if you are applying to be a teacher or for another job that works with children, the background check may go back further to see if there are any serious crimes, particularly sexual offenses.
Expunging Records in Utah
A way to make certain that a disorderly conduct charge will not show up on your background check is to have your records expunged. Expunging a record means that it will be sealed off from public view. No employer will be able to find expunged records in a background check.
Even serious crimes can be expunged after a certain period of time. Generally, more serious crimes take longer to be eligible for expungement. Disorderly conduct, which is an infraction or misdemeanor, can be expunged after as little as three to five years, depending on the severity of the conviction. Some crimes, like murder or sexual offenses, can never be expunged.
If you wish to have your records expunged, our lawyers can check to see if you are eligible and take the appropriate actions to get your records sealed in a timely manner.
Have a Discussion with Our Utah Criminal Defense Lawyers Today
Overson & Bugden’s Salt Lake City criminal defense lawyers can talk about your situation with you when you call (801) 758-2287.
