The time old question: What’s on my Utah Criminal Record?
Answer: Most people think that just because they don’t have any criminal convictions that they have a clean criminal record. No. They don’t.
Most people think that just because their felony charges got dropped to misdemeanors that they don’t have a felony record. No. They have a felony record, just not felony convictions.
Most people think their criminal record only consists of criminal convictions. This is partially true.
Your criminal records consists of the following items:
(1). All criminal arrests and records located in with each arresting agency.
(2). All criminal convictions in each court, state and the federal government.
(3). All police records, whether that be only a police report or fingerprinting.
(4). All internal prosecutor files.
(5). All internal court files which are generally open to for public inspection.
(6). All fingerprinting.
(7). All DNA evidence and DNA collected.
(8). All newspaper articles about the arrest and trial.
Expungement is the only way you can seal from the public eye your criminal records. Whether that record is a police report, police arrest, criminal charges or a criminal conviction.
As of 05/04/2022 the Utah Legislature eliminated most costs associated with filing for expungements. So now is the time to apply for an expungement.
Marijuana Possession in Millard County. You were caught speeding on I-15 in Millard County. The Utah Highway Patrolman found marijuana and you were charged with simply marijuana possession. You took a plea in abeyance and the charges were eventually dismissed. The court was the Millard County Justice Court.
Existing Criminal Record from this Incident:
—No criminal conviction entered. This is good.
–Millard County court records indicating your criminal arrest.
–Millard County jail records if you were booked.
–Millard County prosecuting attorney records.
–Arrest Agency Records. Likely the Utah Highway Patrol has records of your arrest.
–With a plea in abeyance you can start the expungement process 30 days after the case successfully closes.
When you apply for an expungement, the “Order of Expungement” is sent to each of these agencies to seal these records from public viewing.
Domestic Violence Jury Trial Acquittal. You were charged with domestic violence, assault & battery in the Provo City Justice Court. You go all the way to a jury trial and are acquitted by the jury. The constitution worked.
Existing Criminal Record from this Acquittal:
—No criminal conviction entered. You were acquitted.
–Provo City Justice Court records indicating your criminal arrest.
–Utah County jail records. Most domestic violence arrests are booked into jail.
–Provo City prosecuting attorney records.
–Provo City Police Department Records. 911 calls, booking, dash cam, police reports, etc.
–With an acquittal, you are entitled to an expedited expungement processing under the statute. Acquittal expungement processing takes precedence over regular expungement applications.
When you apply for an expungement, the “Order of Expungement” is sent to each of these agencies to seal these records from public viewing.
