The Utah Expungement Act
Utah’s expungment laws are found in The Utah Expungement Act (“UEA”), Utah Code 77-40-101 et seq. This year, the Legislature made some really positive changes to the UEA which will help a lot more Utahns and those convicted of crimes in Utah be able to get an expungement. The amendments took place in May. Some of the changes were minor but other sections were amended to a degree that may significantly alter a person’s right to expunge his or her Utah criminal record. Utah’s expungement law changes have resulted in allowing more individuals to clear their criminal record. The changes made the law more convoluted making it more important for a person to hire a Utah expungement lawyer to handle an expungement matter.
Exceptions for Drug Possession Offenses
In the past, drug possession offenses have precluded a lot of people from getting their records expunged in Utah. Now, the Legislature has made an exception for drug possession offenses, probably because so many people have petty marijuana offenses on their records. Now, the following time periods apply for expunging a criminal conviction:
- 10 years in the case of a misdemeanor DUI conviction or a felony conviction for driving with a measureable amount of a controlled substance in the body and causing serious bodily injury to another in a negligent manner;
- seven years in the case of a felony;
- five years in the case of any class A misdemeanor or a felony drug possession offense;
- four years in the case of a class B misdemeanor; or
- three years in the case of any other misdemeanor or infraction.
Expungement is not available in the following situations:
- two or more felony convictions other than for drug possession offenses, each of which is contained in a separate criminal episode;
- any combination of three or more convictions other than for drug possession offenses that include two class A misdemeanor convictions, each of which is contained in a separate criminal episode;
- any combination of four or more convictions other than for drug possession offenses that include three class B misdemeanor convictions, each of which is contained in a separate criminal episode;
- five or more convictions other than for drug possession offenses of any degree whether misdemeanor or felony, excluding infractions and any traffic offenses, each of which is contained in a separate criminal episode;
- three or more felony convictions for drug possession offenses, each of which is contained in a separate criminal episode; or
- any combination of five or more convictions for drug possession offenses, each of which is contained in a separate criminal episode.
This year’s changes in the UEA are a great step in the right direction to help people who have made some mistakes in the past get a fresh start. Call our Utah expungement lawyers with additional questions and to find out how we can help you with the expungement process.
