Pages

Thursday, April 21, 2011

New Expungement Laws Makes Expungment More Difficult.

Utah's new expungement laws make it more difficult to clean up minor, youthful indiscretions.  To be eligible for expungement, the case now has to be explicately has to be dismissed with prejudiced, meaning it cannot ever be filed again.  Historically this has never been the case that a case was dismissed with prejudice.  So it used to be that if a case was dismissed without prejudice, the citizen could file for expungement after 30 days.  Now, the person must wait as if convicted of the charge unless the citizen gets the dismissal with prejudice from the judge in an order.  Here is the new eligibility statute:

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 40 Utah Expungement Act
Section 104 Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
77-40-104. Eligibility for expungement of records of arrest, investigation, and detention -- Requirements.
(1) A person who has been arrested with or without a warrant may apply to the bureau for a certificate of eligibility to expunge all records of arrest, investigation, and detention which may have been made in the case, subject to the following conditions:
(a) at least 30 days have passed since the arrest for which a certificate of eligibility is sought;
(b) there have been no intervening arrests; and
(c) one of the following occurred:
(i) charges were screened by the investigating law enforcement agency and the prosecutor has made a final determination that no charges will be filed;
(ii) the action against the person was dismissed with prejudice;
(iii) the person was acquitted at trial; or
(iv) the statute of limitations has expired on the offense.
(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.

If you are convicted of the crime, or the case was dismissed without prejudice, you must wait the time periods listed below before you can expunge:  (77-40-105)
i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) (DUI) or a felony violation of Subsection 58-37-8(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of a class A misdemeanor;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.

12 comments:

  1. Like Tourand, hundreds of thousands of Minnesota ex-offenders — adults with convictions who have completed the terms of their sentences, whether they be probation, parole or prison — face similar barricades to employment. In Minnesota, employers are allowed to make blanket prohibitions on hiring people with criminal records.
    coursework Writing Service

    ReplyDelete
  2. Regardless of I will totally a commitment of thankfulness is Academic Service all together for strong post with instructional practice shared on this site. There has never been another you. With no effort on your part you will completely be a comment mind boggling degree astonishing and set apart. No one gets any satisfaction from satisfying a troublesome person. When you show gratefulness, the social occasion from the standard of your thought sprouts and winds. respectable post, much regarded.

    ReplyDelete
  3. You're really stunning to share the post. I saw understanding it Buy Assignment , I will express the youths ought not continue by any structures. They need to gave all affiliations what they in truth are legitimizing. This Is astonishing among other Blog. Keep up mind blowing work. not very loathsome post, much respected.

    ReplyDelete
  4. I may need to express that this article truly persuaded me, Do my Essay for me and you give me best data. I would state I'm a stunning individual, and I take pride in the way that I treat everybody really well, so there's no edification behind anybody to ever come at me since I on a phenomenally basic level require the best for each other person. This Is striking among other Blog. Keep up exciting work. sensible post, much regarded. keep it up.

    ReplyDelete
  5. I am certain this post has offered me Essay Help Online some assistance with saving unmistakable hours of looking related shows just on find what I was seeking after down after down. I trust it's principal to reliably keep skilled and skim yourself with astonishing people, secure, and be better than anything faithful to everyone.

    ReplyDelete