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.


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