A drug conviction can affect many areas of your life, including job opportunities and housing. In Utah, however, you may be able to have a drug conviction expunged, meaning it’s sealed from your criminal record giving you a fresh start.
What Is Expungement?
Expungement is the legal process of sealing your criminal record. If a drug conviction is expunged, all records related to your case—such as arrest records and investigation details—are hidden from public view. This means employers, landlords, and others who conduct background checks won’t be able to see your conviction.
Expunging your record can significantly benefit your future by making it easier to find a job, rent a home, and repair your reputation.
Benefits of Expunging a Drug Conviction
Expunging a drug conviction can help you:
- Find employment: Many employers are hesitant to hire someone with a criminal history. An expunged record can improve your chances of securing a job.
- Secure housing: Landlords often run background checks, and a criminal record can make it harder to find a place to live. Expungement can make this process easier.
How Do I Qualify for Expungement?
To qualify for expungement, you must meet several conditions, including:
- Wait the required amount of time:
- For felony drug convictions, you must wait 5 years after completing your sentence (including probation).
- For misdemeanor drug convictions, you may qualify sooner than 5 years depending on the circumstances of your case.
- Other requirements:
- No new criminal charges during the waiting period.
- All fines, fees, and restitution must be paid in full.
- You cannot be on probation, parole, or facing new charges.
What Might Disqualify Me?
Not every case is eligible for expungement. Some common disqualifications include:
- Serious crimes: If you were convicted of a violent felony or certain other serious crimes, you cannot expunge your record.
- Multiple convictions: You may be disqualified if you have multiple convictions for separate offenses.
- Ongoing legal issues: If you are still serving your sentence or on probation, you won’t be able to expunge your record.
The Expungement Process
If you meet the eligibility requirements, here’s a simplified overview of the expungement process in Utah:
- Check your eligibility: An attorney can help you determine if you qualify for expungement.
- Obtain a certificate of eligibility: You’ll need to get this certificate from the Utah Bureau of Criminal Identification (BCI), which your attorney will assist you with.
- File a petition: Once you have the certificate, your attorney will file a petition with the court to request the expungement.
- Court hearing: In some cases, a hearing may be scheduled. The prosecutor may object, but your lawyer will argue why your conviction should be expunged.
- Court decision: If the judge agrees, your record will be expunged, and the conviction will no longer be visible to the public.
Conclusion
Having a drug conviction on your record can make life challenging, but in Utah, expungement offers a chance to move on. If you meet the requirements, expunging your conviction can improve your employment opportunities, housing options, and overall quality of life.
The expungement process can be complicated, but with the help of a qualified attorney, you can navigate through each step successfully. If you’re ready to move forward, contact an attorney to discuss your options for clearing your drug conviction in Utah.