Being charged and convicted of a domestic violence offense can have a significant impact on your life. A domestic violence offense might make you a restricted person, meaning you can’t own or possess guns or other weapons. Additionally, domestic violence convictions often make it difficult for people to get jobs or to obtain housing. If you have a domestic violence offense, you may be able to get the offense expunged from your record.
Expungements:
In Utah, sealing a conviction from your criminal record is called an expungement. If a court orders your record to be expunged, all records about your case are sealed. This includes records of your arrest, the investigation, and a conviction from either a guilty plea or a verdict at trial. An expungement gives you a fresh start.
Benefits of Expungement:
If your criminal record is expunged, you can tell people that your conviction did not happen. Government agencies receiving your expungement order will say the same if asked. Having a clean record can change your life. A clean record may improve your employment prospects and housing opportunities and give you a clean slate to start over.
Qualifying for Expungement:
To qualify for expungement, you must wait the necessary amount of time: seven years for a felony, five years for a class-A misdemeanor, and 4 years for a class-B misdemeanor. Additionally, you have to meet other criteria established by law. For example, you must have paid all fines and fees and all restitution in full.
Expunging Domestic Violence Offenses:
In Utah, how long a criminal conviction will stay on your record depends on the level of offense you were convicted of. Generally, you are not eligible for an expungement for a felony offense for seven years from when you completed probation or were released from incarceration. For a class-A misdemeanor, that period is five years. For a class-B misdemeanor, it’s four years. Importantly, however, in Utah, domestic violence offenses are enhanceable for ten years. That means if you are convicted of a qualifying domestic violence offense and you get charged with another qualifying domestic violence offense in ten years, the level of offense can be increased by one level. That means you will be facing more serious penalties, including increased fines, jail, or even prison time. Because many domestic violence offenses are enhanceable for ten years, people often have to wait that period to expunge a domestic violence conviction.
Factors that will Disqualify You:
Utah law outlines several scenarios where you cannot qualify for an expungement no matter how much time has passed since your conviction. For example, suppose you were convicted of a capital felony, a first degree felony, or if you were convicted of a violent felony. In that case, you cannot have your criminal record expunged. Similarly, you cannot qualify for expungement if you are incarcerated, on parole, or probation. Particularly important in domestic violence cases, you cannot qualify for an expungement if there is a criminal protective order or a criminal stalking injunction in effect for the case.
Process of Expungement in Utah:
If you want to seek expungement of your conviction, finding the right lawyer to help you will help make the process much easier. In Utah, the process can take quite a bit of time.
First, you must determine if you qualify for an expungement. Your lawyer can help you figure this out. Then, you need to obtain a certificate of eligibility from the Utah Bureau of Criminal Identification. Once you receive that certificate, your lawyer will file a petition with the court, asking the judge to expunge your records. The prosecutor in your case might object to the petition. If that happens, you can have a hearing in front of the judge where your lawyer will argue on your behalf. Then, the judge makes the decision. If the judge grants your expungement petition, the court orders the history of your case sealed. No one can access sealed records without a court order.
This process may seem overwhelming. Your lawyer will help you complete the necessary paperwork, file it with the court, and argue your case in front of a judge if necessary.
Conclusion:
A domestic violence conviction on your record can have a lasting, negative impact on your life. If you would like to have your case expunged, seek advice from a competent attorney who can help you navigate the process of expungement.