Utah is one of only 12 states that has a Clean Slate law. It was passed in 2019 with the intention of making it much easier to get an expungement. Salt Lake City police confirmed that after a massive backlog, they have cleared more than 74,000 criminal records as a result of this law as of August 2024, according to The Salt Lake Tribune.
If you’ve struggled because of your criminal record, the Clean Slate law may be a big help to you.
Before explaining how Utah’s Clean Slate law works, it’s important to understand what it means to get an expungement.
An expungement is when your criminal record is cleared of an offense. When it happens, the courts seal your records, and you can legally say you never committed the crime. If anyone asks government agencies, they’ll say the same thing.
Getting an expungement does not make it impossible to find your criminal records, however. An individual who wanted to see your criminal records could get permission from the courts, but that wouldn’t be an easy task. The person would need to prove there’s a compelling reason to see it. There are some professional licensing departments that can see beyond an expunged record.
The main benefits of getting your record expunged are employment and housing opportunities. Having a criminal record makes both of those necessities difficult to obtain.
According to The Salt Lake Tribune article cited, if you don’t have a criminal record, you’re 63% more likely for employers to give you a call back than someone who has one. In fact, people who have had expungements experience a pay increase of 22% on average.
The Clean Slate law allows you to get an expungement by doing nothing at all. If you haven’t committed a crime for a specified period of time, your record will be automatically cleared by the state of Utah.
The amount of time you’ll have to wait for your expungement to go through under Utah’s Clean Slate law depends on the crime.
It’s important to note there are limits to the Clean Slate law. You are generally limited to two automatic expungements from Class A misdemeanor drug possessions and three for Class B misdemeanors. Also, during the waiting period, you cannot be charged with any new criminal convictions during that time.
The only crimes that can be expunged automatically are most misdemeanors, infractions, minor regulatory offenses, acquittals, and dismissals. If you committed a felony, this law doesn’t apply. However, there are certain actions you can take.
Here are the misdemeanors that don’t qualify for automatic expungement:
If you have a crime on your record, and it doesn’t qualify under the Clean Slate law, not all hope is lost. There are still a couple other options that you can take.
In most cases, you can petition the courts to get your records expunged. Waiting periods are still applicable, but they’re different from the automatic expungements:
With the petition system, the time starts on the latest of these three start dates: the day you were convicted, the day you were released from jail or prison, or the day you completed probation or parole. On top of that, you need to have paid any fees, fines, or restitutions related to your case in order to qualify. There are other limitations that may apply to your specific situation.
There are certain crimes that cannot be expunged through the petition system:
If you don’t qualify for a petition for expungement, you can seek a pardon. Pardons are decided by the Utah Board of Pardons & Parole. You must wait at least five years after any kind of sentencing or supervision is complete, and you generally have to have paid all the fines and fees associated with the case. You also must demonstrate that you have been a good citizen who has been rehabilitated.
The biggest limitation to the Clean Slate law is that the state of Utah has been having a hard time catching up with the work that needs to be done with it. While it was passed in 2019, it didn’t go into effect until 2022. This is partly due to complications with the COVID-19 pandemic. Plus, it has been plagued with funding issues.
As a result, many qualified people still don’t have their records clear. Fortunately, you can expedite the process for your own case by hiring a competent attorney who understands the process. They’ll be able to file the necessary documents with the courts to help you clear your records.
An experienced lawyer can also help you if you don’t qualify for automatic expungement. If you need to get a regular petition started or you need to seek a pardon, your lawyer can be a huge asset to you.
No matter what your situation is, if you’re seeking to get your records clear, you’ll want an attorney who specializes in pardons and expungements. You’ll find that in Michael T. Holje. He’s been practicing law since 2003. In more than two decades of work, he has amassed a wealth of experience and knowledge that has helped countless clients.
He would love to work with you to ensure you can get the legal forgiveness you seek, so you can move on with your life.
Call (801) 532-5297 for a free consultation.
