Legal Question in Criminal Law in Utah

Expungement

Someone I know committed the class B misdemeanor of theft over 3 years ago and plead guilty. This person now wants the charge erased. Is it possible for that person to go back in the case and have the charge covered under youthful offender laws? If not what is the best thing to do to expunge the charge to the fullest extent. The offneder was just over 18 at the time of trial and was influenced by habitual substance abuse. What is the best thing to do to blot this mistake out and have once again a clean record and even the possibliity of holding public office in the future?


Asked on 10/29/07, 4:48 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Expungement

The only thing he can do is seek expungement, meaning a Petition to the court to withdraw and dismiss the conviction. To qualify he must have successfully completed all terms of his probation without further legal problems. If successful in expungement, he gets to say 'no' to conviction questions on private employment applications, but not on applications for government jobs, security clearances, bonding, professional licenses, child care jobs, school jobs, etc. Records are forever, and there are consequences to our every action. Have him contact me if seriously interested in getting the legal help he'll need.

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Answered on 10/29/07, 7:44 pm


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