When a Mistake Haunts You: The Emotional Weight of a Criminal Record
Imagine this: You made a mistake years ago. It might have been minor, like a disorderly conduct charge or a DUI when you were young and reckless. Maybe you took a plea deal to avoid jail time, thinking it would all go away eventually. But here you are, still being turned down for jobs, housing, even volunteer work at your child’s school.
This is not just a legal issue—it’s a deeply emotional and personal one.
A criminal record can follow you like a shadow. It doesn’t care how much you’ve grown. It doesn’t care if you’re a different person now. In Springville, Utah, and throughout the state, people with criminal histories often find that society quietly, but persistently, closes doors.
That’s where expungement and plea in abeyance come into play. These aren’t just legal terms. They’re lifelines.
Understanding Expungement in Utah: What It Is and Why It Matters
Expungement means erasing your criminal record—literally sealing it from public view. Once an expungement is granted in Utah, it’s as though the arrest or conviction never occurred for most purposes. This can be life-changing.
What Does Expungement Actually Do?
Removes your record from public databases (like background checks) Allows you to legally say “no” when asked if you’ve been convicted of a crime Opens the door to better job, housing, and educational opportunities
However, it’s not automatic—and it’s not always available.
Records Eligible for Expungement in Springville
Utah allows expungement of:
Certain misdemeanors and infractions Some felony charges after a waiting period Arrests where charges were dropped Dismissed cases Convictions resolved through a plea in abeyance
That last one is key, especially if you’re currently facing charges. A plea in abeyance can be the first step toward future expungement.
Records Not Eligible for Expungement
Expungement does not apply to:
Capital or first-degree felonies Violent felonies Felony DUIs Registrable sex offenses Felony automobile homicide
You can review eligibility details directly from Utah Courts.
What Is a Plea in Abeyance? The Hidden Second Chance You Didn’t Know You Had
The Basic Definition
A plea in abeyance is a legal agreement. You plead guilty or no contest to a charge—but the court doesn’t enter the conviction right away. Instead, it holds the plea “in abeyance” (on hold) for a set period, usually 6 to 18 months.
If you complete certain conditions—like probation, community service, or paying restitution—the charges are dismissed, and you avoid a conviction on your record.
Why It’s Powerful
Avoids a conviction that would otherwise disqualify you from expungement Signals to future judges or employers that you took responsibility and completed requirements Lays the foundation for a clean slate through expungement later
This process is especially relevant for first-time offenders or non-violent crimes.
Common Conditions of a Plea in Abeyance
No new legal trouble during the abeyance period Drug or alcohol treatment (if relevant) Classes or therapy (anger management, theft prevention, etc.) Community service hours Monthly check-ins with a probation officer or court program
If you complete the conditions, your record shows a dismissal instead of a conviction. If you mess up, however, the court can enter the conviction and proceed to sentencing.
The Step-by-Step Process for Expungement in Springville
Navigating expungement is not intuitive. The process involves paperwork, waiting periods, fees, and persistence. Here’s a breakdown.
Step 1: Get a Copy of Your Criminal History
Request your criminal record from the Utah Bureau of Criminal Identification (BCI). This helps you and your lawyer determine if your charges are eligible.
Step 2: Check Eligibility
Eligibility is based on:
The type of offense How long it’s been since your case closed Whether you’ve had other offenses since
Waiting periods can range from 3 to 10 years, depending on the charge.
Step 3: Apply for a Certificate of Eligibility
You must get a Certificate of Eligibility from BCI before you can even ask the court for expungement. This includes:
Fingerprints Fees ($65+) Time (processing can take 2–4 months)
Step 4: File a Petition for Expungement
Once you have the certificate, you file a petition with the court that handled your original case. You must:
Serve the petition to the prosecutor’s office Possibly attend a hearing if the prosecutor objects Wait again (several weeks to months)
Step 5: Order Signed by the Judge
If the petition is granted, the judge signs an expungement order. You’re responsible for sending that order to all relevant agencies to seal the records.
⚠️ Many people assume this is automatic. It’s not. You must follow through, or your record may still appear in public databases.
Step 6: Confirm It’s Been Removed
After a few weeks, check with BCI again to make sure the record was removed from public view.
How Expungement Impacts Employment, Housing, and Your Future
Job Applications
Most employers perform background checks, even for entry-level jobs. A criminal conviction—even a minor one—can block you from:
School district employment Healthcare positions Financial services Government jobs
Once expunged, you are legally allowed to say you have not been convicted of that crime.
Housing Applications
Landlords may deny you for any record, even if it’s old or minor. After expungement, that red flag disappears.
Firearm Rights
Expungement does not automatically restore your gun rights. You may need a separate court petition for that, depending on the charge.
Emotional and Social Benefits
Peace of mind: No more fear of someone “finding out” Confidence: In job interviews, school applications, and social settings Freedom: From the psychological weight of past mistakes
Why People Get This Wrong: Common Misconceptions About Expungement
Let’s clear up a few myths.
Misconception 1: “It’s Just Like a Pardon.”
No. A pardon forgives the crime. An expungement erases it from the record. Utah also offers pardons, but that’s a separate, rarer process through the Board of Pardons and Parole.
Misconception 2: “It Happens Automatically After a Few Years.”
Absolutely not. There is no automatic process. You must apply, pay fees, and provide documentation.
Misconception 3: “Law Enforcement Can’t See It.”
Law enforcement and courts can still see expunged records. But for most background checks (employment, housing, etc.), the record is invisible.
Misconception 4: “My Case Was Dismissed, So I Don’t Need Expungement.”
Even dismissed charges still show up in many background checks unless they’re expunged. That arrest record could still be a red flag.
The experienced criminal defense lawyers at Sitake & Wright are here to help. Schedule a consultation as soon as possible.