Expungement vs. Pardon in Utah: Clearing Your Criminal Record

What is Expungement in Utah?

Expungement is the legal process of removing a criminal record from public view. If a record is expunged, it will not appear in most background checks, and individuals can legally state that they have not been convicted of the expunged offense. This option benefits those looking to move forward without past convictions affecting their future.

Types of Expungement in Utah

Utah law provides two primary paths for expungement:

1. Clean Slate / Automatic Expungement – Certain low-level offenses may qualify for automatic expungement under Utah’s Clean Slate Law without requiring a formal petition.
2. Expungement by Petition – More serious offenses require filing a petition in court.

The expungement process is governed by Utah Code sections 77-40a-201 through 203 and sections 77-40a-301 through 306.

Formal Petition for Expungement

For cases requiring a formal petition, multiple steps must be completed:

1. Obtain a BCI Certificate of Eligibility – The process begins by applying to the Utah Bureau of Criminal Identification (BCI). BCI conducts a background check, reviewing Utah court records, FBI databases, and records from other states to determine eligibility. BCI will deny the certificate if an individual has too many convictions or the convictions are too recent.
2. File the Expungement Petition – Once a certificate is issued, it must be included in a formal petition filed with the court.
   • If the case resulted in a conviction or was filed in court and later dismissed, the petition is filed in that court.
   • If the case involved only an arrest or investigation without charges, the petition is filed in the district court of the county where the incident occurred.
3. Victim Notification – If a victim is named in the case, the prosecution must notify them about the petition and provide an opportunity to respond or object.
4. Court Hearing – If there are no objections from the prosecution or victim, the court may grant the expungement without a hearing. However, a formal hearing will be scheduled if objections arise or the judge has concerns.
5. Signed Expungement Order Distribution – The process is not complete until the signed order is delivered to all relevant agencies. Only after receiving a certified copy will government entities be required to seal records and cease disclosure.

Benefits of Expungement

• Eliminates criminal records from most background checks
• Improves access to employment, housing, and education
• Restores certain rights, such as firearm ownership
• Allows individuals to respond to inquiries as if the offense never occurred

What is a Pardon in Utah?

A pardon differs from an expungement because it does not erase a conviction. Instead, it is an official forgiveness granted by the Utah Board of Pardons and Parole. A pardon serves as a formal recognition of rehabilitation and can open doors that a conviction might have closed.

Unlike the federal system, where the President grants pardons, the pardon process in Utah does not involve the governor. Instead, the Utah Board of Pardons and Parole, an independent body appointed by the governor and confirmed by the state senate, has the sole authority to issue pardons. Once appointed, the Board operates independently under the authority of the Utah State Constitution.

Pardon vs. Commutation

The Utah Board of Pardons and Parole has the authority to grant both pardons and commutations of criminal convictions:

• A pardon can have the same effect as an expungement, sealing court, prosecutor, and police records and removing the conviction from an individual’s BCI criminal history report.
• A commutation does not erase a conviction but reduces the severity of the offense. This can help in restoring rights and improving opportunities for employment and licensing.

The Pardon Process in Utah

A pardon is a more complex process than expungement and is granted only in rare cases. The steps include:

1. Meet Rehabilitation Standards – The applicant must demonstrate good behavior, stable employment, and community contributions.
2. Submit a Pardon Application – File an application with the Utah Board of Pardons and Parole.
3. Public Notice and Hearing – The Board may hold a hearing where the applicant presents their case.
4. Decision by the Board – The Board either grants or denies the pardon.
5. Issuance of a Pardon Certificate – If granted, the pardon serves as an official recognition of rehabilitation.

Benefits of a Pardon

• Provides formal recognition of rehabilitation
• Helps with professional licensing and employment restrictions
• Can restore certain rights, such as firearm ownership
• May qualify an individual for expungement if previously denied

Why Choose a Pardon Over an Expungement?

While both expungement and pardon help clear a record, they serve different purposes. Here’s why a pardon may be necessary:

• If you are ineligible for expungement – Some offenses cannot be expunged, but a pardon may still offer relief.
• If you seek official recognition of rehabilitation – A pardon can serve as a formal statement of good standing.
• If you need an alternative to expungement – A pardon can have the same effect as expungement, sealing records and removing convictions from a BCI criminal history report.

Both expungement and pardon provide a path toward a better future. Expungement offers complete removal from public records, while a pardon acknowledges rehabilitation and may help individuals regain lost rights. The best choice depends on your specific situation and eligibility.

For more information or advice, please call and schedule a consultation.