Posted by Stone River’s Criminal Defense Team
Last Updated
Yes. A plea in abeyance can appear on your record, even after the court dismisses the case. Dismissal and expungement are different. Completing your agreement does not, by itself, remove the records of your arrest or court case.
If you are concerned about a background check, start by confirming whether your case has been dismissed and whether its records have been expunged.
What Is a Plea in Abeyance?
In Utah, a plea in abeyance means the court accepts a guilty or no-contest plea but holds off on entering a judgment of conviction and imposing a sentence while you comply with an agreement.
The agreement sets out the conditions you must meet. Read it carefully with your attorney so you understand what you must do and what outcome it provides.
Does a Dismissed Case Still Show Up on a Background Check?
It can. A record of a criminal case is not the same thing as a criminal conviction.
A background check may find court records even when a state criminal history report does not show the case. BCI explains that a case missing from its records may still appear in court or corrections records. An empty BCI report therefore does not establish that every record has been cleared.
If a background report lists your case, keep a copy and compare it with the court’s dismissal order. Ask your attorney about any information that appears incomplete or inaccurate.
What Should I Do After Completing My Plea in Abeyance?
Confirm that the court has entered the dismissal. Finishing the agreement’s requirements and obtaining a dismissal order are separate steps. Some courts require a motion requesting dismissal.
Keep copies of your agreement, completion documents, and dismissal order. These can help your attorney evaluate your next steps.
Can I Expunge a Dismissed Plea in Abeyance?
You may qualify for expungement in Utah. Eligibility and timing depend on the dismissal, your other cases, and the applicable legal requirements.
Do not assume every dismissed plea in abeyance receives immediate automatic expungement. These cases have different rules from some other dismissals. Check whether your case qualifies for automatic relief or requires a petition.
What Does Expungement Do?
An expungement order restricts access to government records. It does not guarantee that every mention of the case disappears from the internet. Certain government agencies may still access expunged records.
Utah law generally allows a person whose arrest or conviction has been expunged to answer inquiries as though it did not occur, unless another law or court order requires a different response. Ask your attorney how this applies to the particular application or question you are answering.
Get Help Clearing a Dismissed Case in Utah
Stone River Law helps clients understand their record-clearing options. Our team can review your plea agreement, check the dismissal, and explain whether expungement is available.
For your consultation, bring your case number, plea agreement, dismissal order, and any background report that concerns you.
Contact Stone River Law to schedule a consultation at our Layton office.
Utah Courts’ Expungement Guide.
Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.