Expungement (also called “expunction”) is a court-ordered process in which the legal record of an arrest or a criminal conviction is sealed, or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as “setting aside a criminal conviction.” The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to several factors, including the state or county in which the arrest or conviction occurred. In some jurisdictions, it’s not possible to get an expungement. An expungement ordinarily means that an arrest or convictions sealed, or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. For example, when filling out an application for a job or apartment, an applicant whose arrest or conviction has been expunged doesn’t need to disclose that arrest or conviction. In most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual’s criminal record. An expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. An expungement will ordinarily be an accessible part of a person’s criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. This limited accessibility are sometimes referred to as a criminal record being “under seal.” In some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration/deportation proceedings, an expunged conviction that is “under seal” may still be considered as proof of a prior conviction. Eligibility for Expungement • Juvenile offenses: People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they’ve otherwise stayed out of trouble with the law. Class B Misdemeanors Facing Marijuana Possession Charges In Utah Cannabis LawyerWhen you need legal help with Cannabis Law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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