The love of my life has a bit of a sordid past. He has two felonies on his criminal record which is making it really hard for him to get into the field that he really wants to work on now that he’s been on the straight and narrow for 15 years. It seems really unfair that these convictions should now prevent him from succeeding in a field that he’ll find extremely rewarding and fulfilling (Social Work). Neither of the convictions is for a sexual crime. Do you think it’s possible to get them expunged or sealed? If they were sealed, could he still be denied work over them? Should I try first with the state, or would it be better to just go straight to a criminal defense lawyer?
Tags: Convictions, Criminal Defense Lawyer, Criminal Record, Felonies, Social Work
Dear Friend,
Surpisingly, he may be able to get these sealed or expunged. I imagine it’d be best to go to a criminal defense lawyer to help.
See
Can criminal conviction records be sealed (including expunged, erased, or purged)?
Yes, most misdemeanor and felony convictions can be expunged provided the individual has a limited criminal history, has no cases pending, and the following time periods have elapsed following completion of sentence: 15 years for multiple class B and C misdemeanors, 10 years for an alcohol- or drug-related traffic offense, 7 years for a felony and 3-5 years for a misdemeanor. Utah Code Ann. § 77-18-12. The following convictions may not be expunged: capital felony, first degree felony, second degree forcible felony, any sexual act against a minor, any registerable *** offenses, and attempt, solicitation, or conspiracy to commit these offenses. Utah Code Ann. § 77-18-12(1).
Unless adjudicated for murder or aggravated murder, juvenile records may be sealed upon age 18 and one year has elapsed since termination of juvenile court jurisdiction or after one year has elapsed from unconditional release if committed to the Division of Youth Corrections. During the one year waiting period the individual must not have been convicted of a felony or misdemeanor of moral turpitude and have no pending criminal proceedings. Utah Code Ann. § 78-3a-905(1), (2), and (5).
Your Friend,
Francesois