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About The Clean Slate Law

According to Utah’s Clean Slate website, nearly one in four Utahns have some type of criminal record. The site explains that having any kind of conviction can make it difficult for people to find employment, housing and other basic necessities.

In 2019, Utah lawmakers passed House Bill 431 (HB431), which requires the government to expunge certain types of misdemeanor criminal records. It went into effect on May 1, 2020, but efforts were delayed due to the COVID-19 pandemic. Legislators are making a new push to jump start the expunction process.

Qualifying Records

The Clean Slate website lists types of offenses that can be expunged, such as most class A, B, and C misdemeanors, and how much time must pass before they are sealed. In most cases, the waiting period begins as of the date of adjudication, acquittal or dismissal. To be considered, people must not have been convicted of a crime within the last 5-7 years.

Not every conviction will be eligible for expunction. Examples of records that cannot be expunged include:

• Registrable sex offenses.
• Domestic violence related offenses.
• Certain weapons related offenses.
• Simple assault.
• DUIs.

Employers In Utah

According to the state’s site, most employers in Utah support the Clean Slate Law. It notes that the Chamber of Commerce was a huge proponent of the bill. They encourage businesses to become corporate supporters and share their positive reactions to this legislation.

The bill is expected to improve public safety and strengthen communities. Various studies have shown that helping people with criminal records gain access to safe housing, employment, education and other opportunities reduces crime rates. This also tends to increase the number of qualified job seekers in the applicant pool, which is more important than ever as many businesses struggle to find the workers they need.

When A Record Is Expunged

Once a conviction is expunged, it is no longer publicly available. Records that are sealed in Utah won’t show up in the state's Court XChange Database or appear on a person’s criminal history. People who have records expunged may legally proceed as if that activity never occurred.

Noella Sudbury, Executive Director of the non-profit Clean Slate Utah, suggests about one-million records will be sealed for around 200,000 people. She commented: "It is life-changing for the individual because on the individual side they don't have to do anything. It's magic.”

Employment Background Checks

Criminal background checks compiled by Consumer Reporting Agencies like Backgrounds Online won't contain expunged records that may not be considered by employers. These reports provide current, accurate information that help hiring managers make informed decisions and maintain safe workplaces.

If your organization needs comprehensive background checks, please contact us. Our experienced team can help you customize screening packages for any position and get the data you need to build a strong workforce. We are available to assist you Monday through Friday from 5am to 6pm PT.