Does a Utah plea in abeyance show on your record?
A plea in abeyance in a Utah criminal case can give you an opportunity to avoid having a criminal conviction on your record. But even after a plea in abeyance has been dismissed, an expungement must be pursued to clear your record.
The best criminal defense attorneys insist on fair courtroom procedures that enforce and respect clients’ rights.
If you are facing criminal charges in Utah, an experienced criminal defense attorney can help give you the best chance of successfully defending your case. Based in Salt Lake City, criminal attorney Stephen Howard provides legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.
How does a plea in abeyance work?
In most criminal cases, when a guilty plea or no contest plea is received by the court, the plea is entered as a conviction and the court can proceed to impose sentence. In cases involving a plea in abeyance, an agreement is reached with the prosecutor under which the plea is not entered as a conviction. Instead the plea is held in abeyance (given a suspended status), conditioned on successful compliance with the terms imposed by the court.
The best attorneys understand that the effects of a criminal charge extend beyond just the courtroom and case.
A plea in abeyance is a negotiated resolution that must be agreed upon by both the prosecutor and the defense. A judge cannot hold a plea in abeyance without the consent and agreement of the prosecutor.
It is important to remember that a plea in abeyance can still show up on your record – not as a conviction, but as a pending case. Most court records are considered public. While a plea in abeyance is not reported to BCI as a conviction. Court records will still show what criminal charges were filed, what plea was entered, and the status of that plea.
Once the abeyance period has passed and the terms of the abeyance agreement have been fulfilled, the case can be dismissed. It is important to follow up with the court to ensure that the dismissal order has been entered and recorded by the court. In some courts, the clerks will automatically process the dismissal. Other courts will require that a formal motion to dismiss be filed with the court along with a proposed order.
A successful defense strategy starts with an understanding of your goals and needs.
Does expunging a plea in abeyance clear your record?
As noted above, court records will show the charges, plea, and status of a plea in abeyance. Even after the case has been dismissed, court records will continue to show the original proceedings along with the dismissed status of the case.
Some people are only concerned with having the criminal charges dismissed. Others want to clear their record so that not even the dismissed case status appears. An expungement can be an important part of this process.
Under Utah’s expungement laws, a person is eligible to begin the expungement process 30 days after the dismissal order has been entered by the court. This waiting period is much longer than the period required to expunge convictions, which can be as long as ten years.
The right defense attorney can make the difference you need for your case.
An expungement order, after it has been properly entered and delivered to government agencies possessing records of the criminal arrest or court case, generally requires those agencies to respond to records requests as though the records in question did not exist. The expungement order further allows a person whose record has been expunged to “respond to any inquiry as though the arrest or conviction did not occur.”