We often receive questions about the status a criminal court case records in Utah after an abeyance period (plea in abeyance) has been completed. The terms “dismissal” and “expungement” must be first understood.
Dismissal and Expungement – Defined
Dismissal means that the case is no longer pending or active, that there is no conviction, and no other proceedings on the case are expected. Dismissal does not change the accessibility of court records by the public.
Expungement is a separate process that must be undertaken in order to clear, seal, delete, and otherwise remove records from public view or access.
Plea in Abeyance (or “PIA”) in Utah
The most common kind of abeyance agreement results in the dismissal of charges after certain conditions have been met.
The Plea in Abeyance agreement with the court and prosecutor results in the case being dismissed. It is closed with no conviction ever being entered. But the case records still exist and can appear in background checks – but only as a “dismissed” matter.
Expungement of a PIA
Expungement is a separate legal process that goes beyond the dismissal. It involves filing a petition for expungement and obtaining a court order that directs the expungement of your record. If granted, expungement effectively seals the record of the case, making it inaccessible to most, and requiring agencies that may still have related records to respond to requests as though the case, records, etc. just don’t exist.
This means that, for most purposes, it will be as if the case never occurred. But only after the expungement process is complete.