Davis County Utah

Employers & Criminal Background Checks


Stephen Howard — Stone River Law

Can I keep an employer from seeing my felony conviction in Utah?

Being convicted of a felony in Utah can dramatically affect your ability to get or keep a job. More and more employers are doing background checks as part of their pre-employment screening practices. Even if you already have a job, your employer may choose to fire you if it is discovered that you have been convicted of a felony. Speaking with an experienced Utah criminal defense attorney before deciding how to handle your criminal case is vital to protecting your rights your future employment prospects.

In Utah, adult criminal convictions are considered a matter of public record, and your employer will be able to find out about a felony conviction as part of a criminal background investigation. While you can’t keep your employer from finding out about your criminal record in Utah, there are steps you can take to actually change what is on your criminal record.

Utah law provides a way to reduce a felony conviction to a misdemeanor. Under Utah Code 76-3-402, a person who has successfully completed probation can petition the court to reduce a charge by up to two steps. For most felonies, this will reduce the charge to a misdemeanor. This process is often called a “402 reduction.”

Utah law also allows most criminal convictions, charges, and even arrests to be completely expunged from your criminal record. You must meet certain qualifications relating to the number of convictions on your record and the length of time since the last criminal incident. But if you meet the requirements for expungement in Utah, you may petition the court to have your record expunged.

Getting and keeping a job is just one of the many areas of your life that a criminal conviction can affect. In Utah, the consequences of even a minor criminal conviction can be severe. If you are facing criminal prosecution in Utah, an experienced criminal defense attorney can help give you the best chance of obtaining a favorable outcome.

Contact us today to schedule an initial consultation.