PIA (Plea in Abeyance) and Expungement in Ogden
A plea in
abeyance (PIA) can provide an avenue for achieving a full dismissal of
all charges in an Ogden felony or misdemeanor case. But a PIA can still
affect your criminal history in ways that you should understand before
entering into any abeyance agreement. If you have already had your
charges dismissed under a PIA, there are steps you can take to more
fully clear your criminal record. If you are facing new criminal
charges or trying to clear your record with an expungement, contact us
today to see how we can help.
Plea in Abeyance on a Criminal Background Check in Utah
Does a plea in abeyance show up on a criminal background check?
Despite
the ultimate dismissal of criminal charges where a plea has been held
in abeyance, the case can still show up on a criminal background check.
To more fully clear your criminal history, an expungement is needed. An
expungement order from the court will require BCI to remove all mention
of an arrest, charge, or conviction from normal criminal history
reports.
What will appear on a pre-employment background check?

What
will appear on a pre-employment criminal background check can depend
both on the status of your case and what information is being sought by
a prospective employer. Many employers will conduct a criminal
background check that only looks only for convictions. If a plea
was held in abeyance, it should not show up as a conviction on a
criminal history report - even before the case is dismissed. When a
plea is heldn in abeyance, the court accepts the plea of a guilty or no
contest but does not take the next step of entering the plea as a
conviction. Instead the plea is held "in abeyance" based on the terms
entered in the aggreement between the prosecution and defense. Although
the case will still be a matter of public record, it should not show up
on a criminal background check that is only looking for convictions.
Some
employers are interested in learning as much as they can about a
prospective employee. In these instances, employers might conduct a
criminal background check that looks for arrests, open or closed court
cases, active arrest warrants, or dismissals. Even after the case has
been dismissed, a plea that was held in abeyance can appear on this
kind of background check.
After a plea in abeyance is dismissed, how do I begin clearing my record?
Upon
dismissal following a successful plea in abeyance, the most direct
route to clearing you record is an expungement. Whereas a conviction
can require years of waiting before it will be eligible for
expungement, a dismissed plea in abeyance requires only a 30-day
waiting period for eligibility.
The first step in the
expungement process involves application to the Utah Bureau of Criminal
Identification (BCI) for a certificate of eligibility for expungement.
BCI conducts an initial investigation to determine basic statutory
eligibility.
Following issuance of the certificate of
eligibility, a formal Petition for Expungement must be filed with the
court. The petition must establish by clear and convincing evidence
that expungement is not contrary to the public interest. Accompanying
documents, including a proposed order, receipt, consent and waiver, and
other necessary documents must be delivered to the prosecutor's office
as well. Compliance with each step in the process is required in order
to complete the expungement and obtain a clear criminal history report.
Adults as “Minors” under Utah Alcohol Laws
A person who
reaches the age of 18 is, for most legal purposes, considered an adult.
However, Utah law provides an exception to this rule in the context of
a criminal charge for the possession or consumption of alcohol. For
these purposes of criminal prosecution, a person is still considered a
"minor" until the age of 21.
Ogden Criminal Defense Lawyer - Alcohol Charges
Stephen Howard has handled thousands of criminal cases in Ogden, Salt
Lake, and other cities in Utah. His
track
record includes serious
felony
cases such as murder, aggravated robbery, burglary, white collar fraud,
and much more. He also handles
misdemeanor
charges for clients throughout Utah.
If you are facing alcohol charges in Ogden or elsewhere,
contact us now to see how
we can help you.