Plea in Abeyance - Utah Criminal Background Check
Will a plea in abeyance show up on my criminal background
check?
It is commonly believed that when a plea has been held in
abeyance in a
criminal case, and the charges are ultimately dismissed, that the case
will not appear on a criminal background check. This is incorrect. An
expungement is needed to more thoroughly clear your criminal history
and allow you to have a clean criminal background check. We can help
you obtain an expungement and clear your criminal record.
Contact us
today to see how we can help expunge your criminal record.
What will appear on my pre-employment criminal background
check?
What shows up on a criminal background check can depend both on the
status of your case as well as what information is being sought.
Understanding the processes involved in a plea in abeyance can help you
know what will appear on your background check.
Many employers request a criminal background check that only looks for
convictions. If a plea has been held in abeyance, it should not appear
on a criminal history report as a conviction - even before the case has
been dismissed. Although a plea in abeyance does involve the acceptance
of a plea (either guilty or no contest) by the court, the court does
not take the next step of entering the plea as a conviction. Instead
the plea is held "in abeyance" pursuant to the terms of an agreement
entered into by the defense and prosecution. So although the case may
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 possible about a
prospective employee. Such employers may conduct a criminal background
check that looks for arrests, court cases, or active arrest warrants.
Where a plea has been held in abeyance, even after the case has been
dismissed, it can still show up on this kind of background check.
How do I clear my record after a plea in abeyance is
dismissed?
Expungement provides the most direct avenue for clearing your record
following a successful plea in abeyance. Once the case has been
dismissed, a thirty-day waiting period is required before a defendant
can apply for a certificate of eligibility. (This is much shorter than
the three-to-ten year period required to be eligible to have most
convictions expunged.)
The
expungement process begins with an application to the Utah Bureau of
Criminal Identification (BCI) for a certificate of eligibility for
expungement. But this is only the beginning of the process. A formal
petition to expunge records must be filed with the court, along with
other documents required for the prosecutor. Following through on all
aspects of the process is necessary to complete the expungement and
obtain a clear criminal history report.
Finding a Utah Criminal Defense Attorney

If
you are facing criminal prosecution in Utah, a plea in abeyance may
provide a good alternative to resolving the case without a full jury
trial. But even after a case has dismissed, an expungement is necessary
to complete the process of clearing your official criminal history
report. As an
experienced criminal
defense attorney,
Stephen Howard has assisted clients and defended their rights from
initial police investigations through dismissals and expungements of
their records.
Contact us today to arrange for an initial confidential consultation, and see what we can do to help you.