Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges


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

Utah Criminal Defense LawyerIf 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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.