How Long Does a Drug Offense Stay on Your Record in Utah? The Truth from Top Criminal Defense Lawyers

18 Oct 2023 /
How Long Does a Drug Offense Stay on Your Record in Utah? The Truth from Top Criminal Defense Lawyers
How Long Does a Drug Offense Stay on Your Record in Utah?
You made a mistake. After being charged with a minor drug offense, you served your sentence and turned your life around. But years later, the criminal record continues haunting you, limiting job opportunities and casting a shadow over your future.
In Utah, how long does a drug charge legally stay on your record? And what can you do to get your record cleared and regain freedom from the lingering consequences? Top Utah criminal and drug charge defense attorneys reveal the truth on drug offense records and your options for moving on.
Gravis Law is here to help you, along with thousands of other happy clients in Utah. Call us today at 385-380-5927 for the support and defense you deserve, or click here to schedule a free consultation.
It Depends on the Type of Drug Conviction
Not all Utah drug crimes are treated equally when it comes to lasting records. The length of time the offense remains on your criminal history depends on whether it was a felony or misdemeanor. For example, did you distribute drugs, forge a drug prescription, or only possess a small amount of illegal substances?
For felony drug convictions in Utah, the offense remains on your record permanently with no option to remove or expunge it. Examples of felonies include:
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Manufacturing
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Cultivating marijuana
With a felony drug record, your only option is to petition for a pardon from the Utah Board of Pardons and Parole after 5-10 years. However, pardons are rarely granted.
For misdemeanor drug convictions, the offense remains on your Utah criminal record for 7 years. Common misdemeanors include:
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Simple drug possession
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Possession of paraphernalia
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Being present where drugs are located
With misdemeanors, you can petition to expunge the charge after your sentence is complete and probation term expires.
How Drug Charges Impact Your Life in Utah
Beyond just stigma, a drug conviction on your record can close doors for years in areas like:
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Employment – Many employers conduct background checks and will not hire candidates with drug offenses.
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Housing – Landlords often deny applicants with drug charges to “protect” their properties.
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Education – You may be denied acceptance to certain colleges or trade certification programs.
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Financial aid – Drug convictions disqualify you from federal student loans and grants.
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Gun ownership – Under federal law, drug charges prohibit you from legally owning a firearm, even for self-defense.
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Travel – Drug felonies result in not being able to obtain a passport or being turned away at borders.
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Civic privileges – In Utah, you cannot serve on a jury or hold public office with a drug offense on your record.
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Child custody – Family court judges may use the offense to block you from obtaining custody rights.
This creates a painful catch-22. You serve your sentence hoping to move on in life, only to find old mistakes still trapping you for years.
Clearing a Utah Drug Charge From Your Record
For qualifying misdemeanor drug offenses, your best option is petitioning the court to expunge the conviction after your sentence is complete.
Utah expungement removes the offense from public criminal records. Private background checks may still show evidence of past charges, but legally employers and landlords cannot use expunged records against you.
To start the expungement process in Utah:
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Confirm eligibility – Make sure enough time has passed since the offense and that it qualifies.
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Obtain records – Retrieve your complete criminal history documents from court and police.
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File petition – Submit to the court explaining why you deserve expungement.
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Attend hearing – Judges usually require you to explain in person why expungement is justified.
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Receive court order – If approved, the judge will issue an order to erase the drug conviction.
With quality legal guidance, over 75% of petitions for Utah drug charge expungements are approved.
Avoid Plea Deals That Trap You Long-Term
The best way to avoid long-lasting collateral damage of a record is fighting the charges entirely or bargaining for an outcome without formal conviction.
A skilled criminal defense lawyer can often get charges dismissed or reduced so they:
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Remain off your public record
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Do not disqualify you from employment and benefits
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Enable you to honestly answer background checks as if the arrest never occurred
This spares you from the ramifications that linger long after a conviction stops feeling relevant.
Your Utah Criminal Defense Lawyer
With increasingly crowded jails, most minor drug offenses warrant only probation, fines, and rehabilitation programs – not lifelong destroyed opportunities. however , choosing the best drug offense attorney for you case is very important.
Gravis Law is here to help you, along with thousands of other happy clients in Utah. Call us today at 385-380-5927 for the support and defense you deserve, or click here to schedule a free consultation.
Frequently Asked Questions About Utah Drug Charge Records
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How do I find my Utah criminal record?
You can obtain your statewide criminal history report through the Utah Bureau of Criminal Identification for a $15 fee. This will list any past charges and convictions.
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What if I was convicted in another state, not Utah?
The offense remains on your record based on that state’s laws, unless you pursue expungement or sealing procedures specific to the jurisdiction.
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Can a judge order a case sealed even if the waiting period has not passed?
Yes, judges have some discretion to seal eligible cases before the standard waiting period based on demonstrated rehabilitation and other factors.
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Does a pardon completely clear my criminal record?
No, pardons do not expunge or erase records, but they do restore some civil rights lost with a felony conviction. The offense still remains documented.
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Do juvenile drug offenses disappear from my record at 18 in Utah?
No, juvenile records still remain visible to law enforcement and court authorities, and can be accessed in background checks until expunged.