On February 10, 2022, the Utah “Clean Slate” law that expunges certain types of misdemeanor criminal records automatically will officially take effect to help the residents of Utah who have some type of criminal record that may prevent them from accessing jobs, housing, education, loans, and other opportunities.
In March 2019, Utah Governor Gary Herbert signed House Bill 431 (HB 431) into law to make Utah the second state in the nation to enact a “Clean Slate” law and require the government to use technology to automatically expunge minor criminal records for qualifying individuals who have remained crime free for a set period of time.
Under HB 431, ex-offenders who have not been convicted of a misdemeanor crime in the last 5 to 7 years may have all or part of their criminal record automatically expunged so it will not show up on background checks and ex-offenders can legally respond to questions about criminal records as if the criminal activity never occurred.
HB 431 originally took effect May 1, 2020, but implementation was delayed due to the COVID-19 pandemic. “Utah’s Clean Slate law is estimated to clear 200,000 historical criminal records automatically, and is projected to effect hundreds of thousands of criminal records into the future,” according to non-profit Clean Slate Utah.
“However, the law has no direct notification requirement, meaning individuals whose records are automatically cleared will not receive notice that their record has been cleared,” warned Clean Slate Utah, which offers a way for ex-offenders to receive an email or text notification when automatic record-clearing begins.
“Although Utah has a legal expungement process, the process is so costly, time-consuming, and complicated that more than 90 percent of people eligible to clear their records have not made it through the process,” said Clean Slate Utah, whose mission is to help people clear their criminal records and access opportunity.
Employment Screening Resources® (ESR) – a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services – offers a white paper about “Ten Critical Steps for Ex-Offenders to Get Back into the Workforce” for job applicants with criminal records. To learn more, contact ESR today.
NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
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