We all make mistakes. Sometimes these mistakes are minor and we can go on with life like nothing happened. However, some of these mistakes can result in jail or prison time, and these types of mistakes can have a lasting impact on your life. Right or wrong, many employers look at an applicant’s criminal history as part of the hiring process. Many potentially good employees will be turned down for jobs that they would have otherwise been good at due to mistakes in their past. However, if you have some mistakes that show up on your criminal background check, all is not lost. There are steps that you may be able to take that can amend your record.
Who Can Request To See Your Criminal History?
Utah Code Annotated §53-10-108 allows certain “qualifying entities” to request Utah criminal history information. These entities include those that deal with care, custody and control of children, fiduciary trusts, national security interests, and the care of vulnerable adults. The Volunteers for Children Act (public law 105-251), which modified the National Child Protection Act of 1993, was enacted to allow entities who care for children and vulnerable adults to request fingerprint-based National criminal history record checks for their volunteers and employees.
Federal law also allows officials of state and local governments authorized by state statutes to use FBI identifications records for the purpose of employment and licensing. The statute must exist as a result of legislative enactment. It must require fingerprinting of the applicants. It must expressly or by implication authorize the use of FBI records. It must identify the specific category of applicants. It may not authorize receipt of FBI criminal information by a private entity.
If the employer does not fall into one of the above-mentioned categories, then they still have the option of requesting their employees apply directly to the Utah Bureau of Criminal Identification or the FBI for a copy of their own criminal history. While come employers may request these background checks for reasons known only to them, other employers, such as firearms manufacturers, cannot hire individuals with certain offenses in their record due to the fact that they are restricted persons under Federal statutes from possessing or handling firearms and/or ammunition.
What can you do?
If you have a mistake in your past that is showing up on your criminal history and preventing you from obtaining gainful employment, there may be steps you can take to fix it. The Utah Expungement Act governs how to expunge records of an arrest or conviction in Utah, regardless of when a person was arrested or convicted. Expunging a criminal record does not change history; expunging a record means that the court orders the records of the arrest, investigation, detention and conviction in the criminal case sealed. Sealing a record means that the public cannot view or copy the record. Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of no contest.
Seek Help From An Experienced Attorney
If you seeking gainful employment, but having troubles due to a conviction on your record, the road can be difficult. Consulting with the attorneys at Hepworth, Murray & Associates can help you understand your options. The experienced criminal defense attorneys at the Hepworth, Murray & Associates may be able to assist you in obtaining an order to expunge your record, or provide other information and help that can put you in a better position. Contact our office today at 801-872-2222 or via our website to discuss your options.