Utah Governor Gary Herbert signed House Bill 431 (HB 431) into law in March 2019, requiring the government to engage automated technologies in order to expunge all or some minor criminal records for qualifying individuals who have not been convicted of a misdemeanor crime in the last five to seven years. As a result, these items will not be reported on background checks and ex-offenders can legally respond to questions about criminal records as if those expunged activities never occurred. According to Clean Slate Utah (a non-profit coalition) the law could potentially expunge hundreds of thousands of current criminal records.

The law makes clear that, when a record is automatically cleared from a Utah resident's record, the individual will not be notified. Clean Slate Utah is offering affected residents guidance and support, including ways ex-offenders can receive communications when the expungement process is initiated.

Implementation of HB 431 was originally scheduled to go into effect in May 2020, but was delayed as a result of the pandemic.

Employers are encouraged to review the details of HB 431 as well as applicable internal resources. Interview processes and protocols should be revisited as applicants and employees are not required to answer in the affirmative or divulge any information regarding records expunged as part of the law.

Posted: February 24, 2022