Have you moved to Salt Lake City and wondered, ‘Will Utah honor an out-of-state non-disclosure for a DWI conviction?’ Moving from one state to another can sometimes result in unexpected complications—especially when it comes to something as sensitive as a criminal record.
If you’ve recently relocated to Utah and are facing the issue of a sealed DWI conviction from another state showing up on your background check, you’re not alone.
Many people find themselves in similar situations, wondering whether their legal records can be kept private, particularly when the record has been sealed or expunged in their former state of residence.
Finding out if Utah honors an out-of-state non-disclosure doesn’t have to be hard when you understand the legal landscape. Let an experienced Salt Lake City DUI attorney guide you through the complexities and how to protect your rights.
Understanding What a Non-Disclosure Means for Your Criminal Record
A non-disclosure is a legal order that allows individuals who have completed specific requirements (such as probation, substance abuse treatment, or a veteran’s treatment court) to have their criminal record sealed from public view. Depending on the state in which you received a conviction, a non-disclosure order may also be referred to as sealing your record.
The vital fact to remember is that a non-disclosure order does not erase the conviction. Rather, it limits access to the information. The order prohibits public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from disclosing certain criminal records.
Why Is Your DWI Showing Up in Utah?
Even though your DWI conviction was sealed in another state, your change of residence to Utah complicates matters somewhat. When you change your driver’s license from your former state of residence to Utah, the Utah Driver’s License Department (DLD) likely received information about your DWI conviction through the Interstate Driver License Compact (IDLC). This is an agreement between states that allows for the sharing of driving-related offenses and criminal records, such as DWI convictions, between states.
In Utah, a conviction that appears on your driving record will typically show up during background checks conducted by employers. While the record is sealed for public purposes, there is no legal obligation requiring that Utah honor an out-of-state non-disclosure order when it comes to your driving record.
Will Utah Honor an Out-of-State Non-Disclosure Order?
The short answer to this question is that Utah is not required to automatically honor an out-of-state non-disclosure from another state when it comes to your driving record.
Although a non-disclosure order may seal your criminal history in your previous state, Utah’s legal system operates independently, and the state is governed by its own laws and procedures regarding criminal records. Utah may not be obligated to remove the conviction from your driving record, as the non-disclosure is specific to the other state’s legal system.
While the answer to “Will Utah honor an out-of-state non-disclosure order?” is that it depends, there are several steps you can take as a resident of Utah to remedy your situation and move on with your life.
Expungement or Sealing of Utah Record
One potential course of action would be to explore whether you can have your Utah driving record sealed (with the same implications as a non-disclosure from another state) or expunged (removed from your criminal record entirely).
While Utah’s laws on sealing and expungement are different from other states, you may be eligible to petition for the same protection based on the fact that the conviction was sealed in the other state and that you meet Utah’s eligibility criteria. If successful, this could effectively result in having Utah honor an out-of-state non-disclosure order, preventing the conviction from showing up on background checks conducted in Utah.
See Also: Clearing Your Slate: How To Get A DUI Off Your Record in Utah
Consult with an Experienced DUI Defense Attorney
Because your case involves multiple states, you would be wise to consult with a Utah DUI defense attorney who is familiar with the interplay between the legal systems in other states as well. An attorney can help you understand whether there is any legal argument to be made for enforcing the Texas non-disclosure order in Utah or for pursuing additional legal actions to seal or expunge your Utah record.
Read Also: Getting Your DUI Charges Reduced in Utah: How an Attorney Can Help
Address the Issue Directly with Employers
If you are concerned about a potential Utah employer finding out about your DWI conviction from another state, you may want to consider addressing the situation directly with the employer.
While it may not solve the problem legally, transparency and proactive communication with your potential employers may sometimes result in a more favorable outcome.
If the DWI conviction shows up, you can explain that while there is no obligation that Utah honor an out-of-state non-disclosure order, the previous state has sealed your record based on the fact that you have satisfied all the terms of your sentencing.
What Are Your Next Steps?
Navigating the legal complexities of having a sealed criminal record in one state while living in another can be frustrating, but there are options available to you. The first step is to consult with a qualified criminal defense attorney in Utah to discuss whether it’s possible to have your driving record sealed or whether there are any legal avenues to pursue in order to enforce the other state’s non-disclosure order in Utah.
Your attorney may also be able to help you understand Utah’s laws and guide you through the process of petitioning for record sealing if you qualify. While having Utah honor an out-of-state non-disclosure is not a given, there may still be ways to protect your privacy and ensure that your past conviction does not affect your future opportunities.
Read More: Searching for The Best DUI Attorney? Avoid These Mistakes
Will Utah Honor An Out-Of-State Non-Disclosure? Call Intermountain Criminal Defense To Learn Your Options
It’s not uncommon for individuals moving between states to encounter issues related to criminal records, particularly when those records have been sealed in one jurisdiction but continue to show up in another. While Utah may not be obligated to honor another state’s stance on sealing a criminal record, there may be legal steps you can take to limit the impact of your DWI conviction on your future.
If you find yourself in a situation like this, seeking professional legal counsel is always a wise first step. An experienced Salt Lake City drunk driving defense attorney can provide you with the guidance and strategies you need to resolve this issue in the best possible way.
If you’re in Utah and dealing with similar issues, don’t hesitate to reach out to Intermountain Criminal Defense. Don’t put your future in jeopardy; contact us today for your free, confidential consultation. We can help you navigate these complexities and protect your rights as you pursue new opportunities.
