In Utah, a criminal case can be closed either through a Nolle Prosequi or a Plea in Abeyance. What are the differences of the two? What is an expungement?
First, an Expungement:
An expungement is the removal of all court records (and police records) related to the case. This means that the case is removed from public record. This is obviously beneficial for many reasons, but primarily, an expungement removes the criminal charges from showing up in background checks. To attain an expungement, your lawyer will file a motion, and often argue in court.
Nolle Prosequi:
"Nolle Prosequi" is Latin for “no longer prosecuting.” In Utah, when the State enters a nolle prosequi, the State no longer pursues the case and drops the charges. Even though the case is dropped, a background check will show that the person was charged but not convicted. A Nolle Prosequi case is closed, and can be expunged almost immediately.
Plea in Abeyance:
A Plea in Abeyance is often misunderstood as "a plea of Obeyance." This is because a plea in abeyance requires the defendant to go a certain amount of time without any new charges. The court can also require the completion of actions like a fee, community service, a drug class, restitution, stay away order, etc. Once a certain time has passed without new charges, and the other requirements are completed, the case will be dismissed. HOWEVER, a background check will show the Charges and Plea. It is always beneficial to expunge a plea in abeyance after completion.
