Is there any way to get an underage drinking and possession offense to not show on my permanent record?

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Is there any way to get an underage drinking and possession offense to not show on my permanent record?

I got pulled over walking home and given a ticket for illegal consumption and possession (I blew the equivalent of 1 beer). My court date is in 2 monthsnand I was wondering if there was anything I can do so it doesn’t show on my record. Its my first and only offense and has some major effects on my job/housing if it goes on my record.

Asked on July 26, 2012 under Criminal Law, Utah


Russ Pietryga / Pietryga Law Office

Answered 11 years ago | Contributor

Yes.  There are a couple of ways to keep it off your record.  Assuming you do not want to file any motions to get rid of the evidence; there are a couple options.

First, and best, would be a diversion.  This is how it works: At the time of filing of an information or indictment and prior to conviction, the proscuting attorney may, by written agreement with the defendant, filed with the court, and upon approval of the court, diver a defendant to a non-criminal diversion program.  This will keep you from having a criminal record.

Second, and almost as good, would be a plea in abeyance. This is how it works:

            Upon motion of the prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering the judgment of conviction against him nor imposing sentence upon him on condition that he comply with specific conditions as set forth in a plea in abeyance agreement.

            “Plea in Abeyance agreement” means an agreement entered into between the prosecution and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance.


In short, if you comply with all the terms and conditions of the "Plea in Abeyance" it will get dismissed.


Hope this helps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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