Q: If the state cannot find my arrest and conviction records
If the state cannot find my arrest and conviction records for what ever reason like lost or destroyed and have no backup can I challenge same and prevail
It depends. The first thing to do is to request your criminal history from the Utah Bureau of Criminal Identification.
You can do so here: https://bci.utah.gov/criminal-records/
If there is nothing on it, then if someone requests your state criminal history, such as an employer, they will see no history.
If there is history, you may be able to expunge that history from the State's records.
See here for info about expungement: https://www.utcourts.gov/howto/expunge/
and here: https://bci.utah.gov/expungements/
If you need to expunge, it may be best to hire an attorney.
You should also know that even if the State of Utah has no criminal history for you, or if that history has been expunged, the FBI may still retain records of an arrest, charge, or conviction. However, this criminal history is less likely to affect your life.
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