Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

What kind of attorney handles expungements in Utah?

Technically, any attorney can represent you in an expungement proceeding, or you can represent yourself. But as a practical matter, your best chances of successfully expunging your criminal record will be achieved with the assistance of an experienced criminal lawyer.

Based in Salt Lake City, criminal defense attorney Stephen Howard has successfully assisted clients in obtaining expungements of charges ranging from serious felony convictions to multiple misdemeanors and dismissed plea in abeyance cases. Mr. Howard has also helped clients restore expungement eligibility through successful "402" motions to reduce the level of prior convictions.

If you are petitioning for an expungement, seeking a 402 reduction, or facing new criminal charges, contact us to arrange for an initial confidential consultation with Utah criminal lawyer Stephen Howard.

Expungement Process in Utah

The following is intended as a brief overview of the expungement process in Utah. If you are interested in filing a petition for expungement, the assistance of an experienced criminal lawyer is advised.

Certificate of Eligibility - The first step in the expungement process is the application for a certificate of eligibility. This application is submitted to the Utah Bureau of Criminal Identification (BCI). This agency is responsible for performing a criminal history check for court records from Utah as well as other states and federal courts. If BCI determines that a person meets the basic statutory requirements for expungement eligibility, then a certificate can be issued. In rare circumstances, BCI may issue a "special certificate" indicating that their records review is not able to confirm or deny eligibility, and that the court will need to make an eligibility determination.

Petition for Expungement -  Once a certificate of eligibility is issued, the person seeking expungement must file a formal petition with the court. The petitioner bears the burden of proving by clear and convincing evidence that the expungement is not contrary to the public interests.

Prosecutor or Victim Response - When a petition for expungement is filed with the court, a copy of the petition must be delivered to the prosecuting agency. The prosecutor is then responsible for attempting to contact any victims in the case. The prosecutor or victim may file an objection to the expungement petition. Or, if the petition is successfully persuasive, a prosecutor can file a consent to expunge the records and a waiver of further hearings on the expungement petition.

Hearing and Court Order - If the prosecutor or victim objects to the expungement petition, the petitioner has a right to a hearing with the judge. If the prosecutor has filed a consent and waiver, or if the judge is persuaded by the expungement petition following a formal hearing, the court will sign a formal expungement order.

Effect of the Expungement Order - An expungement order requires state and local government agencies to respond to inquiries for records concerning an arrest, conviction, or other expunged records (in most cases) as though the records did not exist. The expungement order also allows the petitioner/defendant to respond to "any inquiry" as though the arrest or conviction did not occur.

Finding a Utah Criminal Lawyer in Salt Lake City

Utah Criminal Defense AttorneyIn some cases, the Utah expungement process can be smooth and uncomplicated. In other cases, prosecutor's objections, victim's responses, and court hearings can result in an extended and complex process. Having an experienced criminal lawyer on your side can help ensure the best possible results for your expungement petition.

Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. Contact us to arrange for an initial consultation, and begin the expungement process.

RELATED CRIMINAL LAW TOPICS
Do I need a lawyer to handle an expungement in Utah?
How long does it take to get an expungement?
How do I get a 402 reduction in Utah?


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.