Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney can do for you.
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

Utah Expungement Attorney Salt Lake

An expungement order can give a person with a criminal history a clean slate. If you are considering begining the expungement petition process in Utah, consultation with an experienced criminal defense attorney is highly recommended. Contact us today to arrange for an initial consultation with Salt Lake criminal lawyer Stephen Howard.

What is the intended purpose of the Utah Expungement Act?

Utah's Expungement Act does not contain an explicit statement of the legislature's intended purpose or goal in allowing a person to have his or her criminal record expunged. However, the language of the act provides strong support for the idea that an expungement is intended to allow a person to be freed from the legal restrictions and social stigma that can accompany a criminal conviction or arrest.

Utah courts follow the principle that “[t]he best evidence of the Legislature’s intention is the statute’s plain language.”  State v. LeBeau, 2014 UT 39, ¶20 (citation omitted). Thus, the language of the Expungement Act itself provides the best evidence of its own purpose.

The Utah Expugnement Act provides that a person whose criminal records have been expunged may “respond to any inquiry as though the arrest or conviction did not occur.” Utah Code §77-40-108(2). This suggests a legislative intent to allow the expungement petitioner to move forward in life “as though the arrest or conviction did not occur.”

For most purposes, a person who has had his or her criminal record expunged is freed from the legal restrictions that accompany a criminal conviction. For example, a person convicted of a felony or of a domestic violence-related misdemeanor charge can be prohibited from owning, possessing, or using a firearm. Obtaining an expungement of that conviction may remove that restriction. A person convicted of a felony may be excluded from potential employment, or may find housing rental applications rejected simply because of the felony conviction. An expungement will allow that person to respond to pre-employment questions or rental applications as though there had never been a felony conviction. There are, however, certain exceptions to this general rule, where a person's criminal history may still be accessed.

In enacting an expungement statute that allows a petitioner to move on “as though the arrest or conviction did not occur,” it appears that the legislature considered how the public interest may be affected by allowing such an expungement. Before an expungement may be granted, the person petitioning for expungement bears the burden of proving by clear and convincing evidence that the requested expungement is “not contrary to the interests of the public. . . .” Utah Code §77-40-107(8)(d). While the expungement allows a person to be freed from the consequences of a criminal record, the court must first be convinced that in doing so, public safety will not be compromised.

Finding a Criminal Lawyer for Expungements in Utah

Utah Criminal Defense LawyerClearing your record through the expungement process can provide significant benefits. The expungement process can be complex. Having an experienced criminal attorney on your side can help ensure the process goes smoothly.

Contact us today for an initial confidential consultation. We can often tell you over the phone whether you are eligible for an expungement. And if you are not immediately eligibile, we can talk about ways to restore expungement eligibility or alternate methods of clearing your criminal record.

RELATED UTAH EXPUNGEMENT QUESTIONS
Are there exceptions that allow the use of expunged criminal records in Utah?
Is an order under the Utah Expungement Act considered a "complete" expungement?
Which party has the burden of proof in a Utah expungement petition?


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 Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • 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 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • 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 Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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.