Category: Expungement
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Expungement Eligibility – Unfiled Charges
Eligibility to Expunge Police Records – No Charges Filed Question: I was arrested on a misdemeanor, but charges were not filed. I applied to BCI for a certificate of eligibility for expungement, and received a letter saying that…
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Expungements – Violent Felony Charges
While a violent felony may not be initially eligible for expungement, there are other options that may be available for clearing your criminal record. A 402 reduction can sometimes be used to restore eligibility. Pardon is another option…
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Employers and Criminal Background Checks
Can I keep an employer from seeing my felony conviction in Utah? Being convicted of a felony in Utah can dramatically affect your ability to get or keep a job. More and more employers are doing background checks…
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Burden of Proof in Utah Expungement Petitions
Question: Who bears the burden of proof to in a petition to expunge criminal records in Utah? Utah expungement law has changed from time. Previous versions of Utah’s expungement statute provided a presumption that if a person qualified…
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Restoring Gun Rights in Utah
Options for Restoring the Right to Own or Carry Firearms The Second Amendment to the United States Constitution guarantees to individuals the right to keep and bear arms. However, Utah law imposes certain restrictions on that right, and…
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Expungement Processes in Utah
Burden of Proof and Court Hearings for Expungement Without the stipulation or consent of the prosecutor on a petition for expungement, the court may require a formal hearing to determine whether the expungement should be granted. This page…