Having your criminal record expunged can open the door to opportunities you have been denied because of criminal convictions. Even if you are not eligible for an expungement, you may still qualify for a “402 reduction” that can reduce a felony conviction to a misdemeanor.
BCI Certificate of Eligibility
The first step in filing for a Utah expungement is to obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). BCI cannot issue an expungement order. Instead, BCI only determines if you have too have too many convictions, convictions that are too recent, or if the level of your charges is too high to meet the statutory eligibility requirements. If BCI determines that you are eligible, they will notify you with a letter that explains which charges or cases you are eligible to proceed forward on. If you choose
to pursue the expungement, you must return the letter to BCI with the required fee before BCI will actually issue the certificate of eligibility.
The best defense attorneys ask questions that police don’t.
Court Petition for Expungement in Utah
Once you obtain BCI certificate of eligibility, you must then file a petition with the proper court. In most cases, the expungement petition must be filed with the court where the case was filed and heard. In cases where no criminal charges were filed, the expungement petition is generally filed with the district court having geographic jurisdiction over the matter.
The petition serves as a formal request that the court order the expungement (or sealing) of your criminal records. The petition must be accompanied by the certificate of eligibility. In addition, the petition must contain information sufficient to establish, by clear and convincing evidence, that granting the expungement is not contrary to the public interest. If the prosecutor or victim objects to the expungement, the court is
required to hold a hearing to determine whether the expungement should be granted.
Delivering the Utah Expungement Order
If the petition for expungement is granted, the expungement process is not complete. Unless government agencies that maintain records of criminal case information (police, prosecutor, BCI, etc.) are presented with the court order, they will still make information about the case available to the public.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Government agencies retaining records relating to criminal arrests or convictions are required to comply withe the expungement order only after receiving a certified copy of the order. The petitioner must deliver copies of the expungement order to all government agencies in possession or any records relating to the expunged matter. Those records are then sealed, and made generally unavailable to the public. If the order is not delivered to
the agency, then the agency will respond as though the expungement was never completed.
Eligibility for Expungement in Utah
There are certain time requirements for having your Utah criminal conviction expunged. The waiting time for expungement eligibility only begins to run from the latest of either the date of conviction, release from incarceration, or termination from probation or parole. The waiting time for expungement of a felony charge is 7 years; 5 years for a class A misdemeanor; 4 years for a class B misdemeanor; and 3 years for a class C misdemeanor or infraction. If your case has been dismissed, or if you were arrested without charges being filed, you may be eligible for expungement 30 days after the dismissal or arrest.
Utah law imposes some limitations on what charges can be expunged. First degree felonies, violent felonies, felony DUI‘s, automobile homicide, and registrable sex offenses typically may not be expunged. In such cases, a pardon may be considered as an alternative option.
A good defense strategy should be designed to help you achieve your goals.
You also may be denied eligibility if your criminal record is too long. Historically, If your record included convictions arising from separate criminal episodes for two or more felonies, three or more misdemeanors (if two of them are class A misdemeanors), four or more misdemeanors (if three of them are class B misdemeanors), or five or more crimes of any degree other than infractions.
(The legislature in 2013 passed amendments to the expungement eligibility statute making exceptions for eligibility for multiple drug possession cases, and has made several additional changes to eligibility requirements since then. Determining eligibility is more complicated now, but in general the changes made by the legislature have expanded eligibility.)
402 Reductions and Expungements
The waiting time for a Utah expungement can sometimes be shortened by first having the level of your charge reduced under Utah Code 76-section 3-402. If you successfully completed probation or parole, or if you meet other qualifying conditions, you can petition the court for a one-step or two-step reduction in the level of the conviction. A section 402 reduction can also be useful if you are denied eligibility for expungement due to multiple felony convictions or too many misdemeanor convictions. In those cases, a 402 reduction may provide a way to remove the “convicted felon” label from your record by reducing even felony convictions to a misdemeanor level.
Choosing the right attorney can be the most important decision you make.
Finding an Expungement Attorney in Utah
We have assisted clients in various parts of the country to complete their Utah expungements. Whether you live in Utah or have moved somewhere new, we can often complete the expungement process without you ever appearing in court.
Contact us now to begin the process today.