Utah Expungement Attorney Blog
Posted by Utah Criminal Defense Attorney Stephen Howard - All personal client information has been omitted to maintain confidentiality.
One
of the best things I get to do as an attorney is helping people find the
simple solutions to their problems. Sometimes the necessary solution is
complex, time-consuming, and costly. But in many situations,
consultation with an experienced attorney can reveal an easier way to
solve the problem.
I
recently received a call from a concerned father who was very confused
about why BCI had denied his adult daughter's application for a certificate
of eligibility for expungement. He believed that she had met all of the
requirements necessary for the issuance of a certificate of
eligibility. But BCI had denied her application. He was seeking advice
on how to appeal BCI's decision denying the application for a
certificate of eligibility.
As we discussed the history of
the case and reviewed the docket, it became apparent that there was a
much simpler solution to the problem.
Basis for BCI Denial of a Certificate of Eligibility for Expungement
The
rules governing BCI's decision to issue or deny a certificate of
eligibility for expungement are relatively straightforward. BCI does
not have authority to grant exceptions to the rules. If a person meets
the basic eligibility requirements, then BCI is required to issue a
certificate of eligibility. If the person does not meet those
requirements, then BCI cannot issue a certificate. In making this
determination, BCI is not permitted to consider extenuating
circumstances or the unique situation of the applicant. Instead, the
decision to issue the certificate is based on the number of
convictions, the level of any convictions, and the length of time since
the case was closed or any periods of probation or incarceration have
been completed.
The father in question had contacted me to
begin the appeal process to attempt reverse a determination of
ineligibility by BCI that he believed to be incorrect. In reviewing the
court records, the problem quickly became apparent. Although the
conviction had originally been entered as a felony, the level of the
charge had been subsequently reduced to a misdemeanor based on a 402
reduction motion. It the court docket had never been updated by the
court clerk to reflect the new misdemeanor level conviction. Instead,
it was still being reported in the State's computer databases as a
felony conviction.
The solution to the problem? A formal
appeal was not necessary. All that was required was a quick phone call
to the court clerk, who reviewed the records and updated the computer
docket. Problem solved.
In
situations where BCI has incorrectly interpreted the statutes
governing expungement eligibility or otherwise made a legal mistake, a
formal appeal or district court review of BCI's decision may be
required. But in some circumstances, a much simple solution may be
available.
Finding a Utah Criminal Attorney

Whether
you are facing new felony or
misdemeanor criminal charges, or are
looking to clear your record with a
402 reduction,
expungement, or
pardon, the assistance of an
experienced criminal lawyer is vital.
Contact us not to arrange for an initial confidential consultation with
Utah
criminal defense attorney Stephen Howard.
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