Expungement Eligibility – Clearing Your Record
Having your criminal record expunged can open the door to opportunities you have been denied because of criminal convictions. Call us and start the process of clearing your record.
Starting the Expungement Process – 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). The agency 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 they determine 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
Petition for Expungement in Utah Courts
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 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.
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. You also may be denied eligibility if your criminal record is too long. If your record includes 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.)
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 Ann. 76-3-402. If you successfully completed probation, you are eligible under section 402 to 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 Utah 402 reduction may provide a way to remove the “convicted felon” label from your record by reducing even felony convictions to a misdemeanor level.
Finding an Expungement Attorney in Utah
We have assisted clients all over Utah and in various parts of the country to expunge their Utah criminal records. Whether you live in Utah or have moved somewhere new, in many cases we can complete the expungement process without you ever appearing in court.
Contact us now to begin the process today.