Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
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Can I get an expungement in Utah if I still owe fines?

Utah Code section 77-40-105 sets out most of the requirements for obtaining an expungement in Utah.  Among other requirements for an expungement in Utah, this section requires that all fines and interest ordered by the court as well as any restitution ordered by the court or by the Board of Pardons and Parole be paid in full before BCI can issue a certificate of eligibility for expungement.  If you are seeking an expungement of your criminal record, you should consult with an experienced Utah criminal defense attorney.

Utah BCI has interpreted this section of the Utah Code as meaning that all fines and restitution in all cases must be paid in full before a certificate of eligibility may be issued for expungement of any charge.  This means that, for example, you may not receive a certificate of eligibility for expungement of a 10-year-old drug possession conviction if you still owe fines on a more recent traffic-related citation.  This may be true even if you are not seeking expungement of the traffic citation.

Successfully expunging a criminal record in Utah requires compliance with many statutory requirements.  Contact us today to schedule an initial consultation with one of our experienced attorneys.  Based in Salt Lake City, our attorneys provide assistance to clients throughout the state.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • 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 Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
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Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

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Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

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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

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