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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  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

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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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