Do I need a lawyer for an expungement in Utah?
It is technically true that you do not need a lawyer to handle an
expungement in the Utah court system. But representing yourself in a
petititon for expungement may not be the best choice. The expungement
process requires strict compliance with rules and processes. Some
people are successful in handling their own expungements. But many
people run into problems that could have been avoided with the
assistance of an experienced criminal attorney.
As a Utah
criminal lawyer
based in
Salt Lake City, Stephen
Howard offers expungement services to clients throughout the state. He
has assisted clients in obtaining expungements in a variety of
circumstances, ranging from serious felony charges to repeat offenders.
Contact us today to arrange for a confidential consultation.
Certificate of Eligibility for Expungement
The expungement
process begins with a formal request for the issuance of a certificate
of eligibility. This is perhaps the most straightforward step. It
involves a fill-in-the-blank form, fingerprints, and payment of a small
fee to the Utah BCI. Some people mistakenly believe that obtaining the
certificate of eligibility completes the expungement process. It is, in
fact, just the beginning.
Restoring Eligibility for Expungement
A request for a certificate of eligibility is sometimes denied for
relatively simple reasons. Perhaps a fine or restitution is still
owing. Maybe you miscalculated the required waiting period for
eligilibty. These problems can be remedied rather easily, by either
paying off the outstanding balance on the case or waiting a little
longer.
But
in other circumstances, the expungement certificate of eligibility is
denied because you have too many convictions, or the severity of the
crimes is too high. In such cases, expungement eligibility can often be
restored through a process often referred to as a "402 reduction" in
the level of the offense. The 402 reduction process can also be used in
some cases to speed up the eligibility time frame.
Petititon for Expungement
Once a certificate of eligibility has been issued, a formal petition
for expungement must be filed in the court where the charge was
originally filed. (If no case was ever filed, a petition to expunge
records of the investigation or arrest should be filed in the district
court for the county where the incident occurred.)
Under prior Utah law, getting a petition granted was relatively easy. The
previous expungement law provided that if a certificate of eligibility had been issued, your expungement petition should
be granted unless the prosecutor could prove that the
expungment was contrary to the public interest.
Changes
in Utah law
have shifted the burden of proof for an expungement on to the
petitioner. The newer revisions to Utah's expugement statute now place
the burden of proof on the petitioner to demonstrate that the
expungement is not contrary to the public interest. The petitioner is
required to meet this standard by "clear and convincing evidence."
Following Through on the Expungement
Simply filing the petition for expungement is not the end of the
process. Prosecutors or victims may object to the expungement. You have
the right to request a formal hearing, where you have the right to
present evidence and argument to the court in support of your
expungement petition.whemust be prepared to present your case to the
court at a hearin
Even after the court has ruled in your favor, the expungement process
is not complete. You must present a proposed expungement order to the
court. After this order is signed, the court records will be expunged.
But in order to have the matter cleared from your criminal history
report and from other government agencies, certified copies of the
order must be delivered to each of the necessary agencies.
Failure to comply with all statutory requirements or to
correctly follow each of the necessary steps of the expungement process
can result in
failure. In some cases, people representing themselves have mistakenly
believed that
they correctly followed the required expungement procedures, only to
find out later that their charges were still showing in official
government
records.
Finding an Expungement Attorney in Utah

If you believe you may be eligible for an expungement in Utah, contact
our Salt Lake City offices to arrange for an initial consultation. We
can often tell you over the phone whether or not you are
eligible to start the expungement process. We can also help you
determine whether avenues are available for restoring your expungement
eligibility.
With offices based in Salt Lake City, we have handled expungements for
clients throughout Utah. We have also handled
Utah expungement for clients who are now living outside of Utah - often
completing the process without requiring the client to return to Utah
for
any hearings.
Whether
you handle your expungement yourself or hire a criminal attorney,
getting an expungement is well worth the effort. Having your
criminal records sealed, being able to report to potential employers
that you have no criminal convictions, and the restoration of rights
that may have been lost due to prior criminal convictions - these are
some of the benefits of having your Utah criminal record expunged.
Contact us today to start
the expungement process.
RELATED QUESTIONS:
What are the eligibility requirements for an expungement in Utah?Who has the burden of proof in a Utah expungement petition?Is there a way to speed up the expungement process in Utah?