What kind of attorney handles expungements in Utah?
Technically, any attorney can represent you in an expungement
proceeding, or you can represent yourself. But as a practical matter,
your best chances of successfully expunging your criminal record will
be achieved with the assistance of an experienced
criminal lawyer.
Based in Salt Lake City, criminal defense attorney Stephen Howard has
successfully assisted clients in obtaining
expungements of charges
ranging from serious
felony convictions to multiple
misdemeanors and
dismissed
plea in abeyance cases. Mr. Howard has also helped clients
restore expungement eligibility through successful "402" motions to
reduce the level of prior convictions.
If you are petitioning for an expungement, seeking a
402 reduction, or
facing new criminal charges,
contact us to arrange for an initial
confidential consultation with Utah criminal lawyer Stephen Howard.
Expungement Process in Utah
The following is intended as a brief overview of the expungement
process in Utah. If you are interested in filing a petition for
expungement, the assistance of an experienced criminal lawyer is
advised.
Certificate of Eligibility -
The first step in the expungement process is the application for a
certificate of eligibility. This application is submitted to the Utah
Bureau of Criminal Identification (BCI). This agency is responsible for
performing a criminal history check for court records from Utah as well
as other states and federal courts. If BCI determines that a person
meets the basic statutory requirements for expungement eligibility,
then a certificate can be issued. In rare circumstances, BCI may issue
a "special certificate" indicating that their records review is not
able to confirm or deny eligibility, and that the court will need to
make an eligibility determination.
Petition for Expungement
- Once a certificate of eligibility is issued, the person seeking
expungement must file a formal petition with the court. The petitioner
bears the burden of proving by clear and convincing evidence that the
expungement is not contrary to the public interests.
Prosecutor or Victim Response
- When a petition for expungement is filed with the court, a copy of
the petition must be delivered to the prosecuting agency. The
prosecutor is then responsible for attempting to contact any victims in
the case. The prosecutor or victim may file an objection to the
expungement petition. Or, if the petition is successfully persuasive, a
prosecutor can file a consent to expunge the records and a waiver of
further hearings on the expungement petition.
Hearing and Court Order
- If the prosecutor or victim objects to the expungement petition, the
petitioner has a right to a hearing with the judge. If the prosecutor
has filed a consent and waiver, or if the judge is persuaded by
the expungement petition following a formal hearing, the court will
sign a formal expungement order.
Effect of the Expungement Order
- An expungement order requires state and local government agencies to
respond to inquiries for records concerning an arrest, conviction, or
other expunged records (in most cases) as though the records did not
exist. The expungement order also allows the petitioner/defendant to
respond to "any inquiry" as though the arrest or conviction did not
occur.
Finding a Utah Criminal Lawyer in Salt Lake City

In some cases, the
Utah
expungement
process can be smooth and uncomplicated. In other cases, prosecutor's
objections, victim's responses, and court hearings can result in an
extended and complex process. Having an experienced criminal lawyer on
your side can help ensure the best possible results for your
expungement petition.
Based in Salt Lake City,
criminal defense attorney Stephen Howard provides legal services to clients throughout Utah.
Contact us to arrange for an initial consultation, and begin the expungement process.
RELATED CRIMINAL LAW TOPICS
Do I need a lawyer to handle an expungement in Utah?How long does it take to get an expungement?How do I get a 402 reduction in Utah?