Salt Lake Expungement
Attorney
- Utah Expungement Eligibility
An expungement can give you a fresh start and open doors that have been closed because of a criminal conviction. As an
experienced Utah
criminal defense attorney, Stephen Howard has assisted clients in expunging criminal records ranging from serious
felony convictions to dismissed
misdemeanors charges.
Contact us today to begin the expungement process. We can usually tell you over the phone whether you are
eligible for a Utah expugnement, or if there may be a way to restore your eligibility.
Based
in Salt Lake City, Stephen Howard provides services to clients in
expungements and other criminal defense matters throughout Utah. We are
also happy to work with
out-of-state clients who have criminal cases in Utah.
First Steps for a Utah Expungement - BCI Certificate
of Eligibility
The
expungement process in Utah begins by submitting an application to the
Utah Bureau of Criminal Identification (BCI) for a certificate of
eligility. Before issuing an expungement certificate of eligibility,
BCI will conduct a thorough background check, reviewing not only Utah
district court and
justice court
records, but also FBI databases and criminal record information from
other states. In determining eligibility for expungement, Utah's
expungement statutes consider not only the number of convictions (in
Utah as well as other jurisdictions), but also the severity of those
convictions and the time that has passed since jail, probation, or
parole were completed. If BCI determines that a person has too many
convictions or that the convictions are too recent, they will deny the
issuance of a certificate of eligibility for expungement.
Filing the Court Petition for Expungement
If BCI issues a
certificate of eligibility for expungement, then that certificate must
be included in a formal petition for expungement filed with the
appropriate court. If the charges resulted either in a conviction or in
a case that was filed in court but later dismissed, then the
expungement petition must be filed in that court. If the incident
involves an arrest or criminal investigation that did not result in
formal charges being filed in court, then the expungement petition must
be filed in the district court for the county having jurisdiction over
the matter.
In order to successfully obtain an expungement
order, the petition must establish grounds sufficient for the court to
determine that an expungement is not contrary to the public interest.
If the victim or prosecutor objects to the expungement petition, the
petitioner is entitled to a formal court hearing on the question of
whether expungement is proper.
After the Expungement Order is Signed
Obtaining the judge's
signature on the expungement order is not the end of the expungement
process. Unless a certified copy of the expungement order is delivered
to each government agency in possession of records relating to the
criminal case, they may still make information about the criminal
investigation, arrest, or charges available to the public. Only after
being presented with a certified copy of the expungement order will
they be required to cease disclosing information about the case. Such
records will then be sealed, and will no longer be available to the
public.
Restoring Expungement Eligibility in Utah
Some people may find
that they have too many convictions or that the level of their offenses
is too high to be eiligible for an expungement in Utah. In some cases,
a
402 reduction
may be used to restore eligibility for expungement. Violent felony
charges (such as aggravated assault) will be an automatic disqualifier
for expungement. But if a 402 reduction is granted, reducing the level
of the offense to a misdemeanor, then expungement eligibility may be
restored. Multiple misdemeanor charges can also result in
disqualification for expungement. But if a 402 motion is granted
reducing the levels of the offenses, eligibility may be restored.
Speeding up Expungement Eligibility
The required waiting time
for expungement eligiliby may also be shortened through the use of a
402 reduction. For example, a felony drug conviction requires a
seven-year waiting period before a certificate of eligibility for
expungement may be granted. But by reducing the level of the charge to
a class A misdemeanor, two years can be shaved off the required waiting
period. Similarly, a one-step reduction for a misdemeanor conviction
can reduce the waiting period for expungement by one year.
Finding a Utah Criminal Defense Attorney in Salt Lake
Based in Salt Lake City,
criminal defense attorney Stephen
Howard has filed successful expungement petitions in a variety of Utah
criminal cases. Whether you live in Utah or have moved out-of-state, we
can often complete the expungement process for you without requiring
you to appear in court.
Contact us today to start the expungement process.