Utah Criminal Defense - Expungements and Dismissals

Even if a criminal case has been dismissed, it may still show on your criminal history report. Petitioning the court for expungement can help give you a clean criminal record.

Utah criminal defense attorney Stephen Howard has assisted clients in expunging a variety of felony and misdemeanor cases. He can also assist you in restoring expungement eligibility, filing for a 402 reduction, or preparing an application for pardon. Contact us now for an initial consultation.

Do I need to expunge a criminal charge if the case was dismissed?

Posted by Stephen W. Howard

Over the years, I have heard people make statements that indicate a mistaken belief that once a case is dismissed, their criminal record is clear. I even heard a justice court judge recently make a similar statement from the bench, incorrectly informing a defendant (not my client) that the plea in abeyance would essentially disappear from his record if he complied with the conditions imposed by the court. This is not accurate.

Whether the case was dismissed following a not guilty verdict at trial, a successful motion to suppress evidence, completion of the terms of a plea in abeyance, or any other reason, a petition for formal expungement is still necessary to have the case records sealed and your criminal history cleared. There may be circumstances where a dismissed case will not show up on a criminal history report. But there are plenty of circumstances where the existence of the dismissed case can still show up and cause problems.

I recently worked with an individual who had no prior "convictions" on his record - but he did have two prior charges where he had entered into an agreement where pleas were held in abeyance and the two cases were ultimately dismissed. Unfortunately, a couple of years later, he was arrested and found himself facing new criminal charges.

If he had taken the time previously to get his dismissed cases expunged, odds are very good that the prosecutor never would have known that he had a prior criminal history. From what the prosecutor would have likely seen, this person would have looked like a first-time offender.

The prior charges were not of a nature that the prosecutor could have used the charges against the person in trial. But they certainly factored into the prosecutor's decision-making process as we went through the negotiation process to see if the case could be resolved.

In short, if you are eligible to get a criminal case expunged, DO IT - even if it is "just" a dismissed case. Give yourself a clean record and a fresh start.

Choosing a Utah Criminal Defense Attorney

Utah criminal attorney Stephen Howard can help you understand your options for clearing your record - including expungements, 402 reductions, and pardons. Contact us today to arrange for an initial consultation.

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