Burden of Proof - Utah Expungement Attorney
Question: Who bears the burden of proof to in a petition to expunge criminal records in Utah?Answer: Utah expungement law has changed from time. Previous versions of Utah's expungement statute provided a presumption that if a person qualified for a certificate of eligibility, then the court should grant the requested expungement order unless the prosecutor could demonstrate that expungement was contrary to the public interest.
Current
expungement law (as of 2014) has shifted the burden of proof on
an expungement petition. Under Utah Code section 77-40-107, the
petitioner (person seeking the expungement) must demonstrate by "clear
and convincing evidence" that it is "not contrary to the interest of
the public to grant the expungement." Unless this standard is met, the
court cannot grant the expungement. The standard of "clear and
convincing" evidence is the second highest standard of proof imposed
under Utah law.This shift in the burden of proof was challenged in the Utah Court of Appeals case of Horgan v. State, 2012 UT App 216. In this case, the Court of Appeals approved the burden shift, and affirmed the expungement statute that requires the petitioner to prove by clear and convincing evidence that the expungement is not contrary to the public interest.
While the standard is high, the benefits of having an expungement are significant. If that standard is met and the court grants the expungement, then the petitioner is thereafter allowed to "respond to any inquiry as though the arrest or conviction did not occur. (See Utah Code section 77-40-108.)
Finding a Utah Expungement Attorney in Salt Lake City
With a practice based in Salt Lake City, criminal defense attorney
Stephen
Howard provides expungement services to clients throughout Utah. He has
been successful in obtaining expungement orders for clients with
serious felony conviction, multiple misdemeanor convictions, dismissed
cases, and un-charged arrest records.In addition to expungement petitions, Mr. Howard has assisted clients in restoring expungement eligibility by obtaining 402 reductions in a variety of felony and misdemeanor cases. He works closely with clients to prepare and present their expungement petitions to the court in the best light.
Contact us today to arrange for an initial consultation with Stephen Howard.
RELATED CRIMINAL DEFENSE TOPICS
- Do I need a lawyer to handle an expungement in Utah?
- What kind of lawyer handles expungements in Utah?
- How long does it take to get an expungement?
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- Felonies / Misdemeanors
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Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed - 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.
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.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
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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
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
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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