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Utah Expungement Attorney - Recent Charges

Can I have my criminal record expunged if I have recent charges?

A recent arrest or criminal charge does not necessarily disqualify you from expungement, but it does complicate the eligibility analysis. Expungement eligibility is based on a variety of factors, including time since an arrest or conviction, the number of convictions, the level of the offenses involved, and public interest considerations. If you are considering attempting the expungement process, an experienced criminal attorney can improve your chances of success. Contact us today to see how we can help you.

What if I was arrested, but no charges were filed?

If you are arrested but no charges are file, you may be able to proceed normally with the expungement process. But if a criminal charge is filed against you in court or if police issue you a criminal citation, the pending criminal charge will at least temporarily disqualify you from expungement eligibility. This disqualification can apply both to prior convictions an to previously dismissed charges.

What happens once the new case is resolved?

Once the pending case is resolved, then standard expungement eligibility analysis applies. As long as the new case does not result in a conviction that would otherwise cause disqualification, you may be able to proceed to apply for a certificate of eligibility for expungement. But while the new case is pending, BCI cannot issue a certificate of eligibility.

If you are acquitted on the new charge or if the case is dismissed with prejudice, you may be able to obtain a certificate of eligibility quickly. If the new case results in conviction, you will have to wait the required time period for that charge but you may still be able to proceed with the expungement of the older charges.

If BCI issues a certificate of eligibility, am I guaranteed an expungement?

Under previous versions of the Utah Expungement Act, there was a presumption that the court should enter an expungement order unless the prosecution could show by clear and convincing evidence that the expungement was contrary to the public interest. Under more recent amendments to the Expungement Act, the burden of proof has been shifted to the defendant/petitioner, who is now required to show by clear and convincing evidence that the expungement is NOT contrary to the public interest.

Obtaining a certificate of eligibility is a required first step in the expungement process. But it is no guarantee of success. The district court or justice court has discretion in determining whether to grant the requested expungement. And if th expungement is denied, that order is not likely to be overturned on appeal.

Finding an Attorney for Expungements in Utah

Utah Criminal Defense LawyerExpunging your Utah criminal record can open doors to opportunities you have been previously denied based on your history. Expunging your record will allow you to answer most questions as though the arrest and conviction never occurred. Let us help you get a fresh start. Contact us today to see whether you may qualify or an expungement, 402 reduction, or pardon. See the difference an experienced criminal attorney can make for your case.

Contact us today to see how we can help you. Even if you are not eligible for expungement, there may be other options that will enable you to reduce or clear your criminal record.

Who has the burden of proof on a Utah expungement petition?
Are there exceptions that allow release of expunged criminal records in Utah?
Is there a separate process for obtaining expungement of juvenile records?

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  • Criminal Defense AttorneyDismissed - 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.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
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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

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