Utah Expungement Attorney Salt Lake
What is the effect of a Utah expungement order?
The Utah Expungement Act (Utah Code §77-40-101 et seq.) governs the expungement of criminal case records in Utah. The Expungement Act and related laws affect chiefly three categories of individuals or entities: 1) the individual petitioner in an expungement; 2) the courts; and 3) other government agencies that possess records relating to the criminal case.The following is intended as a brief summary of the effect of an expungement upon each of said individuals or entities:
Individual Petitioner: A person who has received an expungement is allowed to “respond to any inquiry as though the arrest or conviction did not occur.” Utah Code §77-40-108(2).
Courts: Rule 4-205(4)(B)(i) of the Utah Code of Judicial Administration requires the court clerk, upon entry of an order of expungement, to “obliterate or destroy all reference to the expunged portion of the record in the paper copy of the index and maintain a separate index of expunged records not available to the public.” (In practice, clerks are also required to remove public links to expunged records in the courts' computer databases.)
Other Government Agencies: Government agencies receiving an expungement order are required to “expunge the petitioner’s identifying information contained in records in its possession relating to the incident for which expungement is ordered,” and further “may not divulge information or records which have been expunged” absent a court order or in accordance with statutory exceptions found in Utah Code §77-40-109(2). Utah Code §77-40-108(4) and (5).
Finding an Expungement Attorney in Utah
The
benefits of obtaining an expungement for your criminal record are
substantial. Having the assistance of an experienced attorney is
important. Utah criminal lawyer attorney Stephen Howard has assisted clients in
obtaining expungements of cases and convictions ranging from serious
felony charges to multiple misdemeanor convictions requiring 402
reductions to restore expungement eligibility. If you are considering
pursuing an expungement, contact us today to arrange for an initial
consultation. We can often tell you right over the phone whether you
are eligible for expungement.RELATED UTAH EXPUNGEMENT QUESTIONS
Are there exceptions that allow release of expunged criminal records in Utah?Is a Utah expungement order considered a "complete" expungement?
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Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy »
Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....
Experience »
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Consequences »
Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....
Reasons to Hope »
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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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