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?