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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

Utah Criminal Defense LawyerThe 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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  • 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.
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  • Utah Expungement Attorney Salt Lake Davis 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.
  • Violent Crimes Assalt Defense UtahDismissed 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

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