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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- First-Time
Offenders
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Offenders
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- Felonies / Misdemeanors
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- Selected Crimes
- Drug Crimes / Addiction
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- Property Crimes
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- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
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.
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.
Probation - Client
charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
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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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