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
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