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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Dismissed - 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.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
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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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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