Expungement
Eligibility - Utah Expungement Attorney
Having your criminal record expunged can open the door to opportunities
you have been denied because of criminal convictions. Even if
you are
not eligible for an expungement, you may still qualify for a "
402 reduction"
that can reduce a felony conviction to a misdemeanor.
Call now to start the process of having your record expunged.
We can usually tell you right over the phone whether you
qualify for an expungement or a 402 reduction.
Based in
Salt
Lake City, criminal defense attorney Stephen Howard offers
legal services to clients throughout Utah. We can also help
clients who live out-of-state with their Utah expungement or 402
reduction case so that they don't have to travel to Utah for court
hearings.
This page contains information on the following:
Starting
the Expungement Process - BCI Certificate
of Eligibility
The
first step in filing for a Utah expungement is to obtain a
certificate of eligibility from the Utah
Bureau of Criminal
Identification (BCI). BCI cannot issue an expungement order. Instead,
BCI only determines if you have too have too many convictions,
convictions that are too recent, or if the level of your charges is too
high to meet the statutory eligibility requirements. If BCI determines
that you
are
eligible, they will notify you with a letter that explains which
charges or cases you are eligible to proceed forward on. If you choose
to pursue the expungement, you must return the letter to BCI with the
required fee before BCI will actually issue the certificate of
eligibility
The
Court Petition for Expungement in Utah
Once you obtain BCI certificate of eligibility, you must then file a
petition with the proper court. In most cases, the expungement petition
must be filed with the court where the case was filed and heard. In
cases where no criminal charges were filed, the expungement petition is
generally filed with the district court having geographic jurisdiction
over the matter.
The petition serves as a formal request that the court order the
expungement (or sealing) of
your criminal records. The petition must be accompanied by the
certificate of eligibility. In addition, the petition must contain
information sufficient to establish, by clear and convincing evidence,
that granting the expungement is not contrary to the public
interest. If
the prosecutor or victim objects to the expungement, the court is
required to hold a hearing to determine whether the expungement should
be granted.
Delivering
the Utah Expungement Order
If the petition for expungement is granted, the expungement process is
not complete. Unless government agencies that maintain records of
criminal case information (police, prosecutor, BCI etc.) are presented
with the court order, they will still make information about the case
available to the public.
Government agencies retaining records relating to criminal arrests or
convictions are required to comply withe the expungement order
only after receiving a certified copy of the order. The
petitioner must deliver copies of the expungement order to all
government agencies in possession or any records relating to the
expunged matter. Those records are then sealed, and made
generally unavailable to the public. If the order is not delivered to
the agency, then the agency will respond as though the expungement was
never completed
Eligibility
for Expungement in Utah
There are certain time requirements for having your Utah criminal
conviction expunged. The waiting time for expungement
eligibility only begins to run from the latest of either the date of
conviction, release from incarceration, or termination from probation
or parole. The waiting time for expungement of a felony
charge is 7 years; 5 years for a class A misdemeanor; 4 years for a
class B misdemeanor; and 3 years for a class C misdemeanor or
infraction. If your case has been dismissed, or if you were
arrested without charges being filed, you may be eligible for
expungement 30 days after the dismissal or arrest.
Utah law imposes some limitations on what charges can be expunged.
First
degree felonies, violent felonies, felony
DUI's,
automobile
homicide,
and registrable sex offenses typically may not be expunged.
You also may be denied eligibility if your criminal record is
too long. If your record includes convictions arising from
separate criminal episodes for two or more felonies, three or more
misdemeanors (if two of them are class A misdemeanors), four or more
misdemeanors (if three of them are class B misdemeanors), or five or
more crimes of any degree other than infractions. (The legislature in
2013 passed amendments to the expungement eligibility statute
making exceptions for eligibility for multiple drug possession
cases.)
402
Reductions and Expungements
The waiting time for a Utah expungement can sometimes be
shortened by first having the level of your charge reduced under Utah
Code Ann. 76-3-402. If you successfully completed probation,
you
are eligible under section 402 to petition the court for a one-step or
two-step reduction in the level of the conviction. A section
402
reduction can also be useful if you are denied eligibility for
expungement due to multiple
felony
convictions or too many
misdemeanor
convictions. In those
cases, a
Utah 402
reduction may provide a way to remove the "convicted felon"
label from your record by reducing even felony convictions to a
misdemeanor level.
Finding
an Expungement Attorney in Utah

Based
in Salt Lake City,
expungement
attorney Stephen Howard has assisted clients in
various parts of the
country to
complete their Utah expungements. Whether you live in Utah or
have moved somewhere new, in many cases we can complete the expungement
process without you ever appearing in court.
As an experienced
Utah criminal
defense attorney, Stephen Howard can help you get your
record expunged.
Contact
us now to begin the process today.
RELATED CRIMINAL DEFENSE TOPICS
Utah Law Governing Expungement Eligibility
The process for a Utah expungement is governed by the Utah Expungement
Act, found in
Utah Code Ann. Title 76, Chapter 40,
Sections 101-113. The rules can seem complicated.
But if the
required time has passed and you are now eligible to have your record
expunged, the cost and effort can be well worthwhile. Being
free from a criminal record can open doors that have for too long been
closed to you.
Following are the two chief sections of the Utah Expungement Act
governing eligibility for expungement. These statutes are subject to
change, and consultation with an experienced expungement attorney in
strongly recommended before proceeding. (Please note that the Utah
Legislature made certain changes to the Utah Expungement Act in 2017 by
passing SB12. Click
here to learn more about these changes.)
Text
of Utah Code 77-40-104 - Expungement Eligibility with no
Conviction
Subsection (1) provides
the expungement eligibility requirements for arrests which do not
result
in a conviction.
(1) A person who has been arrested or formally charged with an offense
may apply to the bureau for a certificate of eligibility to expunge all
records of arrest, investigation, and detention which may have been
made in the case, subject to the following conditions:
(a) at least 30 days have passed since the arrest for which
a certificate of eligibility is sought;
(b) there are no criminal proceedings pending against the
petitioner; and
(c) one of the following occurred:
(i) charges were screened by the investigating
law enforcement agency and the prosecutor has made a final
determination that no charges will be filed in the case;
(ii) the entire case was dismissed with prejudice;
(iii) the person was acquitted at trial on all of
the charges contained in the case; or
(iv) the statute of limitations has expired on
all of the charges contained in the case.
Subsection (2)
essentially waives the 30-day expungement waiting period for a person
who has been acquitted at trial on all counts.
(2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement
under Subsection (1)(c)(iii) shall be issued a certificate of
eligibility on an expedited basis.
Text
of Utah Code 77-40-105 - Expungement Eligibility for
Convictions
Subsection (1) states
that this section of the code governs applications for a certificate of
eligibility for records of conviction.
(1) A person convicted of an offense may apply to the bureau for a
certificate of eligibility to expunge the record of conviction as
provided in this section.
Subsection (2) outlines
various offenses for which no expungement is possible, and other
circumstances under which BCI may not issue a certificate of
eligibility.
(2) A petitioner is not eligible to receive a certificate of
eligibility from the bureau if:
(a) the conviction for which expungement is sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a violent felony as defined in Subsection
76-3-203.5(1)(c)(i);
(iv) felony automobile homicide;
(v) a felony violation of Subsection
41-6a-501(2); or
(vi) a registerable sex offense as defined in
Subsection 77-41-102(16);
(b) a criminal proceeding is pending against the petitioner;
or
(c) the petitioner intentionally or knowingly provides false
or misleading information on the application for a certificate of
eligibility.
Subsection (3) outlines
certain conditions required for the issuance of a certificate of
eligibility, including the payment of outstanding financial obligations
and the time requirements for various conviction levels and offenses.
(3) A petitioner seeking to obtain expungement for a record of
conviction is not eligible to receive a certificate of eligibility from
the bureau until all of the following have occurred:
(a) all fines and interest ordered by the court have been
paid in full;
(b) all restitution ordered by the court pursuant to Section
77-38a-302, or by the Board of Pardons and Parole pursuant to Section
77-27-6, has been paid in full; and
(c) the following time periods have elapsed from the date
the petitioner was convicted or released from incarceration, parole, or
probation, whichever occurred last, for each conviction the petitioner
seeks to expunge:
(i) 10 years in the case of a misdemeanor
conviction of Subsection 41-6a-501(2) or a felony conviction of
Subsection 58-37-8(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of any class A
misdemeanor or a felony drug possession offense;
(iv) four years in the case of a class B
misdemeanor; or
(v) three years in the case of any other
misdemeanor or infraction.
Subsection (4)
establishes limits on the number of non-drug convictions that may be
expunged. The limits are based in part on the level of the conviction.
(4) The bureau may not issue a certificate of eligibility if, at the
time the petitioner seeks a certificate of eligibility, the bureau
determines that the petitioner's criminal history, including previously
expunged convictions, contains any of the following:
(a) two or more felony convictions other than for drug
possession offenses, each of which is contained in a separate criminal
episode;
(b) any combination of three or more convictions other than
for drug possession offenses that include two class A misdemeanor
convictions, each of which is contained in a separate criminal episode;
(c) any combination of four or more convictions other than
for drug possession offenses that include three class B misdemeanor
convictions, each of which is contained in a separate criminal episode;
or
(d) five or more convictions other than for drug possession
offenses of any degree whether misdemeanor or felony, excluding
infractions and any traffic offenses, each of which is contained in a
separate criminal episode.
Subsection (5) was
enacted to provide broader eligibility for drug possession
convictions.
(5) The bureau may not issue a certificate of eligibility if, at the
time the petitioner seeks a certificate of eligibility, the bureau
determines that the petitioner's criminal history, including previously
expunged convictions, contains any of the following:
(a) three or more felony convictions for drug possession
offenses, each of which is contained in a separate criminal episode; or
(b) any combination of five or more convictions for drug
possession offenses, each of which is contained in a separate criminal
episode.
Subsection (6) provides
eligibility requirements where a single criminal episode contains both
drug possession and non-drug convictions.
(6) If the petitioner's criminal history contains convictions for both
a drug possession offense and a non drug possession offense arising
from the same criminal episode, that criminal episode shall be counted
as provided in Subsection (4) if any non drug possession offense in
that episode:
(a) is a felony or class A misdemeanor; or
(b) has the same or a longer waiting period under Subsection
(3) than any drug possession offense in that episode.
Under prior versions of
the Utah Expungement Act, a pardon merely restored eligibility for
expungement. After 2013, a pardon has essentially the same effect as an
expungement. Subsection (7) provides that a pardon granted prior to the
2013 change in the statute still restores eligibility for expungement.
(7) If, prior to May 14, 2013, the petitioner has received a pardon
from the Utah Board of Pardons and Parole, the petitioner is entitled
to an expungement order for all pardoned crimes pursuant to Section
77-27-5.1.
Finding a Criminal Defense Attorney for Expungements
Based in Salt Lake City,
criminal
defense lawyer Stephen Howard has
assisted clients in expunging records of cases including serious felony
convictions and multiple misdemeanor charges. He has also assisted
clients in restoring expungement eligibility through the filing of
successful 402 reduction motions.
If you have a criminal record you are seeking to expunge, an
experienced criminal
defense attorney can help give you the best chance
of success.
Contact
us today to arrange for an initial consultation.