Utah Expungement Lawyers
What is an Expungement
For the most part, an arrest or a criminal conviction stays on a person’s record forever. An expungement can change that. An expungement is the official sealing of all court records, arrest records, and associated investigation and detention records. The current Utah Code, §77-40-108(2), allows a person who has received an expungement to “respond to any inquiry as though the arrest or conviction did not occur.” Additionally, expungement can restore firearm rights, open employment opportunities, and free a person from the legal restrictions accompanying a criminal conviction.
Who can receive an Expungement
Utah law imposes both limitations for which charges may be expunged and time requirements before a certificate of eligibility can be issued. A person may not have any active criminal cases open to be eligible for expungement of any charges. First-degree felonies, violent felonies, felony DUIs, automobile homicide, registrable sex offenses, and registrable child abuse offenses are not eligible for expungement. You also may not be eligible if your criminal record is too long. If you have convictions arising from separate criminal episodes for two or more felonies, three or more misdemeanors (if two are classified as Class A misdemeanors), four or more misdemeanors (if three of them are Class B misdemeanors), or five or more convictions of any degree other than an infraction, you will not be eligible for expungement. If you are not eligible, a 402 reduction may restore eligibility.
The waiting time to be eligible for a certificate of eligibility 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 a felony charge is seven years, five years for a Class A misdemeanor, four years for a Class B misdemeanor, and three years for any other misdemeanor or infraction. If your case has been dismissed or if there are any records not involving a conviction you would like to expunge, you may be eligible for expungement 30 days after the dismissal or arrest.
How to get an Expungement
The first step in filing for an expungement in Utah is to obtain a certificate of eligibility from the Utah Bureau of Criminal Identification, or BCI. BCI cannot issue expungements, but they are responsible for determining if someone is eligible for expungement under Utah law. After reviewing your convictions, BCI will send you a letter listing the eligible convictions. You must return the letter to BCI with the required fee before BCI will issue the actual certificate of eligibility.
The next step is preparing and filing the petition for expungement. The petition is a formal request that the court order the expungement of your criminal records. The petition must be accompanied by the certificate of eligibility from BCI. In addition, the petition must contain enough information to show, by “clear and convincing evidence,” that granting the expungement is not contrary to the public interest. Should the prosecutor or victim object, the court is required to hold a hearing to determine whether or not the expungement should be granted.
If the courts find that an expungement is not against the public’s interest, the judge will grant the petition for expungement and issue orders to expunge. However, unless the government agencies with records of criminal information are presented with the court order, they will still make information about the case available to the public. After the order has been delivered, the records are sealed and made unavailable to the public. While there are some statutory exceptions in Utah Code §77-40-108 and §77-40-109, they “may not divulge information of records which have been expunged” absent a court order.
Clean Slate Law
In February of 2022, the Utah Clean Slate Law went into effect. This law directs the Utah courts to seal certain records without a petition from the person charged. Expungements done under the Utah Clean Slate Law are often called automatic expungements because they do not require a petition to be filed or the petitioner to show that the expungement is “not contrary to the interests of the public.” However, the kinds of records that can be sealed under the Utah Clean Slate Law are more restrictive than charges eligible to be expunged with a petition and the time requirements are different.
In addition to the limitations imposed upon which cases are eligible for a certificate of eligibility, offenses against the person, weapons offenses, domestic violence, DUI, sexual battery, lewdness, and damage to or interruption to communication devices convictions are not eligible for expungement under the Utah Clean Slate Law. Furthermore, Class A misdemeanors other than possession of a controlled substance and felonies are not eligible for automatic expungement.
Class A convictions for possession of a controlled substance become eligible for automatic expungement after seven years, after six years for a Class B misdemeanor, and five years for a Class C misdemeanor. Convictions can be expunged earlier by filing a petition for expungement.
There are substantial benefits to having your criminal record expunged. An experienced attorney can be crucial to the process. Canyons Law Group has assisted clients with expungement cases ranging from felony charges to misdemeanor convictions requiring 402 reductions in order to restore expungement eligibility. If you are considering pursuing an expungement, contact us today to arrange for an initial consultation.
Team-Driven Defense Strategy
The criminal defense team at Canyons Law Group include former prosecutors and seasoned defense attorneys who have defended or prosecuted the most serious crimes on the books in Utah. Aggravated felony charges including homicide, robbery, kidnapping, and more are among the many cases our attorneys have successfully defended. Our criminal attorneys also have extensive experience in the Utah district court and justice court systems and have also worked in federal and military courts.
Experience & Knowledge
Our criminal defense team has the experience, knowledge, and determination to handle the most serious charges you may face. But even lower-level criminal charges in Utah can have serious consequences. A single misdemeanor conviction can cause you to lose your job, lose your driver license, or lose your right to carry or use a firearm, A criminal conviction can make it more difficult to rent an apartment or obtain a mortgage loan. A criminal charge can affect your education and student financial aid. And the effects of conviction can last long after you may have completed probation or otherwise satisfied any obligations to the court.
When you hire a criminal defense attorney from the Canyons Law Group, you get more than just an attorney. You get the combined experience of our whole legal team. Our attorneys take pride in working closely with each client, taking the time to understand each client’s needs and goals for the case, and developing a strategy intended to achieve the best result possible for each client. We also employ a team approach, assigning attorneys who may have experience on a particular type of case or issue who can provide advice or assistance in specialized areas.We often collaborate with investigators and other professionals as needed to work toward the best result possible.
No matter what kind of criminal charge you are facing and no matter what level the offense may be, it can be critical to have the best advice from an experienced criminal defense attorney before you talk to police, before you go to court, and before you make any decisions or take action on the case. The criminal defense team at the Canyons Law Group is here to help.
Contact Your Utah Criminal Defense Team
Each criminal defense case in Utah is unique, not just because the facts of each case may be different but also because each defense client has a unique set of circumstances, needs, and goals. We conduct a full legal analysis of your case and take the time needed to understand what you need from the case. We then work together with you and as a complete criminal defense team to create a strategy intended to best accomplish your goals.
Make sure that your rights are protected. Learn more about our criminal defense team online, or contact the Canyons Law Group today to see what the right criminal defense attorney and the right legal team can do for you.