Expungement Lawyer Utah
Record Sealing Attorney Salt Lake City
Utah law provides a way for you to expunge your criminal history in most cases. After expungement, you will be able to enjoy the freedom of living without a criminal record. Our experienced attorneys can walk you through the process and let you know if you are eligible for a criminal history expungement.
Criminal convictions in Salt Lake City can make life very difficult. A criminal record can prevent you from obtaining loans, receiving housing applications, new employment opportunities or can result in loss of employment. Our Salt Lake City defense lawyers will work with you and will analyze your case to better your chances of a favorable case result.
Contact us online or call (801) 829-9783 to ask questions or schedule a consultation. We serve clients in Salt Lake City, Cottonwood Heights, and all of Utah.
Expungement Eligibility in Utah
There are specific guidelines governing expungements. Certain crimes are not eligible for expungement or require a person to wait additional time before petitioning the court for an expungement. Similarly, having an extensive criminal history could prohibit someone from being eligible for expungement. You also cannot seek expungement of prior cases if you currently face pending criminal charges.
To toll the beginning of the waiting period, the court looks at the latest date of events such as:
- Conviction date
- Release from incarceration
- Probation or parole
You must wait three years for a Class C misdemeanor or infraction; four years for a Class B misdemeanor; five years for a Class A misdemeanor; seven years for a felony; and 10 years for a DUI (even if a misdemeanor) or certain felony drug convictions.
402 Reduction Utah
You may be able to shorten the waiting period by seeking a reduction of your criminal history (402 reduction) before petitioning the court to expunge your criminal history. With a 402 reduction, you can reduce a criminal conviction by up to two degrees. For example, if you were convicted of a third-degree felony, you would normally have to wait seven years following the termination of your case in order to seek an expungement.
However, if you were able to obtain a two-step 402 reduction, then your third-degree felony conviction would be reduced to a Class B misdemeanor. As a result, the expungement waiting period would be reduced from seven years to four.
For more details about you case, schedule a consultation with a Salt Lake City expungement lawyer today.
How to Obtain an Expungement
To obtain an expungement of your criminal history in Utah, you must first submit an application for expungement of adult history to the Utah Bureau of Criminal Identification (BCI). This requires fingerprints and a $50 fee. It can take up to 12 weeks to get the results. BCI will run your criminal history and identify cases for which you are eligible to petition for expungement. They will issue you certificates for eligibility for expungement.
You or one of our Salt Lake City expungement attorneys can then file a petition for expungement with the court that processed your criminal case and attach the certificates for eligibility of expungement. There is also a filing fee of $135 per case and, depending on the court, copying fees. A copy is served with the prosecutor who will attempt to contact any victims. The prosecutor can also stipulate or object to the request for expungement. At the court's discretion, a hearing may be set.
Pursuant to the statute (Utah Code Annotated Section 77-40-107), the court must issue an order granting the expungement if:
- The petitioner has complied with the expungement statute
- It is not contrary to the public interest to issue the expungement
- The person is no longer using drugs (when seeking expungement for a drug-related offense)
If the court orders your criminal history expunged, certified copies of the court order must be sent to any state agencies that have any records of your criminal history (police department, prosecutor's office, jail, etc.). The court order essentially tells those agencies to seal their records. Those records can only be unsealed in limited circumstances.
Salt Lake City Expungement Lawyer
If you were charged with a crime but the charge was dismissed (even if pursuant to a plea in abeyance), you may petition the court to expunge the record of you being charged following the dismissal of your case.
If you are interested in expunging your criminal history, contact us at (801) 829-9783 for a consultation. Don't hesitate to take advantage of laws designed to give you a second chance.
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