Expungements

Your criminal history may be holding you back from pursuing certain educational opportunities or from applying for certain jobs. Or you may simply not want others to know you have been convicted of a criminal act and have a criminal record. No matter the reason, we at Stevens & Gailey, P.C. have the experience and dedication to get your expungement handled right.

The Utah Expungement Act provides for many rules to be followed before an expungement may be entered including  Eligibility, Time and specific procedures.

If someone is eligible to expunge their criminal record, they have to follow specific instructions as set forth in the Utah Expungement Act, codified in Chapter 40 of Title 77 in the Utah Code.

The procedure for expunging a criminal record is set forth in Utah Code § 77-40-103.  http://http//le.utah.gov/~code/TITLE77/htm/77_40_010300.htm A person who wants to expunge their criminal record must first obtain a Certificate of Eligibility from the Bureau of Criminal Identification and pay an application fee. The Bureau of Criminal Identification will perform a record check to make sure the applicant meets eligibility requirements.

Once the ex-offender has been deemed eligible to apply for an expungement, their attorney will file a Petition for Expungement with the court. The Certificate of Eligibility is only valid for 90 days, so the Petition should be filed immediately. The attorney will also provide notice to the prosecutor, who will then give notice to the victim of the criminal offense. Once the prosecutor and victim have received notice, they can make an objection to the expungement. If an objection is made, a hearing will be held to determine if the record should be expunged. If no objection is made, the expungement will be granted by the court.

The person applying for the expungement must wait certain time periods before they can have their record expunged following the completion of the offender’s sentence. The waiting period to expunge a criminal record is as follows:

  • Class C Misdemeanor or Infraction – 3 years
  • Class B Misdemeanor – 4 years
  • Class A Misdemeanor – 5 years
  • Misdemeanor DUI – 10 years
  • Any Felony – 7 years

Situations where a case was dismissed with prejudice, the alleged offender was acquitted at trial, the statute of limitations expired, or the prosecutor declined to file charges may be expunged after 30 days if no other arrests were made in that time.

Contact us today for a free consultation regarding your rights and eligibility for an expungement.