Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorney / Former Prosecutor
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Contact Us

What kind of attorney handles expungements in Utah?

Technically, any attorney can represent you in an expungement proceeding, or you can represent yourself. But as a practical matter, your best chances of successfully expunging your criminal record will be achieved with the assistance of an experienced criminal lawyer.

Based in Salt Lake City, criminal defense attorney Stephen Howard has successfully assisted clients in obtaining expungements of charges ranging from serious felony convictions to multiple misdemeanors and dismissed plea in abeyance cases. Mr. Howard has also helped clients restore expungement eligibility through successful "402" motions to reduce the level of prior convictions.

If you are petitioning for an expungement, seeking a 402 reduction, or facing new criminal charges, contact us to arrange for an initial confidential consultation with Utah criminal lawyer Stephen Howard.

Expungement Process in Utah

The following is intended as a brief overview of the expungement process in Utah. If you are interested in filing a petition for expungement, the assistance of an experienced criminal lawyer is advised.

Certificate of Eligibility - The first step in the expungement process is the application for a certificate of eligibility. This application is submitted to the Utah Bureau of Criminal Identification (BCI). This agency is responsible for performing a criminal history check for court records from Utah as well as other states and federal courts. If BCI determines that a person meets the basic statutory requirements for expungement eligibility, then a certificate can be issued. In rare circumstances, BCI may issue a "special certificate" indicating that their records review is not able to confirm or deny eligibility, and that the court will need to make an eligibility determination.

Petition for Expungement -  Once a certificate of eligibility is issued, the person seeking expungement must file a formal petition with the court. The petitioner bears the burden of proving by clear and convincing evidence that the expungement is not contrary to the public interests.

Prosecutor or Victim Response - When a petition for expungement is filed with the court, a copy of the petition must be delivered to the prosecuting agency. The prosecutor is then responsible for attempting to contact any victims in the case. The prosecutor or victim may file an objection to the expungement petition. Or, if the petition is successfully persuasive, a prosecutor can file a consent to expunge the records and a waiver of further hearings on the expungement petition.

Hearing and Court Order - If the prosecutor or victim objects to the expungement petition, the petitioner has a right to a hearing with the judge. If the prosecutor has filed a consent and waiver, or if the judge is persuaded by the expungement petition following a formal hearing, the court will sign a formal expungement order.

Effect of the Expungement Order - An expungement order requires state and local government agencies to respond to inquiries for records concerning an arrest, conviction, or other expunged records (in most cases) as though the records did not exist. The expungement order also allows the petitioner/defendant to respond to "any inquiry" as though the arrest or conviction did not occur.

Finding a Utah Criminal Lawyer in Salt Lake City

Utah Criminal Defense AttorneyIn some cases, the Utah expungement process can be smooth and uncomplicated. In other cases, prosecutor's objections, victim's responses, and court hearings can result in an extended and complex process. Having an experienced criminal lawyer on your side can help ensure the best possible results for your expungement petition.

Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. Contact us to arrange for an initial consultation, and begin the expungement process.

RELATED CRIMINAL LAW TOPICS
Do I need a lawyer to handle an expungement in Utah?
How long does it take to get an expungement?
How do I get a 402 reduction in Utah?


Best Rating
Make a Payment to Your Account
Get Help Now
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Criminal Appeals Defense AttorneyDismissed 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.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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
340 East 400 South, Suite 25, 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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.