Utah Expungement Appeals
Can I appeal an expungement denial entered by a justice court
judge?
Posted by Utah
Criminal Lawyer Stephen Howard - June 29, 2016
It seems like a simple question, that should have a simple answer. But
up until earlier this year (2016), there was significant dispute over
the question of whether a petitioner who was denied
expungement by a
justice court judge could have that decision reviewed on
appeal in
Utah. Thankfully, the Utah legislature has clarified this issue.
The right of appellate review is one of the foundational elements of
our criminal justice system. It is commonly understood and almost
universally assumed that if a party to a case disagrees with a judge's
final decision, then an appeal can be filed. The most notable exception
to this rule is that a prosecutor cannot appeal a jury's not-guilty
verdict. Under both state and federal constitutions, once the jury
reaches a not-guilty
verdict, the case is over. (This is not the case in all criminal court
systems throughout the world - in some countries, the government has
the right to appellate review of a not-guilty verdict.)
It was generally clear that a district court's denial of an
expungement originally filed in the district court was subject to
appellate review by the Court of Appeals or Supreme Court. However, the
statute governing appeals de novo from the justice court did not
provide specifically for an appeal right from a justice court's denial
of an expungement order.
This left unanswered the question of whether a justice court's denial
of an expungement petition could be appealed. But the legislature's
2016 amendment to Utah Code 78A-7-118 (governing justice court appeals)
now specifically provides jurisdiction to the district court to conduct
a hearing de novo on an expungement petition originally filed in a
justice court.
Finding a Criminal Defense Lawyer in Utah
Whether
you are trying to clear your past criminal record with an expungement or facing new criminal charges, having an
experienced criminal defense attorney on your side can give you the best chance of obtaining a successful
outcome. Contact us today to see what the right
attorney
can do for you.
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
»
A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»
Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope
»