HAVE YOUR UTAH CRIMINAL RECORD EXPUNGED NOW!
You Deserve a Fresh Start
Sadly, whether or not you were convicted of a crime, simply being charged with a crime can negatively affect your life in a drastic way. For example, having a criminal record often impacts your ability to obtain future employment, housing, and even admission to schools. Many people fear and discriminate against individuals with a criminal record. In sum, having a publicly available criminal record often feels like a punishment that never ends. Fortunately, Utah law provides a way for your criminal record to be expunged, thus enabling you to live the remainder of your life without being followed by the shadow of a mistake that you may have made in your past.
At M.A. MUNSON LAW, we believe that good people deserve a second chance. And you can count on us to obtain expungement orders on your behalf. If you need a fresh start, CONTACT US NOW to schedule a FREE CONSULTATION to discuss your case, so that you can be on your way to the fresh start that you deserve.
Requirements for Expungement in Utah
Pursuant to Utah Law, expungement of criminal records is permitted whether or not there was a conviction if the court finds by clear and convincing evidence: (1) the petitioner provided a sufficient petition and Certificate of Eligibility; (2) the petition satisfies the statutory requirement; and (3) granting the expungement order is not contrary to the public interest.
Prior to filing a Petition to Expunge Records, you must first obtain a Certificate of Eligibility, which can only be obtained through the Bureau of Criminal Identification (BCI), which performs a criminal record check that may involve looking at previously expunged records in order to determine whether or not you are eligible for a Certificate of Eligibility. For more information, visit BCI at https://bci.utah.gov.
The Expungement Process
By filing a Petition to Expunge Records, we ask the court to seal any record of arrest, investigation, detention, and conviction in a criminal case, so that these records are no longer made available to the public. Expungement of your records does not change the history, but it does mean the records will be sealed, so that any government agency that has received an expungement order will respond to inquiries and requests as if the expunged record never existed. Furthermore, after an arrest or conviction has been expunged, you have no obligation to say anything about the record, and may thereafter act as though it does not exist.
The process to expunge a criminal record varies, depending on whether or not the expungement sought is for a crime for which you have been convicted.
To expunge the criminal record of a crime for which you were convicted (or plead guilty or no-contest), you must:
- Receive a Certificate of Eligibility from BCI (see https://bci.utah.gov ); and
- Pay all ordered fines, interest, and restitution; and
- Allow all applicable statutory time periods to pass, starting from the time you were convicted or released from incarceration, probation, or parole, whichever happened last. The applicable length of time that must pass depends on the kind of criminal record that you want to expunge:
- 10 Years — Various misdemeanors, including DUI/DWI, and felonies connected to the Utah Controlled Substances Act
- 7 Years — Felonies
- 5 Years — Class A misdemeanors
- 4 Years — Class B misdemeanors
- 3 Years — Other misdemeanors or infractions
You Are Not Eligible To Have Your Criminal Record Expunged If You:
- Provide false or misleading information on the application for Certificate of Eligibility; or
- You have a criminal case pending; or
- You have been convicted in separate criminal episodes of:
- Two or more felonies; or
- Three or more crimes of which at least two are class A misdemeanors; or
- Four or more crimes of which three are class B misdemeanors; or
- Five or more crimes of any degree other than certain infractions and the traffic offenses.
The Following Criminal Records Cannot Not Be Expunged
- Capital Felony, First Degree Felony, or Violent Felony
- Automobile Homicide
- Felony DUI
- Any registrable sex offense
READY FOR A FRESH START?
At M.A. Munson Law, we understand that having a criminal record can negatively affect you throughout the rest of your life. As one of the longest-serving criminal defense firms in Southern Utah, the attorneys at M.A. Munson Law should be your first choice if you want to have your criminal record expunged in Central or Southern Utah, including Cedar City, Enoch, St. George, Beaver, Parowan, Paragonah, Panguitch, Enterprise, Brian Head, Hurricane, Washington, Richfield, Fillmore, and Kanab.
If you or a loved one needs to have a criminal record expunged, CONTACT US or call (435) 238-7734 to schedule a FREE CONSULTATION to discuss the options available to you.