Now that you understand how expungements work, this is what you need to know to begin the process and find the right lawyer to get the job done.
If you meet the criteria to have your record expunged, you can apply for a certificate of eligibility, which is issued by the *Bureau of Criminal Identification (BCI) of the Utah Department of Public Safety.
*BCI receives approximately 700 applications a month, and it may take up to 10 weeks to get a response to your application.
If the BCI grants you a certificate, you will have 90 days to petition the court. You must petition the court for expungement through the office of the prosecutor or the county or district attorney.
The following is a timeline of events that may occur once you petition the court:
Depending on how these events play out for you, you may have to participate in a hearing to determine if your record will be expunged.
The court will expunge the record it if determines by clear and convincing evidence that the three stipulations below are true:
If the court grants the petition, it will enter an order to expunge the petitioner's records of arrest, investigation, detention, or conviction held by any state, county, or local government entity.
Limitations of the Order to Expunge
The expungement order does not do the following:
This information is only meant to help educate you on the basic rules and limitations of getting your adult record expunged. The process can be complicated and frustrating, but our experienced team of lawyers at Brown, Bradshaw, and Moffat can help you navigate the process and get your record expunged correctly as quickly as possible.
Call us today at (801) 532-5297 to discuss your case. We can usually tell you on the phone if you qualify for expungement and what to do next.
Use the form above to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.
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