Why Do I Need an Expungement Attorney in Utah?
An expungement is an option for many individuals with a criminal conviction on their record. However, due to the complications accompanying an expungement, it is in your best interest to work with a reliable St. George expungement attorney familiar with the process.
At Boyack Christiansen Legal Solutions, we know how to navigate expungement requests properly. We can help you learn your options for clearing your record. Contact us today and schedule an initial consultation regarding your rights and eligibility for an expungement.
What is Expungement?
Expungement refers to the process of sealing arrest, conviction, and related records from the public view. Utah criminal law allows many people with criminal records a chance for a clean slate through the Utah Expungement Act.
To expunge a record means a court seals or erases an arrest or conviction from a person’s court record for specific purposes. It is crucial to keep in mind that an expunged record is not destroyed. Instead, the sealed record can still be viewed and copied by some government officials. Also, the court can order to have the records unsealed in some limited circumstances.
After the expungement process is complete, the arrested or convicted person is no longer legally required to disclose the incident. An individual can live more freely and without worry that past legal hardships will follow them. If you need an expungement for your criminal records, seek legal advice from a knowledgeable St. George expungement lawyer as soon as possible.
What are the Expungement Eligibility Requirements in Utah?
Under certain circumstances, you may be able to have a conviction sealed from your record. However, not everyone convicted of a crime is eligible for an expungement process. There are rigorous requirements regarding which convictions can and cannot be expunged. A skilled St. George expungement lawyer can inform you of your eligibility for a criminal history expungement.
Different state laws have diverse requirements that need to be met before an expungement can be granted or a record can be sealed. While specific expungement rules can vary depending on the state laws, there are a few factors that will determine if you are eligible for expungement:
Nature and Severity of the Crime
Repeat offenses and more serious criminal offenses are generally effortful to have expunged or sealed. Depending on the crime you were convicted of, you will have to wait several years to request an expungement for your conviction. Some places might only consider misdemeanors as eligible for expungement but not felonies. Some jurisdictions limit eligibility to only non-violent offenses.
Outcome of Case
The availability of expungement depends on whether the person seeking to have their record expunged was simply arrested for suspicion of an offense or convicted of criminal charges. In some states, a mere arrest record without a conviction is more likely to be expunged than an actual conviction.
Different jurisdictions handle record expungement differently. The process and availability of expungement depend on where the subject of the record lives and the legal requirements in that jurisdiction. In some states, it is simply not possible to expunge a record.
Generally, the criminal justice system gives those who had troubles as a juvenile a chance at a clean slate. Many courts grant those with juvenile records the opportunity to have their records sealed after a certain period. However, not all juvenile cases will be eligible. The specifics about eligibility depend on the type of criminal offense, location, and whether there were any previous offenses.
What Records are Eligible for Expungement?
Some crimes are not eligible for expungement. Similarly, having an extensive criminal history could prohibit someone from being eligible for expungement. It is critical to seek legal advice from a qualified expungement attorney in St. George to learn what expungement means for your case and situation.
Utah only allows the clearing of a criminal record under certain circumstances. Different rules apply depending on whether there was a dismissal, acquittal, or conviction. Several types of possible records can be cleared or otherwise expunged including:
- Arrest Record
- Conviction Reduction
- Juvenile Conviction
- Adult Conviction
How Long Do You Have to Wait to Get Your Record Expunged in Utah?
Certain crimes require a person to wait additional time before petitioning the court for an expungement. The waiting period starts on your release day from probation, parole, or incarceration and when the case is closed, whichever is later. A credible St. George expungement lawyer can give you an overview of the required waiting period based on your particular situation. The waiting periods are:
- Three years for Class C misdemeanor or infraction
- Four years for a Class B misdemeanor
- Five years for a Class A misdemeanor
- Seven years for a felony
- Ten years for a DUI (even if a misdemeanor) or certain felony drug convictions
Call Our Seasoned St. George Expungement Attorneys Now!
Utah allows expungement, which will help you return to where you were before your conviction. Having your record expunged will bring back more freedom in many aspects of your life. If you have been convicted of a crime and want to take the next step toward getting your life back, consult our experienced St. George expungement attorneys at Boyack Christiansen Legal Solutions as soon as possible.
Our criminal defense law firm will work hard to get you a great solution that meets your needs, protects your rights, and helps you achieve your goals. We can help you at each stage of the expungement process and help you move forward with a fresh start.
Contact us now, and schedule an initial consultation to help clear your criminal record.