Criminal records can make life difficult. You may find it challenging to get a job, rent an apartment, or even obtain credit. Fortunately, there is a process called expungement that allows you to have your criminal record sealed. Hiring an experienced expungement attorney in Utah can help guide you through the process and make sure your rights are protected.
Determine if you qualify for expungement
Determining eligibility for expungement in Utah can be a complex process. There are strict guidelines on which offenses can be expunged, and it’s important to fully understand these guidelines before attempting to file for expungement. The first factor to consider is the type of offense committed. Capital felonies, violent felonies, and DUIs are among the offenses that cannot be expunged in Utah. Other types of offenses that may not be eligible include sexual offenses, domestic violence offenses, and offenses involving a weapon or firearm.
Another factor that impacts eligibility is time. In Utah, there is a waiting period that must be met before an offense can be expunged. The length of this waiting period depends on the severity of the offense, with more serious offenses requiring longer waiting periods. It’s also important to consider whether any other charges or convictions are on your criminal record. In some cases, having multiple offenses on your record can make difficult or impossible to qualify for expungement.
Finally, the offense you wish to have expunged must be finished. This means that all fines, restitution, and interest are paid in full, all time has been served, whether by prison, probation, or parole. The case you wish to have expunged cannot have a protective order or stalking injunction attached to it as well. You also can’t have any other criminal cases pending (except for minor traffic offenses).
Overall, determining eligibility for expungement in Utah requires a thorough understanding of the state’s guidelines and laws. An experienced expungement attorney in Utah can help you navigate this process and determine whether or not you qualify for expungement. If you have questions about your eligibility for expungement, don’t hesitate to reach out to an experienced expungement attorney in Utah to learn more.
Apply for a Certificate of Eligibility
If you feel that you have an offense that is eligible for expungement in Utah, the next step is to apply for a certificate of eligibility with the Utah Bureau of Criminal Identification (BCI). The application form must be filled in correctly with all the required information and an application fee must be included with the form. Once it’s filled out, send it to BCI via mail or email and wait for a reply. If the BCI determines that you are eligible for expungement in Utah, they will send you a certificate of eligibility with all the eligible cases.
You then have 180 days to file a petition with the court. If you do not file within 180 days, the certificate of eligibility expires, and you will need to apply again. Making sure you have the correct information, and that you apply on time, is something an experienced expungement attorney can help you with. They can guide you through the steps, make sure that the process is carried out effectively and efficiently, and answer any questions you may have to help get your record expunged.
File a petition
Once you have your certificate of eligibility, the next critical step in the expungement process is filing a petition with the court. A petition for expungement is a legal document that explains why you believe you are eligible for expungement and asks the court to seal your criminal record.
Drafting a petition for expungement can be a complex and daunting task, which is why it’s important to have an expungement attorney in Utah by your side. Your attorney will help you draft a strong, persuasive petition that meets all of the legal requirements for expungement.
Some of the key elements that your petition should include are:
A statement of the facts: This should include a detailed description of the charges against you, your plea, and any judgments or orders that were made in your case.
An explanation of why you are eligible for expungement: This should include the completion of any time served, payments made in full, and the identification number on your certificate of eligibility.
A statement of the legal basis for your petition: Your attorney will help you identify the legal grounds for your petition, such as statute or case law.
A request for relief: This is the part of the petition where you ask the court to seal your criminal record.
Your expungement attorney in Utah will help you navigate these and other legal requirements for filing a petition for expungement. With their guidance and expertise, you can increase your chances of success and move forward with confidence.
Attend the hearing
After filing your petition for expungement, the will review your petition and may request a hearing. This hearing is an opportunity for you to explain to the judge why you believe your record should be expunged. It is important to be well-prepared for this hearing and have a clear and compelling argument for why you deserve to have your record sealed or. A hearing is also a chance for any victims to speak up if they feel that your record should or should not be expunged.
Your expungement attorney in Utah will be there to represent you and make sure that your case is presented in the best possible light. They will help you prepare for the hearing, gather any additional evidence or supporting documents, and ensure that you understand the legal process.
During the hearing, the judge will review the facts of your case and consider your arguments for why your record should be expunged. The judge may also ask questions to clarify certain points or to better understand your situation. Your expungement attorney in Utah will be there to advocate for you and answer any questions the judge may have. If the judge grants your petition for expungement, your criminal record will be sealed. This means that it will no longer be accessible to the public. Any questions about your criminal history can be answered as if that arrest or conviction never occurred, and you will be able to move forward with your life without the stigma of a criminal record.
Contact Ruesch and Reeve
Expunging your criminal record in Utah can be a complex and challenging process, which is why it’s important to have an experienced expungement attorney in Utah by your side. An attorney can help you understand your legal options, guide you through the process, and fight for your rights and interests. At the outset, an expungement attorney in Utah will evaluate your case and determine whether you are eligible for expungement under Utah law. Eligibility requirements can vary depending on the type of crime, the severity of the offense, and other factors.
If you are eligible, your attorney at Ruesch and Reeve will help you gather all the necessary documentation, file your petition for expungement, and represent you at the hearing. Your expungement attorney at Ruesch and Reeve will advocate for your rights and interests and present a persuasive argument for why your record should be expunged. Additionally, an expungement attorney in Utah can help you understand the potential consequences of having a criminal record, such as difficulty finding employment, housing, or educational opportunities. They can also help ensure that your record is sealed, so that you can move on with your life.
In conclusion, with the help of an experienced expungement attorney, you can expunge your record effectively and efficiently. If you are interested in expunging your record, contact an experienced expungement attorney in Utah today at Ruesch and Reeve to learn more about your legal options and start the process of moving forward with your life.