Salt Lake City Expungement Attorney

Davis County Lawyers Helping You Get the Fresh Start You Deserve

Everyone makes mistakes from time to time. It is simply part of being human. However, if your mistakes resulted in an arrest or criminal conviction on your record, you could be facing a lifetime of difficulties in a variety of situations. Your record could be a barrier that is preventing you from getting the job you want, the home you need, or even the education necessary to better your life. The good news is that you may have options available to get a fresh start.

At Collins Rupp, P.C., our team believes in second chances. We know that good people can easily get caught up in bad situations and that a momentary lapse in judgment can have a profound effect on your future. With this in mind, our attorneys are equipped to help you clear your criminal record through a legal process known as expungement or expunction.

What Is Expungement?

Many people assume that the only way to have a criminal record is to be charged and convicted of some type of crime. Unfortunately, such is not the case. The truth is that if you have been arrested on any criminal charge, the arrest becomes a part of your permanent record, even if the charges are eventually dropped or if you are acquitted. Of course, if you are convicted, the conviction goes on your record as well.

The only way to get items removed from your record is through a legal process known as expungement. An expungement means that all records of an eligible arrest—or conviction, as applicable—are permanently sealed. After you complete the expungement process, you will no longer need to tell anyone, including prospective employers or insurers, that you were arrested or charged with a crime. An expunged record is completely removed from your criminal history and is not visible during a background check.

Offenses That Are Eligible for Automatic Expungement

Utah has long permitted the expungement of arrest records for cases that were dismissed or that resulted in acquittals. This means if you were arrested but not convicted, you can apply to have the arrest removed from your record. In fact, recent changes to the law have made expungements automatic for cases that resulted in a dismissal (with or without prejudice) or acquittal.

Most misdemeanor convictions will also be automatically expunged after a waiting period. However, if you were convicted of assault, a domestic violence offense, DUI, a sex crime, certain weapons offenses, or a felony, you will need to petition the court for an expungement. Keep in mind that you are only able to file for expungement if your case is completely closed, all fines and fees are paid, you are not on parole or probation, and you have no criminal cases pending. Our attorneys can help you understand your eligibility before you get started.

Counsel for 402 Reductions

If expungement is not possible in your case, you might qualify to have your criminal history reduced under Section 76-3-402 of the Utah Code—commonly known as a "402 reduction." In a 402 reduction, the severity of a conviction can be reduced by one level with the approval of the court that issued the conviction and by two levels with the approval of both the court and the prosecutor who handled your case. For example, if you were convicted of a second-degree felony, the conviction could be reduced to a third-degree felony with the court's approval or a Class A misdemeanor if the prosecutor agrees as well.

At Collins Rupp, P.C., our lawyers have helped many clients obtain expungements and 402 reductions, and we are ready to put our experience to work for you. We will assist you in determining your eligibility, as well as with preparing and filing your petition with the court. Our attorneys will ensure that everything is in order and that no details have been overlooked, as a single mistake could derail the entire process.

Schedule a Free Consultation Today

To learn more about your eligibility for expunction or to get started on your petition, contact our office. Call 385-777-2753 to schedule a free consultation at Collins Rupp, P.C. today. Let us help you secure the fresh start and second chance you deserve.