Expungement Lawyer in Cedar City, UT

You Deserve a Fresh Start

Sadly, whether or not you were convicted, 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 criminal records. 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. Expungement is a way to achieve this, and with our experience and legal knowledge, we can work with you to clear your record. If you need a fresh start, we welcome you to get in touch with a Cedar City expungement attorney at our firm. We can talk to you about your unique situation to see if you qualify and how to proceed.

Call (435) 213-1963 to schedule a FREE consultation!

Utah Expungement Requirements

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:

  • The petitioner provided a sufficient petition and Certificate of Eligibility;
  • The petition satisfies the statutory requirement; and
  • 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, your Cedar City expungement lawyer will 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. 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;
  • 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); or
    • 3 Years (Other misdemeanors or infractions).

You are not eligible to have your criminal record expunged if you:

  • Have a pending criminal case;
  • Provided false or misleading information on your Certificate of Eligibility application; or
  • Have received separate convictions for:
    • 2 or more felony offenses;
    • 3 or more crimes of which at least 2 are Class A misdemeanors;
    • 4 or more crimes of which at least 3 are Class A misdemeanors; or
    • 5 or more crimes of any degree (excluding certain infractions and traffic offenses).

The following criminal records cannot be expunged at any time:

  • Capital felonies
  • First degree felonies
  • Violent felonies
  • Automobile homicide
  • Felony DUI offenses
  • Registrable sex offenses

Call a Cedar City Expungement Attorney Today!

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, we should be your first choice if you want to have your criminal record expunged. With offices in Cedar City and St. George, we serve clients across Central or Southern Utah, including in Enoch, 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, call (435) 213-1963.

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