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In Utah, is there precedence for expunging ones criminal record in exchange for permanent expulsion from the State

Salt Lake City, UT |

if so, is it covered by State law or agreement among Judge, Prosecutor and Plaintiff or is it practiced in any other state?

Attorney Answers 4


  1. It sounds like you would benefit from an in person consultation with an attorney.

    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue


  2. Expungment in Utah is done through the Bureau of Criminal Identification. The process is relatively straight forward, and you either qualify or don't, the legislature has laid out the requirements.


  3. Your eligibility for expungement will depend on the number of offenses in your criminal history, the type of offenses, and how long you have been off of probation. There is no provision to expunge your record if you promise to leave the state and never come back.


  4. To expunge a criminal record in Utah, you must necessarily obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification. Your eligibility for such certificate is dictated entirely by statute, rather than an agreement with a prosecutor or the sentencing court to leave the state. Factors determining one's eligibility include the type of offense, the total number of separate criminal episodes on the person's record, and the length of time that the case has been completely resolved (including termination of probation and payment of all restitution). There are certain things you can do to speed up your eligibility however. Speak to an experienced expungement attorney in Utah about some of the options.

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