As far as the public is concerned, the arrest, detention, criminal investigation, or conviction never happened. There are two broad situations where you can have you have your records expunged. Note: Your criminal record may not be expunged if you were charged with a felony DUI, vehicular homicide, or if your conviction required you to register as a sex offender.
Also, repeat offenses as well as particularly harmful crimes violent crimes, first degree or capital felonies, etc. You can, however, petition to be pardoned even if you were convicted, which allows expungement.
Class A Misdemeanors
Call us if you have questions. If you want to expunge your record, you need to get a Certificate of Eligibility from the Utah Bureau of Criminal Identification.
They check to make sure you qualify, which can take a long time, and then issue the Certificate of Eligibility if you do. Once you receive the certificate, you need to file a petition at the court where your case was originally heard.
Difference Between a Felony and a Misdemeanor in Utah
Even though expungement applies to criminal charges, the petition is always a civil case. Only by winning this case will the court issue an expungement order. Our expert lawyers can help you every step of the way, granting you high levels of personal attention and access to years of experience. Authorities will try get you to incriminate yourself and suggest there is no need for an attorney.
Stay calm and call us immediately: Most misdemeanors in Utah have a statute of limitations of two years.
What Are the Different Types of Misdemeanor Offenses in Utah? - Spencer & Jensen Law Office
Any criminal conviction, even for a misdemeanor, can have serious consequences that can last long after the defendant has served a jail sentence or paid a fine. If you are charged with any crime, you should contact an experienced criminal defense attorney in Utah. A good lawyer can tell you how your case is likely to fare in court and how best to protect your rights. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Misdemeanor
Lawyer Marketing Lawyer Directory. Toggle navigation CriminalDefenseLawyer. For example, the judge in a case may decide to sentence a defendant to two months in jail instead of the maximum six months for a class B misdemeanor conviction.
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Some factors may be deemed as aggravating factors that could increase the penalties for a crime, while others could be mitigating factors that help your cause. It is important to work with a criminal defense lawyer that understands the value of presenting mitigating evidence to defend you.
How Do Judges Decide on Sentences in Utah?
It is important to note that there can be alternatives for certain penalties that accompany a conviction for a misdemeanor. Compensatory service is unpaid volunteer work that is performed for a state agency, a nonprofit organization, or similar types of legal entities to avoid a criminal fine. Each hour worked by a defendant will be discounted from their total criminal fine until the fine is paid off.
If you or a family member was charged with a class B misdemeanor, you should contact an experienced Utah criminal defense attorney.
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- What are the penalties for a misdemeanor in Utah?.
Criminal defense attorney Darwin Overson has litigated a wide range of criminal cases and he would be honored to help with your criminal defense. Possible Penalties for a Class B Misdemeanor Conviction When a person is arrested, they could be charged with a crime that correlates to the circumstances of their offense. The following is a list of crimes that are considered misdemeanors: Underage drinking Disorderly conduct Driving under the influence DUI Assault Misdemeanor Penalties A misdemeanor identifies a grade of crime that is less severe than a felony.
Misdemeanor Penalty Alternatives It is important to note that there can be alternatives for certain penalties that accompany a conviction for a misdemeanor.