Expungement Attorney in Emery County, Utah – Emery County Experienced Lawyers Expunging Your Record

If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else.

An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future.

There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement.

Expunging Your Conviction

Expungement in Emery County, Utah does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required.

Some infraction, misdemeanor, felony offenses can be expunged including:

• Drug possession and other drug related crimes
• Marijuana possession
• Domestic violence
• Theft
• Burglary
• Robbery
• DUI, DWI, driving under the influence of alcohol or drugs
• Prostitution & Sex Crimes
• Indecent exposure
• Stolen property offenses, petty theft, shoplifting
• Assault, assault with a deadly weapon, battery
• And much more... Please call 1-888-754-9877 to find out if you qualify.

Post-Conviction Relief

There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:

• Misdemeanor Expungement

Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.

• Felony Expungement

As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.

• Early Probation Termination

Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.

• Reducing Your Felony to a Misdemeanor

In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.

• Record Sealing

Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under Emery County, Utah Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing.

Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation.

Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed.

Contact Us to Get Started

An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family.

• Utah

Emery County Expungement Attorney
Castle Dale Expungement Attorney	Green River Expungement Attorney
Clawson Expungement Attorney	Huntington Expungement Attorney
Cleveland Expungement Attorney	Mohrland Expungement Attorney
Elmo Expungement Attorney	Moore Expungement Attorney
Emery Expungement Attorney	Orangeville Expungement Attorney
Ferron Expungement Attorney	Woodside Expungement Attorney

About Emery County

Emery County is a county located in the U.S. state of Utah. As of 2000 the population was 10,860, and by 2009 had been estimated to decrease to 10,629. It was named for George W. Emery, governor of the Utah Territory in 1875. Its county seat is Castle Dale and the largest city is Huntington.

"Occupation of the San Rafael region dates back thousands of years to include people of the Desert Archaic Culture who were followed by those of the Fremont culture who inhabited present-day Emery County from about A.D. 500 to about A.D. 1300. Evidence of these people can still be found in numerous pictograph and petroglyph panels, such as those in Temple Mountain Wash, Muddy Creek, Ferron Box, Black Dragon Canyon, and Buckhorn Wash-all sites listed in the National Register of Historic Places. Ute Indians also occupied sites in Castle Valley, Old Spanish Trail The first white men who came to Castle Valley were undoubtedly Spanish Traders and Explorers."

Emery County was created by the Utah Territorial Legislature in February 1880 and included what later became Carbon County, Utah. The census of 1880 showed 556 people and 84 farms in Emery County, but this figure is likely short as many prominent settlers were inadvertently left off the county rolls. By 1890, the population of Emery County had risen to 2,866, and towns had grown from groups of ramshackle cabins to communities with schools, stores, and churches. Between 1880 and 1900, many significant canals were constructed, including the Huntington Canal (1884), Emery Canal (1885), Cleveland Canal (1885), and the Wakefield Ditch (1880). Many of the early canals are still in service.

Emery County is bordered on the north by Carbon County (which was created from Emery in 1894), on the west by the Wasatch Plateau and the original settlements in Sanpete and Sevier counties from which most Emery County settlers came, on the south by the remote artificial boundary with Wayne County, and on the east by the Green River—the natural boundary with Grand County (which was created from Emery county in l890). Emery County includes three geographical areas: the mountains of the Wasatch Plateau; Castle Valley, where the major settlements are located; and the desert of the San Rafael Swell, the San Rafael Reef, Cedar Mountain, and the remote stretches of land west of the Green River.

The western side of the county is the most populated and contains numerous small communities residing in an agricultural valley that roughly parallels the Manti National Forest to the west. Streams originate in the Wasatch Plateau on the forest and their headwaters are stored in several reservoirs. Agricultural areas depend on these reservoirs and waterways for survival and some farmland communities struggle with excess salinity. The east side of the county is dry with rough terrain. Green River, the largest community on this side of the county, is more closely tied to the communities and economy of Grand County. Emery County’s maps show the importance of the forest lands to the local communities as there are very few significant groundwater aquifers in the area.

Emery County is bordered on the north by Carbon County (which was created from Emery in 1894), on the west by the Wasatch Plateau and the original settlements in Sanpete and Sevier counties from which most Emery County settlers came, on the south by the remote artificial boundary with Wayne County, and on the east by the Green River—the natural boundary with Grand County (which was created from Emery county in l890). Emery County includes three geographical areas: the mountains of the Wasatch Plateau; Castle Valley, where the major settlements are located; and the desert of the San Rafael Swell, the San Rafael Reef, Cedar Mountain, and the remote stretches of land west of the Green River.