Reprinted with Permission

Expungement Process
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The process I followed in my expungement. Remember this was done in my state "Utah" and this process may not be available in all states.
Step#1
I had to determine if expungement was possible for me. Utah requirements are that a petioner can not have more than one felony and can not have more than two class A & or B misdemeanors.
First you need to find out from your court system if expungement is a possibility where your conviction is, then find out what the stipulations are to the expungement. I found all my info on the interenet also later I found the same info was available at the court house.
In Utah to file an expungement petition I had to make application with Bureau Of Criminal Identification (BCI), they determine if I am eligible or not and for a fee of $10 can give you a copy of your rap sheet. On my rap sheet there was one mistake, I had a felony which was supposed to be a misdemeanor and I had in all four class A & or B misdemeanors. I knew I was over the state limit on my misdemeanors but found out that I could file a motion to enact sentence (a motion to reduce conviction). So I proceeded to do so with three of my incidents and ended up successfull on all three, reducing each one of them to a class C misdemeanor. Also I went to the court where the so called felony came from and got me a certified copy of the final disposition and delivered all of these papers to the BCI. They changed my rap sheet to no felony, one class A misdemeanor and three class C misdemeanors. I then recieved eligibility certificates for each case I was trying to expunge. Each certificate cost me $25.

Step #2

With the eligibility certificates I filed an expungement petition with each court. It cost me $50 filing fee for each one. At this point there really is no stopping the process once you become eligible it is basically a done deal you just follow through on the whole process. After the petitions were filed it took a couple of weeks before the courts called me and told me the Orders have been signed by the judge. I then went to the court clerk in each court and I purchased approximatey eight certified court orders to seal and expunge records for each case (each cert. cost $2.50). I then had to deliver copies to any administration that was involved in each case, this included (arresting agency,police dept., sheriff dept., jails, two copies to BCI where one is for them and the other is for the FBI, prosecuting attorneys,adult parole & probation) and to anybody else that may have been involved. When they recieved certified court order to expunge they are required to seal documentation on me and send it to the BCI or destroy all documents and confirm it with the BCI. In my case I learned that all agencies destroyed the records except the BCI which they seal the record. The only way it can be viewed is if I commit another crime and a Judge issues a warrant to open my record. Even the FBI was required by the order to seal my record. Therefore in the end I recieved a certificate from the BCI certifying I have no crimminal record. And that I can leagally state to anyone that I have never been arrested and that I have never been charged with a crime. This whole process took me approximitly two and a half months. There are lawyers who will do this but it will take longer, they just care about your money and have other clients they are dealing with. I did all my own leg work, research and it cost me about a total of $300, if I used a lawyer it would have cost me about $3000. I hope this helps anyone out there who wants to do an expungement. Make sure you follow through on everything required by you and do not get frustrated at all the leg work. I know now it was worth every minute of my time. Good luck, Aero

My E-Mail Address ----> aerosquadron@networld.com

 
 
 
 
 
 
 
 
 
 
 

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