Matthew C. Brimley

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Expungement & Record Sealing

Attorney Matthew Brimley, of Brimley Law Office in Provo, Utah, assists clients in petitions for expungement or sealing of criminal records.

How-To: Get an Expungement in District Court

  1. You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI).This can take from 4-6 Weeks.
  2. Completion of the Petition: You must then Petition the court for an Order of Expungement.
  3. Serving the Petition: The petition must be served on the prosecuting attorney, and the Department of Corrections. Unless a stipulation is obtained, expungement may not be granted until 30 days after service of the petition on those parties. This allows time for the prosecuting attorney or the crime victim to file a written objection to the petition, and for the court to order an evaluation, if necessary. If an objection is filed, the court must set a hearing and notify the prosecuting attorney, petitioner and victim of the hearing date.
  4. Written Evaluation: The court may order the Department of Corrections to prepare a written evaluation regarding the petition, including its recommendations. If you file a written objection to the conclusions and recommendation in the evaluation within 15 days after receipt of the evaluation, the court will set a hearing date and notify the parties listed above.
  5. Hearing: The court may hold a hearing. Or, if there are no objections to the Petition, the court may make a decision based on written documentation.
  6. Findings of the Court: If the court finds that you are eligible and no objections have been received, it will grant expungement and issue a certificate to you. The certificate will state that the petition and certificate of eligibility are sufficient, and the statutory requirements have been satisfied. After approving a petition for expungement, the court shall enter an order to expunge all or a portion of the case records in the custody of that court, or of any other agency or official.

If you were involved with the criminal justice system, and are interested in record sealing, speak to attorney Matthew Brimley of Brimley Law Office (801) 375-1100 and schedule an appointment.