Detailed Screening Instructions

Note the case closure date. If any of the charges were dismissed without prejudice, determine whether 180 days has passed since the dismissal date. If 180 days has not passed, make a note to explain to the client that the case will not be expungable until the time has passed unless they get a note from the prosecutor in writing consenting to BCI issuing a certificate.

If every charge in the case was dismissed with prejudice, or enough time has passed on the charges that were dismissed without prejudice, the client is eligible to expunge that case.

Please use the Screening Spreadsheet to record the client’s criminal history information. This spreadsheet can easily be shared with the Expungement Experts in Webex Teams if you have any questions.

Open the court docket for each case and starting on the first page, locate the conviction charge which has the highest severity level. For example, if Charge 1 is a dismissed 2^nd degree felony, and Charge 2 is a conviction for a 3^rd degree felony, you will want to write down the 3^rd degree felony. Check to make sure that the violation code is a Criminal Offense, and not a Minor Regulatory Offense. Remember to only record the most severe of the convicted charges that is not classified as a Minor Regulatory Offense:

A "Minor regulatory offense" means any class B or C misdemeanor offense, and any local ordinance, except:

Save each docket that contains a criminal offense, whether it is a conviction or a dismissal. When you email the client you will want to attach the dockets for their reference.

Note whether the convicted offenses contain a Drug Possession Offense, a DUI offense, a Sex Offense, a Violent Felony, or a Child Abuse offense. https://slco.org/cjac/expungement-day/attorney-portal/reference-links/

Scroll to the final page of the docket and note whether the case is still open or if it has closed. If the case is open, it will need to be closed before the client can proceed with expunging any of their records.

Near the end of the docket, note the date that probation was terminated or the case was closed (whichever occurs FIRST). If the client was sentenced to jail, calculate the estimated date the client would be released from jail. If the client was sentenced to the Department of Corrections, annotate the date as “Parole” and be sure to ask the client later when speaking with them as to their parole ending date.

On the final page of the docket, note whether any debt is still owed to the court or if the balance was sent to the Office of State Debt collection. If the case was sent to the OSDC, the balance will need to be paid off and a Satisfaction of Financial Judgement notation entered on the docket by the court clerk.

Note if the client was sentenced to probation and successfully terminated from probation in the 402 eligibility portion of the spreadsheet. If the client was sent to jail or the probation terminated after an Order to Show Cause, but it is not listed as an Unsuccessful Termination, still check the box as Yes for being eligible. The only time you would check the box No is if it specifically lists the probation as Terminated Unsuccessfully. For all other closures of probation, consider it as successful for 402 motion purposes. For more information on 402 reductions, please see https://le.utah.gov/xcode/Title76/Chapter3/76-3-S402.html

Once you have filled out the spreadsheet for the client’s entire criminal history, start identifying whether each case is eligible for expungement. You can use this chart to help make that determination. https://slco.org/globalassets/1-site-files/cjac/flowchart-for-expungment8.pdfe

Next, counting the severity of convictions, check to see if the client is eligible to expunge their records given the total number of criminal episodes. Please reach out to an “Expert” if you are having difficulty. The statute governing this can be found at https://le.utah.gov/xcode/Title77/Chapter40/77-40-S105.html?v=C77-40-S105_2020051220200701

If the client will be eligible if they receive a 402 reduction, follow the instructions on the following page: https://slco.org/cjac/expungement-day/attorney-portal/steps-to-assist-clients/402-reduction-instructions/

Remember to consider whether the client will be eligible for expungement if a 402 reduction occurs. A reduction could have the effect of making the Violent Felony, Child Abuse Offense, or Sex Offense eligible for expungement IF the reduction is granted.

It may also be in the client’s best interest to seek a 402 reduction simply to reduce the felony down to a misdemeanor if they are otherwise ineligible for expungement.

When making the legal determination to seek a 402 reduction, be certain the reduction will NOT HARM FUTURE EXPUNGEMENT!  A 402 reduction could HURT THE CLIENT if it creates the following scenarios:

You will want to explain to the client that when it comes to expungements, dismissed charges cannot be expunged unless every charge in the case is eligible for expungement.

Note the case closure date for the minor regulatory offense conviction. If it is a class B misdemeanor, and four years have passed, or it is a Class C misdemeanor or Infraction, and three years have passed, the client is eligible to expunge that case.

*We will not be purchasing certificates for cases where the severity is only a Traffic Offense.