🏆 Three Victories, One Powerful Message
Yesterday marked another win in a series of contested expungements I’ve handled — that’s three in a row. Each case had a complaining witness, a factor that often turns expungements into legal battles. As an attorney with over 21 years of courtroom experience, I currently manage 5–8 active expungement cases at various stages. But contested cases? They’re rare. And winning them can go either way.
❓ What Makes an Expungement “Contested” in Utah?
In Utah, most expungements go uncontested. But when they are, it’s usually because:
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The crime involved a victim or complaining witness
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The charge involved violent conduct, financial loss, or emotional harm
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There’s ongoing opposition from the prosecutor or victim
In my two decades of legal practice, I’ve seen only four contested expungements — and I’ve won three myself.
📜 Legal Foundation: Utah Code 77-40a-306
For an expungement to be granted, the court must determine several key factors under Utah law. Here's what the statute requires:
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Successful Case Closure: The underlying case must be closed without incident.
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Fulfillment of Requirements: All fines, restitution, and court-ordered classes must be completed.
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Certificate of Eligibility: You must have a valid certificate from the Bureau of Criminal Identification (BCI).
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Public Interest Consideration: The court must find that “the interests of the public would not be harmed” by granting the expungement.
This final standard often becomes the battleground in contested hearings.
😔 Why Victims Make Contested Expungements Challenging
When victims are involved, the court is required to consider:
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Whether the victim objects
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The nature of the crime
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Whether the expungement may harm public trust or safety
In each of my recent victories, the court weighed those objections but ultimately sided with our legal position — emphasizing rehabilitation, restitution, and the right to move forward.
💼 Why You Need an Attorney Who Understands Contested Expungements
Many lawyers advertise expungement services but rarely handle contested cases. Here's what sets me apart:
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Real Trial Experience: 21+ years as a practicing jury trial attorney
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Strategic Advocacy: I know how to present evidence that aligns with 77-40a-306(f) — the public interest clause
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Proven Record: Three straight wins in contested hearings
📞 Call or text Jake Gunter today at (801) 373-6345 — get real legal help, not just paperwork pushers.
https://www.youtube.com/shorts/Corg01Yi8Os
📖 Understanding Utah Code 77-40a-306 in Detail
Here’s a simplified breakdown of what the court must find before granting an expungement:
77-40a-306 Order of Expungement
(1) If a petition for expungement is filed in accordance with Section 77-40a-305, the court shall issue an order of expungement if the court finds, by clear and convincing evidence, that:
(a) except as provided in Subsection (1)(b) and Subsection 77-40a-305(3) or (4):
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(i) the certificate of eligibility is valid at the time the petition for expungement was filed with the court and contains the information needed for the court to issue an order for expungement; and
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(ii) the statutory requirements for expungement have been met;
(b) if the petitioner obtained a special certificate from the bureau:
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(i) the special certificate is valid at the time the petition for expungement was filed with the court; and
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(ii) there is sufficient information in the petition for the court to determine that the statutory requirements for expungement have been met;
(c) if the petitioner seeks expungement after a case is dismissed without prejudice or without condition, the prosecuting attorney provided written consent and has not filed and does not intend to refile related charges;
(d) if the petitioner seeks expungement without a certificate of eligibility for expungement under Subsection 77-40a-305(4) for a record of conviction related to cannabis possession:
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(i) the petitioner had, at the time of the relevant arrest or citation leading to the conviction, a qualifying condition, as that term is defined in Section 26B-4-201; and
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(ii) the possession of cannabis in question was in a form and an amount to medicinally treat the qualifying condition described in Subsection (1)(d)(i);
(e) if an objection is received, the petition for expungement is for a charge dismissed in accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used for enhancement, there is good cause for the court to grant the expungement; and
(f) the interests of the public would not be harmed by granting the expungement.
(2)
(a) If the court denies a petition described in Subsection (1)(c) because the prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of eligibility if charges are not refiled within 180 days after the day on which the court denies the petition.
(b) A prosecuting attorney who opposes an expungement of a case dismissed without prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
(c) A court shall consider the number of times that good faith basis of intention to refile by the prosecuting attorney is presented to the court in making the court's determination to grant the petition for expungement described in Subsection (1)(c).
(3) If the court grants a petition described in Subsection (1)(e), the court shall make the court's findings in a written order.
(4) A court may not expunge a conviction of an offense for which a certificate of eligibility may not be, or should not have been, issued under Section 77-40a-302 or 77-40a-303.
(5) If the court issues an order of expungement under this section, the court shall:
(a) expunge all records of the case as described in Section 77-40a-401;
(b) notify the bureau of the order of expungement in a manner specified by the department; and
(c) provide the bureau with the order of expungement and all relevant information available to the court that the bureau will need to identify an expunged record.
(6)
(a) The petitioner may request certified copies of an order of expungement within 28 days after the day on which the court issues an order of expungement.
(b) If a petitioner makes a request under Subsection (6)(a), the court shall provide the petitioner with certified copies of the order of expungement.
Amended by Chapter 239, 2025 General Session