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Receiving a notice from the Utah Bureau of Criminal Identification (BCI) stating that your conviction is “Not Expungable” can be discouraging—but it doesn’t always mean your case is over. Depending on the facts, BCI’s decision may be based on an incorrect interpretation of Utah’s expungement laws, and you may have the right to challenge it.
At Stone River Law, we recently represented a client whose application for a Certificate of Eligibility was denied because his conviction involved a statute associated with sex offender registration. After reviewing the case, we determined that an important legal distinction had been overlooked.
Looking Beyond the Statute
Our client had been convicted of a Class B misdemeanor and was never required to register as a sex offender. Even so, BCI initially denied his application based on the statute of conviction.
We requested an explanation from BCI, submitted a formal administrative appeal with supporting court records, and, after BCI upheld its decision, filed a Petition for Judicial Review in district court.
After reviewing the petition, the Utah Attorney General’s Office concluded that the conviction was eligible for expungement. BCI reversed its decision, issued the Certificate of Eligibility, and our client was able to move forward with the expungement process.
What This Means for You
Not every denial is incorrect, and not every conviction is eligible for expungement. Utah’s expungement laws depend on the specific facts of each case, including the offense, the disposition, waiting periods, and other statutory requirements.
However, this case demonstrates an important point: a BCI denial is not always the final answer. If the law was incorrectly applied to your case, you may have options to seek administrative review or judicial review.
We Can Review Your Case
If BCI denied your Certificate of Eligibility, don’t assume you have no further options. At Stone River Law, we carefully review the legal basis for expungement denials and help clients determine whether the decision can be challenged.
If you’ve been told your conviction is “Not Expungable,” contact Stone River Law to discuss your case. We’ll review your record, explain your options, and help you determine the best path forward.