“Contrary to the Public Interest” sounds like a good name for a punk band. It’s also a key phrase of legal jargon in Utah’s Expungement Petition forms, and it stops many hopeful expungers in their tracks. You’re just cruising along, checking boxes, answering some simple questions, and then, bam:
The following explains why expunging the crime(s) is not contrary to the public’s interests:
It’s followed by several lines of blank space, which seems both very long (because you have no idea what to say), and very short (because it seems like a good answer should certainly take more than a few lines). You are allowed to add pages, at least.
So, what should you write to explain why your expungement is not contrary to the public’s interest? Unfortunately, there’s no single easy answer. It really depends on your specific situation. Some relevant factors may be: the type of records you’re trying to expunge, how much time has passed, how well you followed the sentencing orders (if applicable), and how well you’ve stayed out of trouble since then, and why you want the records expunged.
Ultimately it will be up to the prosecutor and the victim (if there was one) to decide whether they want to object to the expungement. If so, the court will call a hearing where you’ll be required to show “by clear and convincing evidence” that you meet the guidelines and that an expungement would not be contrary to the public’s interest. (See the 77-40-107 in the Utah Expungement Act).
Or, of course, you can hire an attorney to take care of it for you. As a Utah attorney, I’ll handle all aspects of your expungement case for a reasonable fee (somewhere between $400 and $500, typically–click here for more info). If you’re interested in that service, just fill out the quick contact form to the right, or click Contact.Content by Dain Smoland (Google+)