While a violent felony may not be initially eligible for expungement, there are other options that may be available for clearing your criminal record. A 402 reduction can sometimes be used to restore eligibility. Pardon is another option to consider.
Utah’s Rule on Felony Expungement Eligibility
Utah Code 77-40a-303 establishes eligibility requirements for criminal cases with a conviction. Under this law, an ordinary felony requires at least a seven-year waiting period before the conviction can be eligible for expungement. But this law also prohibits expungement of any violent felony conviction.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
The term “violent felony” for purposes of the expungement statute is defined by Utah Code 76-3-203.5 and covers a wide variety of felony offenses including (but not limited to) convictions for arson, aggravated assault, stalking, child abuse, domestic violence, homicide, kidnapping, rape or other sex offenses, burglary, robbery, witness tampering, and various weapons offenses.
While Utah law prohibits the expungement of any violent felony, a distinction is made between a felony conviction for a violent felony and a violent felony charge that has been dismissed or reduced to the misdemeanor level. Utah Code 76-3-402 provides procedures whereby a person may be able to obtain a court order reducing the level
of their conviction.
This reduction is commonly referred to as a “402 reduction” and in many cases can change a felony conviction into a misdemeanor. A 402 reduction may restore a person’s eligibility for expungement.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
You may be able to restore your eligibility to obtain an expungement if your violent felony conviction can be reduced by court order. Utah expungement laws prohibit the expungement of a criminal conviction for any violent felony, even if a person meets all other requirements for expungement. But if the felony conviction can be reduced to a
misdemeanor by court order, a person’s expungement eligibility can be restored.
402 Reductions in Utah
Eligibility for a post-conviction 402 reduction can be based on a number of different factors. The most common basis for eligibility is successful completion of probation.
Upon successful completion of probation, a person may file a formal motion with the court requesting that the level of the offense be reduced. In order to obtain the reduction, the defendant bears the burden of proving that the requested reduction in the level of conviction is “in the interest of justice.”
A good defense strategy should be designed to help you achieve your goals.
For a one-step reduction (reducing a third-degree felony to a class A misdemeanor), only the judge must be convinced that the reduction should be granted. But in order to obtain a two-step reduction (reducing a second-degree felony to the misdemeanor level), both the judge and the prosecutor must consent to the reduction.
