Canyons Criminal Defense Lawyers

Utah Criminal Defense Attorneys

Main Criminal Defense Navigation

  • Canyons Home
  • Defense Strategy
  • How We Can Help
    • Felony Defense
    • Misdemeanors
    • Jury Trials
    • Appeals
    • District Courts
    • Justice Courts
    • 402 Reductions
    • Pardon
    • Expungements
  • Your Defense Team
  • Contact Information

Criminal Defense Firm in Utah

Criminal Defense Attorneys
Serving Clients Statewide

Criminal Defense Law for Mobile Header

  • Criminal Defense
  • Contact Information
Home » Posts Archive » Expungement of Violent Felony Convictions in Ogden

Expungement of Violent Felony Convictions in Ogden

May 19, 2023 By Stephen Howard


There is good news and bad news on the question of whether a violent felony can be expunged in Ogden (or anywhere in Utah for that matter). The bad news is that a felony conviction classified as a “violent felony” under Utah law cannot be expunged through the courts. But the good news is that a good criminal attorney may be able to help you find ways around this prohibition.



Contact us today to see how we can help you.

Statutory Rules on Expungement of Violent Felonies

Expungement eligibility requirements for criminal cases involving a conviction are established by Utah Code 77-40-105. Under this law, a standard felony conviction requires a minimum seven-year waiting period before the felony conviction can be eligible for expungement. But this statute also bars BCI from issuing a certificate of eligibility and prohibits the courts in Ogden from entering an expungement order for any conviction classified as a “violent felony.” For purposes of expungement eligibility, the term “violent felony” is defined by Utah Code 76-3-203.5 and covers a wide variety of felony offenses including (but not limited to) convictions for robbery, burglary, arson, aggravated assault, child abuse, domestic violence, homicide, kidnapping, rape or other sex offenses, stalking, witness tampering, and various weapons offenses.

402 Reductions and Restoring Expungement Eligibility

A person who has successfully completed probation may be eligible to have the level of the conviction reduced by up to two steps under Utah Code 76-3-402. In cases involving a violent felony conviction, this “402” reduction can result in the felony being reduced to the misdemeanor level. Assuming that other eligibility requirements are met, this reduction can restore expungement eligibility in many cases.

In determining whether a person is eligible for expungement, courts in Ogden and BCI must consider the current status of the conviction rather than the nature and level of the offense that was originally charged. Thus, if a violent felony is reduced to the misdemeanor level through the initial plea negotiations process or following a felony conviction by way of a 402 reduction, neither BCI nor the courts will treat the case as a felony.

Pardons and Expungements

Utah law recognizes that there are individuals who will not meet the statutory requirements for expungement eligibility, but may still deserve to have their records cleaned. Utah law involves a black-and-white set of rules which BCI must follow in determining expungement eligibility. Not even the courts have authority or discretion to expunge an Ogden criminal conviction if the eligibility requirements are not met.

However, Utah law also provides the Board of Pardons and Parole with the authority and the discretion to enter a pardon order for individuals who have demonstrated that they deserve a clean record. Previous versions of Utah’s laws governing pardons provided only that a pardon would restore a person’s eligibility for expungement. But more recent changes to the pardon laws provide instead that the Board’s pardon has the same effect as an expungement order.


Filed Under: Posts Archive

Related….

  • Penalties for Felony Drug Crimes
    Penalties for Felony Drug Crimes
    How long is the prison sentence for a felony drug offense in Davis County? In 2015, the Utah State Legislature enacted some sweeping criminal justice reforms that dramatically affected penalties for drug crime prosecution. The most significant aspect of the drug crime reforms was the reduction of most standard drug possession charges from the felony level down to the class A misdemeanor level. Even with these reforms, many drug crimes are still punishable at the felony level. At the third-degree felony level, a drug conviction is punishable by up to 5 years in prison. A second-degree felony drug charge carries…
  • Ogden DUI Attorney - FAQ
    Ogden DUI Attorney - FAQ
    What do I do if I am charged with DUI in Ogden or Weber County? Facing prosecution for DUI (sometimes referred to as DWI) in Ogden or Weber County can involve serious consequences, both in the criminal court system and in other areas of your life. Having an experienced defense attorney on your side can be critical to achieving a positive outcome. Contact us today to see the difference that having the right attorney can do for your DUI case. The following questions and answers regarding DUI in Ogden and Weber County are intended as general information only, and should…
  • Holladay Justice Court - Cottonwood Heights
    Holladay Justice Court - Cottonwood Heights
    The Holladay Municipal Justice Court has jurisdiction over class B and C misdemeanor crimes that occur within the borders of Holladay City, Utah. By agreement with the City of Cottonwood Heights, the Holladay Justice Court also handles misdemeanor crimes that occur in Cottonwood Heights. Even a misdemeanor criminal conviction can have serious consequences. If you have been charged with a crime in Holladay or Cottonwood Heights, contact Utah criminal defense lawyer Stephen Howard now to arrange for a confidential attorney consultation. Mr. Howard has successfully protected his clients rights in thousands of serious felony and misdemeanor cases. Defending Criminal Charges…

Call a Utah Attorney

Call a Utah Criminal Attorney in Davis and Salt Lake Counties


Find Utah Criminal Law Help

Paragraph Spacer

For the People – For Attorneys

Attorney Protect Rights of the People

Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.
Important Criminal Defense Information for Utah Attorneys

The "For Attorneys" section provides tips and articles from the Canyons team intended to assist Utah defense attorneys improve their knowledge base and hone the skills needed to successfully represent clients facing criminal prosecution. These materials must be considered in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

Contact Form 7

    Contact a Utah Criminal Attorney in Davis County






    CONTACT US

    Case Results – Select Victories in Utah Criminal Defense

    Utah Criminal Defense Attorney Wins

    Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

    Father was arrested and held on half-million dollar bail for allegedly kidnapping his own child. Defense counsel demonstrated legal impossibility under the circumstances and prosecutor agreed to dismiss outright.

    Client faced first-degree felony charges for selling drugs to undercover police officer. Mitigating evidence gathered by defense relating to client’s youth, family support, treatment options, and lack of prior history was pivotal in convincing prosecutor to allow an abeyance agreement to a single misdemeanor count. Case was ultimately dismissed.

    • Felonies
    • Misdemeanors
    • District Courts
    • Justice Courts

    Constitutional – Utah Defense Attorneys

    Fifth Amendment Miranda RIghts

    Constitutional Rights

    P Spacer

    • Team Strategy
    • Jury Trials
    • Appeals
    • Expungements

    Constitutional Rights Legal Education

    Criminal Defense Attorneys Utah - Constitutional Rights

    Fifth Amendment Miranda RIghts


    Search for Utah Criminal Law Information

    Contact Information for Utah Criminal Defense Lawyers

    Canyons Law Group, LLC
    Offices in Salt Lake and Davis Counties
    Serving Clients Statewide

    952 South Main St., Suite A
    Layton, UT 84041

    560 South 300 East, Suite 200
    Salt Lake City, UT 84111

    801-449-1409

    Utah Criminal Defense Locations

    Serving Northern Utah and the Wasatch Front
    Salt Lake, Davis, Weber, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties

    Serving Central and Southern Utah
    Washington, Iron, Kane, Sevier, Sanpete, Juab, and Carbon Counties

    Make Online Payment

    Payments for Utah Attorneys
    Criminal Defense Page Archve
    Sitemap

    Copyright © 2010–2023 · Canyons Law Group, LLC · Stephen W. Howard, PC

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.