Can a violent felony be expunged?
Yes, but some additional steps will be required.
The Utah Expungement Act prevents the direct expungement of felony convictions that are classified as violent felonies. However, there are potential alternatives that can ultimately result in expungement of the conviction.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
If the person qualifies for a 402 reduction (usually by completing probation or parole successfully), then a motion can be filed to reduce the level of the conviction. Once the charge is reduced to the misdemeanor level, it no longer counts as a felony even though the nature of the charge remains the same. Once the conviction is no longer a violent felony, the case may now be eligible for expungement.
The pardon process can offer an alternative method of clearing a criminal record. If a significant period of time has passed without further criminal activity and if the person can demonstrate that public safety will not be harmed and that the person otherwise deserves to have their record cleared, the Board of Pardons has authority to expunge records even when the courts may lack that authority.
Finding the Right Attorney to Help You
The right attorney can make all the difference. We have extensive experience with expungements, pardons, and 402 reductions.
The best attorneys understand your case involves more than just what happens in court.
Contact us to see what the right legal team can do for you.
