Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Expunging Violent Felonies in Davis County

Can a violent felony conviction be expunged in Utah?

The Utah Expungement Act prohibits a court-ordered expungement of a violent felony conviction. In some circumstances, there may be alternative strategies for clearing a violent felony from your criminal record. A402 reduction can sometimes be used to restore eligibility for a court-ordered expungement. When a 402 reduction is not an option, a pardon issued directly by the Board of Pardons can have essentially the same effect as an expungement.

For assistance in reducing or expunging your Utah criminal record, contact us to arrange an initial consultation. In most instances we can tell you over the phone whether you may be able to restore your expungement eligibility. Serving clients in Davis County and throughout Utah, we work closely with clients to help them clear their records. Contact us today to learn more.

Utah Law on Felony Expungements

Utah Expungements in Davis CountyFor criminal cases involving a conviction, Utah Code 77-40-105 establishes the expungement eligibility requirements. An eligible felony under this law requires a minimum seven-year waiting period before a certificate of eligibility can be issued by BCI. This law also prohibits a court-ordered expungement of any violent felony conviction.

For purposes of the expungement statute, the term "violent felony" is defined by Utah Code 76-3-203.5 and covers a wide range 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.

In some cases, eligibility for expungement of a violent felony can be restored through a reduction process commonly referred to as a "402" reduction. While Utah law prohibits the expungement of any violent felony conviction, a distinction is made between a conviction for a violent felony and a violent felony charge that has since been dismissed or reduced. Utah Code 76-3-402 provides a procedure whereby a person may be able to obtain a court order reducing the conviction from the felony level to the misdemeanor level.

Obtaining a 402 Reduction

The first eligibility requirement for a 402 reduction is the successful completion of probation. Previous versions of section 76-3-402 required completion of probation "without violation." Under the current amendments to the statute, eligibility can be maintained even following a violation of the terms of probation, so long as a defendant ultimately completes probation successfully.

The second requirement for obtaining a 402 reduction is a demonstration to the court that the requested reduction is "in the interest of justice." This standard is not clearly defined in the statute, but can generally be thought of as requiring that the court be convinced that the defendant deserves a break and that the public does not need to be protected by retaining the "convicted fellon" label.

Where a one-step reduction is all that is required (i.e., a third-degree felonybeing reduced to a class A misdemeanor), the defendant need only convince the judge that the reduction should be granted. The court can then order the reduction even over the prosecutor's objection. Where a two-step reduction is required to take the level of the conviction to the misdemeanor level, the prosecutor must consent to the reduction either in writing or on the record in court. Where the prosecutor has stipluated to the two-step reduction, the judge also must be convinced that the two-step reduction is justified. Where the prosecutor objects to the two-step reduction, the judge is restricted to granting only a one-step reduction.

Note that in circumstances where a person is unable to obtain a 402 reduction to the misdemeanor level (whether because probation was unsuccessful, probation was not granted, or the judge denies the motion), the pardon process may provide an alternative method of obtaining an expungement of a violent felony conviction or expungement of multiple convictions.

Finding an Expungement Attorney in Utah

Utah Criminal Defense LawyerA criminal record can affect your right to own or possess firearms, your employment opportunities, your ability to rent an apartment, and much more.  If you have been convicted of a violent felony or for other reasons believe you are not eligible for expungement in Utah, speaking with an experienced criminal attorney is important. We have worked with many clients who were not initially eligible for expungement, successfully guiding them through the restoration process and ultimately clearing their records.

We are pleased to assist clients in Davis County and throughout the State of Utah. Contact us today to arrange for an initial consultation. See what the right attorney can do for you.

OTHER UTAH CRIMINAL DEFENSE TOPICS
Do I need a defense lawyer for my criminal case in Utah?
How do I select the best criminal attorney for my case?


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.