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. We fight to protect your rights.
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

Can enhanceable crimes be expunged in Utah?

Many enhanceable crimes in Utah are eligible for expungement. But an extended waiting period may apply, and you may be more likely to face opposition from prosecutors when seeking to expunge a criminal record involving enhanceable offenses. This page addresses expungement issues relating to DUI, domestic violence, and theft convictions.

For assistance in the expungement process, contact us today to arrange for a confidential consultation. Based in Salt Lake City, criminal attorney Stephen Howard offers legal services to clients throughout Utah.

Expunging DUI Charges in Utah

A felony DUI conviction is simply not eligible for expungement under the Utah Expungement Act. But misdemeanor DUI convictions may be expunged if you can demonstrate by clear and convincing evidence that the expungement is not contrary to the public interest.

The Utah legislature has imposed a longer waiting period for DUI expungement eligibility. While most class B misdemeanors require only a four-year waiting period, a misdemeanor DUI conviction requires a ten-year waiting period.

Additionally, because of public safety concerns relating to DUI offenses, prosecutors may be more likely to object to an expungement petition involving a DUI conviction. These same public safety concerns have contributed to the legislature's decision to make DUI crimes enhanceable. But these concerns do not act as a complete bar to expungement. If the required standards are met, a DUI conviction may still be expunged.

Domestic Violence and Theft Expungements


Domestic violence charges and theft charges have both been made enhanceable by the Utah legislature. But unlike DUI convictions, the legislature has not imposed an extended waiting period for expungement eligbility. Time periods for expungement eligibility are based on the level of the offense. For example, a felony theft conviction requires a seven-year waiting period for expungement eligibility. A class B domestic violence assault charge requires only a three-year waiting period.

While domestic violence charges can be expunged, violent felony charges are not eligible for expungement regardless of enhanceability. Thus, a felony domestic violence conviction is not eligible for expungement. But if a 402 reduction is granted first, reducing the domestic violence felony to the misdemeanor level, expungement eligibility can be restored.

Finding a Utah Criminal Attorney in Salt Lake City

Criminal Defense Lawyer UtahUtah's statutes governing the expungement of criminal convictions and arrests present a complicated set of rules regarding what charges can be expunged, how long you may have to wait for the expungement, and what you have to demonstrate to the court to have your expungement petition granted. Under Utah criminal law, there are a variety of enhancements that can affect the level of a criminal charge or conviction. Some enhanceable charges can affect your eligibility for expungement, while others may not. Consultation with an experienced criminal defense attorney in Utah is recommended to help determine whether you are eligible to have your criminal record expunged.

To learn more about the expungement process, contact us today to arrange for an initial consultation with Salt Lake City criminal defense lawyer Stephen Howard today.

RELATED CRIMINAL DEFENSE QUESTIONS:
Can a violent felony conviction be expunged in Utah?
How do I get a 402 reduction?
How soon can I start the expungement process for a dismissed 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 Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • 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 Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

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.