Can I speed up the expungement process in Utah?
Waiting times for expungement eligibility in Utah are governed by the Utah Expungement Act (Utah Code 77-40-101 et seq.). While these statutory waiting periods are binding on both the courts and BCI, an attorney may be able to help you speed up the expungement process by first obtaining a 402 reduction for the level of the offense.If you have criminal charges pending or are seeking to expunge a prior criminal record, the assistance of an experienced criminal lawyer is vital. Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. He has successfully defended his clients' rights in some of the most serious charges on the books in Utah.
Contact us today to arrange for an initial consultation.
Waiting Periods for Conviction Expungement in Utah
The waiting period for expunging a conviction in Utah begins at the conclusion of the later of either the completion of probation or parole, or the termination of any jail or prison term. The length of a waiting period for expunging records of a conviction is set by statute, and varies with the nature and level of the conviction. For most offenses, the following time periods apply:- 10 years for DUI Convictions
- 7 years for Felony Convictions
- 5 years for Class A Misdemeanors
- 4 years for Class B Misdemeanors
- 3 years for Class C Misdemeanors
Reducing the Expungement Waiting Periods - 402 Reduction
Because most expungement waiting periods are dependent only on the level of the offense, a successful 402 motion to reduce the level of the conviction also reduces the waiting period for expungement eligibility. For example, having a third-degree felony reduced to a class A misdemeanor reduces the waiting period for expungement eligibility from 7 years to 5 years (a 2-year reduction). A two-step 402 reduction would change the conviction to a class B misdemeanor, with only a 4-year waiting period (a total 3-year reduction in the waiting period).Finding an Expungement Attorney in Utah
Stephen
Howard is an experienced Utah
criminal defense lawyer. He has assisted clients in expunging records of cases ranging from serious felony convictions to plea-in-abeyance dismissals.Based in Salt Lake City, Mr. Howard serves clients throughout Utah. If you believe you may qualify for an expungement or a 402 reduction, contact us now to schedule an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS
- How do I get a 402 reduction in Utah?
- How long does the expungement process take after I become eligible?
- What is the best way to clear my criminal record in Utah?
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Not 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.
Dismissed - 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.
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.
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.
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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. . . .
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. . . .
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 »
Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....
Experience »
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 »
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 »
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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
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
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
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