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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Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
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.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
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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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