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 Ogden

There is good news and bad news on the question of whether a violent felony can be expunged in Ogden (or anywhere in Utah for that matter). The bad news is that a felony conviction classified as a "violent felony" under Utah law cannot be expunged through the courts. But the good news is that a good criminal attorney may be able to help you find ways around this prohibition.

Utah criminal defense lawyer Stephen Howard has assisted clients in clearing their records of a variety of serious felony and misdemeanor charges, including "violent felony" charges. We provide legal services to clients in Ogden and throughout Utah. Contact us today to see how we can help you.

Statutory Rules on Expungement of Violent Felonies

Utah Expungements in OgdenExpungement eligibility requirements for criminal cases involving a conviction are established by Utah Code 77-40-105. Under this law, a standard felony conviction requires a minimum seven-year waiting period before the felony conviction can be eligible for expungement. But this statute also bars BCI from issuing a certificate of eligibility and prohibits the courts in Ogden from entering an expungement order for any conviction classified as a "violent felony." For purposes of expungement eligibility, the term “violent felony” is defined by Utah Code 76-3-203.5 and covers a wide variety of felony offenses including (but not limited to) convictions for robbery, burglary, arson, aggravated assault, child abuse, domestic violence, homicide, kidnapping, rape or other sex offenses, stalking, witness tampering, and various weapons offenses.

402 Reductions and Restoring Expungement Eligibility

A person who has successfully completed probation may be eligible to have the level of the conviction reduced by up to two steps under Utah Code 76-3-402. In cases involving a violent felony conviction, this "402" reduction can result in the felony being reduced to the misdemeanor level. Assuming that other eligibility requirements are met, this reduction can restore expungement eligibility in many cases.

In determining whether a person is eligible for expungement, courts in Ogden and BCI must consider the current status of the conviction rather than the nature and level of the offense that was originally charged. Thus, if a violent felony is reduced to the misdemeanor level through the initial plea negotiations process or following a felony conviction by way of a 402 reduction, neither BCI nor the courts will treat the case as a felony.

The Pardon Process and Expungements

Utah law recognizes that there are individuals who will not meet the statutory requirements for expungement eligibility, but may still deserve to have their records cleaned. Utah law involves a black-and-white set of rules which BCI must follow in determining expungement eligibility. Not even the courts have authority or discretion to expunge an Ogden criminal conviction if the eligibility requirements are not met.

However, Utah law also provides the Board of Pardons and Parole with the authority and the discretion to enter a pardon order for individuals who have demonstrated that they deserve a clean record. Previous versions of Utah's laws governing pardons provided only that a pardon would restore a person's eligibility for expungement. But more recent changes to the pardon laws provide instead that the Board's pardon has the same effect as an expungement order.

Finding an Expungement Attorney for Ogden

Utah criminal defense attorney Stephen Howard has assisted helped clients clear their criminal records involving serious violent felonies, multiple convictions, and other complex situations. If you have been convicted of a violent felony in Ogden or believe that you are not eligible for expungement for other reasons, call us today. We can often tell you over the phone if there may be other ways of clearing your criminal record.


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.
  • 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 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • 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 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

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 in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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.