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
Expungement
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.